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113-hr-4557
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I 113th CONGRESS 2d Session H. R. 4557 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Posey introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Deposit Insurance Act to provide for notice to, and input by, State insurance commissioners when requiring an insurance company to serve as a source of financial strength pursuant to such Act.
1. Short title This Act may be cited as the Policyholder Protection Act of 2014 . 2. Source of strength Section 38A of the Federal Deposit Insurance Act ( 12 U.S.C. 1831o–1 ) is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following: (c) Authority of State Insurance Regulator (1) In general The provisions of section 5(g) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1844(g) ) shall apply to a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution that is an insurance company, and to any other company that is an insurance company and that directly or indirectly controls an insured depository institution, to the same extent as such section 5(g) applies to a bank holding company that is an insurance company. (2) Rule of construction Requiring a bank holding company that is an insurance company, a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution that is an insurance company, or any other company that is an insurance company and that directly or indirectly controls an insured depository institution to serve as a source of financial strength under this section shall be deemed an action of the Board that requires a bank holding company to provide funds or other assets to a subsidiary depository institution for purposes of such section 5(g). .
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113-hr-4558
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I 113th CONGRESS 2d Session H. R. 4558 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Ross (for himself and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To clarify the authority of States to regulate private flood insurance coverage.
1. Short title This Act may be cited as the Flood Insurance Market Parity and Modernization Act of 2014 . 2. Authority of States to regulate private flood insurance Paragraph (7) of section 102(b) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(7)) is amended to read as follows: (7) Private flood insurance defined In this subsection, the term private flood insurance means an insurance policy that— (A) provides flood insurance coverage; (B) is issued by an insurance company that is— (i) licensed, admitted, or otherwise approved to engage in the business of insurance in the State or jurisdiction in which the insured building is located, by the insurance regulator of that State or jurisdiction; or (ii) eligible as a nonadmitted insurer to provide insurance in the State or jurisdiction where the property to be insured is located, in accordance with sections 521 through 527 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8201–6); and (C) is issued by an insurance company that is not otherwise disapproved as a surplus lines insurer by the insurance regulator of the State or jurisdiction where the property to be insured is located .
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113-hr-4559
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I 113th CONGRESS 2d Session H. R. 4559 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Schock (for himself, Mr. Blumenauer , Ms. Tsongas , and Mrs. Noem ) 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 time period for contributing military death gratuities to Roth IRAs and Coverdell education savings accounts.
1. Extension of time period for contributing military death gratuities to Roth IRAs and Coverdell education savings accounts (a) In general Sections 408A(e)(2)(A) and 530(d)(9)(A) of the Internal Revenue Code of 1986 are each amended by striking 1-year period and inserting 3-year period . (b) Effective date The amendments made by this section shall apply to amounts received under section 1477 of title 10, United States Code, or under section 1967 of title 38 of such Code, after the date of the enactment of this Act.
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113-hr-4560
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I 113th CONGRESS 2d Session H. R. 4560 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To allow members of the Armed Forces and National Guard to defer principal on Federal student loans for a certain period in connection with receipt of orders for mobilization for war or national emergency, and for other purposes.
1. Short title This Act may be cited as the Service Members Student Loan Relief Act . 2. Deferral for certain period in connection with receipt of orders for mobilization for war or national emergency (a) Federal Family Education Loans Section 428(b)(1)(M) of the Higher Education Act of 1965 ( 20 U.S.C. 1078(b)(1)(M) ) is amended— (1) in the matter preceding clause (i), by striking , during any period ; (2) in clause (i), by striking during which and inserting during any period during which ; (3) in clause (ii), by striking during which and inserting during any period during which ; (4) in clause (iii)— (A) by striking during which and inserting during any period during which ; and (B) in the matter following subclause (II), by striking or after the semicolon; (5) by redesignating clause (iv) as clause (vi); (6) by inserting after clause (iii) the following: (iv) in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of— (I) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and (II) the 180-day period preceding the first day of such service; (v) notwithstanding clause (iv)— (I) in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and (II) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and ; and (7) in clause (vi) (as redesignated by paragraph (5)), by striking not in excess and inserting during any period not in excess . (b) Direct Loans Section 455(f)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(f)(2) ) is amended— (1) in the matter preceding subparagraph (A), by striking during any period ; (2) in subparagraph (A), by striking during which and inserting during any period during which ; (3) in subparagraph (B), by striking not in excess and inserting during any period not in excess ; (4) in subparagraph (C)— (A) by striking during which and inserting during any period during which ; and (B) in the matter following clause (ii), by striking or after the semicolon; (5) by redesignating subparagraph (D) as subparagraph (F); (6) by inserting after subparagraph (C) the following: (D) in the case of any borrower who has received a call or order to duty described in clause (i) or (ii) of subparagraph (C), during the shorter of— (i) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in clause (i) or (ii) of subparagraph (C); and (ii) the 180-day period preceding the first day of such service; (E) notwithstanding subparagraph (D)— (i) in the case of any borrower described in such subparagraph whose call or order to duty is cancelled before the first day of the service described in clause (i) or (ii) of subparagraph (C) because of a personal injury in connection with training to prepare for such service, during the period described in subparagraph (D) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and (ii) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in clause (i), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; and ; and (7) in subparagraph (F) (as redesignated by paragraph (5)), by striking not in excess and inserting during any period not in excess . (c) Perkins Loans Section 464(c)(2)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1087dd(c)(2)(A) ) is amended— (1) in the matter preceding clause (i), by striking during any period ; (2) in clause (i), by striking during which and inserting during any period during which ; (3) in clause (ii), by striking not in excess and inserting during any period not in excess ; (4) in clause (iii), by striking during which and inserting during any period during which ; (5) by redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; (6) by inserting after clause (iii) the following: (iv) in the case of any borrower who has received a call or order to duty described in subclause (I) or (II) of clause (iii), during the shorter of— (I) the period beginning on the date such call or order to duty is received by the borrower and ending on the first day of the service described in subclause (I) or (II) of clause (iii); and (II) the 180-day period preceding the first day of such service; (v) notwithstanding clause (iv)— (I) in the case of any borrower described in such clause whose call or order to duty is cancelled before the first day of the service described in subclause (I) or (II) of clause (iii) because of a personal injury in connection with training to prepare for such service, during the period described in clause (iv) and during an additional period equal to the duration of such service, as specified by or otherwise determined in the original call or order to duty; and (II) in the case of any borrower whose call or order to duty is cancelled before the first day of such service for a reason other than an injury described in subclause (I), during the period beginning on the date the call or order to duty is received by the borrower and ending on the date that is 14 days after such call or order to duty is cancelled; ; (7) in clause (vi) (as redesignated by paragraph (5)), by striking not in excess and inserting during any period not in excess ; and (8) in clause (vii) (as redesignated by paragraph (5)), by striking during which and inserting during any period during which . (d) Rule of construction Nothing in the amendments made by this section shall be construed to authorize any refunding of any repayment of a loan. (e) Applicability The amendments made by this section shall apply with respect to all loans made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). 3. Conforming amendments Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) is further amended— (1) in section 428B(d)(1)(A)(ii) ( 20 U.S.C. 1078–2(d)(1)(A)(ii) ), by striking 428(b)(1)(M)(i)(I) and inserting clause (i)(I), (iv), or (v) of section 428(b)(1)(M) ; and (2) in section 493D(a) ( 20 U.S.C. 1098f(a) ), by striking section 428(b)(1)(M)(iii), 455(f)(2)(C), or 464(c)(2)(A)(iii) and inserting clause (iii) or (iv) of section 428(b)(1)(M), subparagraph (C) or (D) of section 455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A) .
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113-hr-4561
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I 113th CONGRESS 2d Session H. R. 4561 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To specify requirements for the next update of the current strategic plan for the Office of Rural Health of the Department of Veterans Affairs for improving access to, and the quality of, health care services for veterans in rural areas.
1. Short title This Act may be cited as the Rural Veterans Health Care Improvement Act of 2014 . 2. Requirements in connection with next update of current strategic plan for Office of Rural Health of the Department of Veterans Affairs (a) Requirements (1) In general The first update of the Strategic Plan Refresh for Fiscal Years 2012 through 2014 of the Office of Rural Health of the Department of Veterans Affairs after the date of the enactment of this Act, whether an update or refresh of such Strategic Plan Refresh or a strategic plan to supersede such Strategic Plan Refresh, shall be prepared in accordance with this section. (2) Consultation The Director of the Office of Rural Health shall prepare the update in consultation with the following: (A) The Director of the Health Care Retention and Recruitment Office of the Department. (B) The Director of the Office of Quality and Performance of the Department. (C) The Director of the Office of Care Coordination Services of the Department. (b) Elements The update described in subsection (a) shall include, for the period covered by the update, the following: (1) Goals and objectives for the recruitment and retention by the Veterans Health Administration of health care personnel in rural areas. (2) Goals and objectives for ensuring timeliness and improving quality in the delivery of health care services by the Veterans Health Administration in rural areas through contract and fee-basis providers. (3) Goals and objectives for the implementation, expansion, and enhanced use of telemedicine services by the Veterans Health Administration in rural areas, including through coordination with other appropriate offices of the Department. (4) Goals and objectives for ensuring the full and effective use of mobile outpatient clinics by the Veterans Health Administration for the provision of health care services in rural areas, including goals and objectives for the use of such clinics on a fully mobile basis and for encouraging health care providers who provide services through such clinics to do so in rural areas. (5) Procedures for soliciting from each Veterans Health Administration facility that serves a rural area the following: (A) A statement of the clinical capacity of such facility. (B) The procedures of such facility in the event of a medical, surgical, or mental health emergency outside the scope of the clinical capacity of such facility. (C) The procedures and mechanisms of such facility for the provision and coordination of health care for women veterans, including procedures and mechanisms for coordination with local hospitals and health care facilities, oversight of primary care and fee-basis care, and management of specialty care. (6) Goals and objectives for the modification of the funding allocation mechanisms of the Office of Rural Health in order to ensure that the Office distributes funds to components of the Department to best achieve the goals and objectives of the Office and in a timely manner. (7) Goals and objectives for the coordination of, and sharing of resources with respect to, the provision of health care services to veterans in rural areas between the Department of Veterans Affairs, the Department of Defense, the Indian Health Service of the Department of Health and Human Services, and other Federal agencies, as appropriate and prudent. (8) Specific milestones for the achievement of the goals and objectives developed for the update. (9) Procedures for ensuring the effective implementation of the update. (c) Transmittal to Congress Not later than 90 days after the date of the issuance of the update described in subsection (a), the Secretary of Veterans Affairs shall transmit the update to Congress, together with such comments and recommendations in connection with the update as the Secretary considers appropriate.
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113-hr-4562
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I 113th CONGRESS 2d Session H. R. 4562 IN THE HOUSE OF REPRESENTATIVES May 1, 2014 Mr. Smith of Nebraska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize early repayment of obligations to the Bureau of Reclamation within the Northport Irrigation District in the State of Nebraska.
1. Early repayment of construction costs (a) In general Notwithstanding section 213 of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm ), any landowner within the Northport Irrigation District in the State of Nebraska (referred to in this section as the District ) may repay, at any time, the construction costs of project facilities allocated to the landowner’s land within the District. (b) Applicability of full-Cost pricing limitations On discharge, in full, of the obligation for repayment of all construction costs described in subsection (a) that are allocated to all land the landowner owns in the District in question, the parcels of land shall not be subject to the ownership and full-cost pricing limitations under Federal reclamation law (the Act of June 17, 1902, 32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act ( 43 U.S.C. 371 et seq. ), including the Reclamation Reform Act of 1982 ( 13 U.S.C. 390aa et seq. ). (c) Certification On request of a landowner that has repaid, in full, the construction costs described in subsection (a), the Secretary of the Interior shall provide to the landowner a certificate described in section 213(b)(1) of the Reclamation Reform Act of 1982 ( 43 U.S.C. 390mm(b)(1) ). (d) Effect Nothing in this section— (1) modifies any contractual rights under, or amends or reopens, the reclamation contract between the District and the United States; or (2) modifies any rights, obligations, or relationships between the District and landowners in the District under Nebraska State law.
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113-hr-4563
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I 113th CONGRESS 2d Session H. R. 4563 IN THE HOUSE OF REPRESENTATIVES May 2, 2014 Mr. Israel 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 tax credit for certain expenses relating to applying to college.
1. Short title This Act may be cited as the College Preparation Tax Credit Act of 2014 . 2. Tax credit for college preparation expenses (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Credit for college preparation expenses (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to so much of the qualified college preparation expenses paid or incurred by the taxpayer during such taxable year as does not exceed $500. (b) Qualified college preparation expenses For purposes of this section, the term qualified college preparation expenses means amounts paid or incurred for— (1) fees required for taking any Advanced Placement or International Baccalaureate exam, (2) fees required for taking the SAT, the ACT, or any SAT Subject Test, (3) expenses related to preparation (including tutorial services and preparation classes) for any exam described in paragraph (1) or (2), (4) fees and expenses related to applications for admission to pursue a postsecondary course of study at an eligible educational institution (as defined in section 25A(f)(2)), and (5) such other similar expenses and fees as the Secretary may by regulation prescribe. (c) Election No credit shall be allowed under subsection (a) with respect to any expenses paid or incurred during the taxable year with respect to any individual for whom an election is not in effect under this section for such taxable year. (d) Credit allowed only for 3 taxable years An election under this section with respect to any individual may not be made for any taxable year if such an election is in effect with respect to such individual for any 3 prior taxable years. (e) Treatment of expenses paid by dependent If a deduction under section 151 with respect to an individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins— (1) no credit shall be allowed under subsection (a) to such individual for such individual’s taxable year, and (2) qualified college preparation expenses paid by such individual during such individual’s taxable year shall be treated for purposes of this section as paid by such other taxpayer. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Credit for college preparation expenses. . (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-4564
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I 113th CONGRESS 2d Session H. R. 4564 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. McHenry (for himself and Mr. Garrett ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Jumpstart Our Business Startups Act to improve the crowdfunding provisions, and for other purposes.
1. Short title This Act may be cited as the Equity Crowdfunding Improvement Act of 2014 . 2. Crowdfunding (a) Repeal of existing law The CROWDFUND Act is hereby repealed and the provisions of law amended by such Act are revived or restored as if such Act had not been enacted. (b) New crowdfunding law The Jumpstart Our Business Startups Act is amended— (1) by inserting after title II the following: III Entrepreneur Access to Capital 301. Crowdfunding exemption (a) In general Section 4(a) of the Securities Act of 1933 ( 15 U.S.C. 77d(a)(6) ) is amended by adding at the end the following: (6) transactions involving the offer or sale of securities by an issuer, provided that— (A) the aggregate amount sold within the previous 12-month period in reliance upon this exemption is— (i) $3,000,000, as such amount is adjusted by the Commission to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, or less; or (ii) if the issuer provides potential investors with audited financial statements, $5,000,000, as such amount is adjusted by the Commission to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, or less; (B) the aggregate amount sold to any investor who is not an accredited investor in reliance on this exemption within the previous 12-month period does not exceed the greater of— (i) $5,000, as such amount is adjusted by the Commission to reflect the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics; (ii) 10 percent of the investor’s annual income; or (iii) 10 percent of the investor’s net worth; (C) in the case of a transaction involving an intermediary between the issuer and the investor, such intermediary complies with the requirements under section 4A(a); (D) if the aggregate amount sold within the previous 12-month period in reliance upon this exemption is— (i) $500,000 or less, the issuer provides potential investors with financial statements that have been certified by the principal executive officer of the issuer to be true and complete in all material respects; and (ii) more than $500,000 and less than $3,000,000, the issuer provides potential investors with financial statements that have been reviewed by a public accountant who is independent of the issuer, using professional standards and procedures for such review; and (E) at the time such securities are issued, the issuer is a corporation. . (b) Requirement on intermediaries The Securities Act of 1933 ( 15 U.S.C. 77a et seq. ) is amended by inserting after section 4 the following: 4A. Requirements on intermediaries with respect to crowdfunding transactions (a) Requirements on intermediaries For purposes of section 4(a)(6), a person acting as an intermediary in a transaction involving the offer or sale of securities shall comply with the requirements of this subsection if the intermediary— (1) registers with the Commission as— (A) a broker; or (B) a person acting as an intermediary who does not— (i) offer investment advice or recommendations; (ii) explicitly solicit purchases, sales, or offers to buy particular securities offered or displayed on its website or portal; (iii) directly compensate employees, agents, or other persons for direct sale of securities displayed or referenced on its website or portal; or (iv) manage, possess, or otherwise handle investor funds or securities; (2) warns investors, including on the intermediary's website used for the offer and sale of such securities, of the speculative nature generally applicable to investments in startups, emerging businesses, and small issuers, including risks in the secondary market related to illiquidity; (3) warns investors that they are subject to the restriction on sales requirement described under subsection (d); (4) takes reasonable measures to reduce the risk of fraud with respect to such transaction; (5) provides the Commission with the intermediary's physical address, website address, and the names of the intermediary, the chief officer of the intermediary (or person fulfilling a similar role), and any employee of the intermediary responsible for the intermediary’s direct compliance with the securities laws (as defined under section 3 of the Securities Exchange Act of 1934), and updates such information with the Commission within 6 business days of such information changing; (6) provides the Commission with continuous investor-level access to the intermediary's website; (7) requires each potential investor to answer questions demonstrating— (A) an understanding of the level of risk generally applicable to investments in startups, emerging businesses, and small issuers; (B) an understanding of the risk of illiquidity; and (C) such other areas as the Commission, in consultation with self-regulatory organizations (as defined in section 3 of the Securities Exchange Act of 1934), may determine appropriate by rule or regulation; (8) requires the issuer to state a target offering amount and a deadline to reach the target offering amount and ensure the third party custodian described under paragraph (11) withholds offering proceeds until— (A) aggregate capital raised from investors other than the issuer is no less than 100 percent of the target offering amount; and (B) the issuer has complied with all requirements under this section; (9) carries out a background check on the executive officers, directors, and shareholders with 15 percent or more voting control of the issuer (or persons fulfilling similar roles) to ensure such persons would not meet the disqualification provisions adopted in accordance with section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; (10) provides the Commission and potential investors with notice of the offering, not later than the first day securities are offered to potential investors, including— (A) the issuer's name, legal status, physical address, and website address; (B) the names of the executive officers, directors, and shareholders with 15 percent or more voting control of the issuer (or persons fulfilling similar roles); (C) the intended use of the proceeds of the offering; and (D) the target offering amount and the deadline to reach the target offering amount; (11) outsources cash functions to a qualified third party custodian, such as a broker or dealer registered under section 15(b)(1) of the Securities Exchange Act of 1934 or an insured depository institution; (12) maintains such books and records as the Commission determines appropriate; (13) makes available on the intermediary's website a method of communication that permits the issuer and investors to communicate with one another; (14) provides the Commission with a notice upon completion of the offering, which shall include the aggregate offering amount and the number of purchasers; and (15) does not offer investment advice. (b) Verification of investor information For purposes of section 4(a), an intermediary may rely on a certification by an investor as to— (1) the investor’s status as an accredited investor; and (2) with respect to an unaccredited investor, the investor’s annual income, net worth, and the aggregate amount of securities sold to the investor in reliance on the exemption provided by section 4(a) within the previous 12-month period. (c) Information Available to States The Commission shall make the notices described under subsections (a)(10) and (a)(14) and the information described under subsection (a)(5) available to the States. (d) Restriction on Sales Newly issued securities purchased in a transaction made in reliance on section 4(a)(6) may not be resold by any person during the 1-year period beginning on the date of original purchase, unless such securities are sold to— (1) the issuer of such securities; or (2) an accredited investor. (e) Requirement for use of intermediaries when selling to unaccredited investors With respect to a transaction described under section 4(a)(6), an issuer may only enter into a transaction with an unaccredited investor through the use of an intermediary, and any resale of a security originally issued in reliance on section 4(a)(6) may only be made with an unaccredited investor through the use of an intermediary. (f) Rules of construction (1) No registration as broker With respect to a transaction either made pursuant to section 4(a)(6) or involving the resale of a security originally issued pursuant to section 4(a)(6) and involving an intermediary, such intermediary shall not be required to register as a broker under section 15(a)(1) of the Securities Exchange Act of 1934 solely by reason of participation in such transaction. (2) Right to select transactions An intermediary may select in which transactions to serve as an intermediary, and such selection shall not be considered investment advice or subject the intermediary to regulation under the Investment Advisers Act of 1940. (3) Right to terminate transaction An intermediary may review the transaction and terminate the transaction at any time if— (A) in carrying out the intermediary’s due diligence under the transaction, the intermediary determines that termination is appropriate; (B) the intermediary is able to return all funds provided by potential investors; and (C) the custodian has not transferred the offering proceeds to the issuer. (4) No preclusion of other capital raising Nothing in this section or section 4(a)(6) shall be construed as preventing an issuer from raising capital through securities offerings made in reliance on other exemptions from registration. . (c) Rulemaking Not later than 120 days after the date of the enactment of this title, the Securities and Exchange Commission shall issue such rules as may be necessary to carry out section 4A of the Securities Act of 1933. In issuing such rules, the Commission shall consider the costs and benefits of the action. (d) Disqualification Not later than 120 days after the date of the enactment of this title, the Securities and Exchange Commission shall by rule or regulation establish disqualification provisions under which an issuer shall not be eligible to utilize the exemption under section 4(a)(6) of the Securities Act of 1933 based on the disciplinary history of the issuer or its predecessors, affiliates, officers, directors, or persons fulfilling similar roles. The Commission shall also establish disqualification provisions under which an intermediary shall not be eligible to act as an intermediary in connection with an offering utilizing the exemption under section 4(a)(6) of the Securities Act of 1933 based on the disciplinary history of the intermediary or its predecessors, affiliates, officers, directors, or persons fulfilling similar roles. Such provisions shall be substantially similar to the disqualification provisions contained in the regulations adopted in accordance with section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 77d note). (e) Treatment of crowdfunding investment companies Section 3(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c) ) is amended by adding at the end the following: (15) Any person substantially all of whose business is confined to investing in securities purchased in a transaction made in reliance on section 4(a)(6) of the Securities Act of 1933. . 302. Exclusion of crowdfunding investors from shareholder cap Section 12(g)(5) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g)(5) ) is amended— (1) by striking (5) For the purposes ; and inserting the following: (5) Definitions (A) In general For the purposes ; and (2) by adding at the end the following: (B) Exclusion for persons holding certain securities For purposes of this subsection, securities originally issued in transactions described under section 4(a)(6) of the Securities Act of 1933 shall neither be deemed to be nor counted towards the definition of held of record . . 303. Preemption of State law (a) In general Section 18(b)(4) of the Securities Act of 1933 ( 15 U.S.C. 77r(b)(4) ) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: (C) section 4(a)(6); . (b) Clarification of the Preservation of State Enforcement Authority (1) In general The amendments made by subsection (a) relate solely to State registration, documentation, and offering requirements, as described under section 18(a) of the Securities Act of 1933 ( 15 U.S.C. 77r(a) ), and shall have no impact or limitation on other State authority to take enforcement action with regard to an issuer, intermediary, or any other person or entity using the exemption from registration provided by section 4(a)(6) of such Act. (2) Clarification of state jurisdiction over unlawful conduct of intermediaries, issuers, and custodians Section 18(c)(1) of the Securities Act of 1933 is amended by striking with respect to fraud or deceit, or unlawful conduct by a broker or dealer, in connection with securities or securities transactions. and inserting the following: , in connection with securities or securities transactions, with respect to— (A) fraud or deceit; (B) unlawful conduct by a broker or dealer; and (C) with respect to a transaction described under section 4(a)(6), unlawful conduct by an intermediary, issuer, or custodian. . ; and (2) in the table of contents for such Act by amending the items relating to title III to read as follows: TITLE III—Entrepreneur Access to Capital Sec. 301. Crowdfunding exemption. Sec. 302. Exclusion of crowdfunding investors from shareholder cap. Sec. 303. Preemption of State law. .
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113-hr-4565
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I 113th CONGRESS 2d Session H. R. 4565 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. McHenry (for himself and Mr. Garrett ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the securities laws to improve the small company capital formation provisions, and for other purposes.
1. Short title This Act may be cited as the Startup Capital Modernization Act of 2014 . 2. Increase in small issues exemptive authority Section 3(b)(1) of the Securities Act of 1933 ( 15 U.S.C. 77c(b)(1) ) is amended by striking $5,000,000 and inserting $10,000,000 . 3. Preemption of State laws (a) In general The first subparagraph (D) of section 18(b)(4) of the Securities Act of 1933 ( 15 U.S.C. 77r(b)(4) ) (relating to a rule or regulation adopted pursuant to section 3(b)(2)) is amended by inserting section 3(b)(1) or before section 3(b)(2) . (b) Clarification of the preservation of State enforcement authority (1) In general The amendment made by subsection (a) relates solely to State registration, documentation, and offering requirements, as described under section 18(a) of the Securities Act of 1933 ( 15 U.S.C. 77r(a) ), and shall have no impact or limitation on other State authority to take enforcement action with regard to an issuer, intermediary, or any other person or entity using the exemption from registration provided by section 3(b)(1) of such Act. (2) Clarification of State jurisdiction over unlawful conduct of intermediaries, issuers, and custodians Section 18(c)(1) of the Securities Act of 1933 is amended— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) with respect to a transaction described under section 3(b), unlawful conduct by an issuer or custodian. . 4. Exclusion from shareholder cap (a) In general Section 12(g) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g) ) is amended by adding at the end the following: (7) Exclusion for securities issued under Regulation A pursuant to section 3(b) of the Securities Act of 1933 All securities issued under Regulation A (17 C.F.R. 230.251 et seq.) pursuant to section 3(b) of the Securities Act of 1933 shall be exempt from the provisions of this subsection if the issuer has filed audited financial statements with the Commission and the issuer is in compliance with all periodic disclosures required by the Commission pursuant to section 3(b)(4) of the Securities Act of 1933. . (b) Rulemaking The Securities and Exchange Commission shall issue a rule to carry out section 12(g)(7) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ), as added by this section, not later than 180 days after the date of enactment of this section. (c) Rule of applicability The exclusion provided under section 12(g)(7) of the Securities Exchange Act of 1934 (15 U.S.C. 78c), as added by this section, shall apply to securities issued before, on, or after the date of the enactment of this Act. 5. Exempted transactions (a) Exempted transactions Section 4 of the Securities Act of 1933 ( 15 U.S.C. 77d ) is amended— (1) in subsection (a), by adding at the end the following new paragraph: (7) transactions meeting the requirements of subsection (d). ; (2) by redesignating the second subsection (b) (relating to securities offered and sold in compliance with Rule 506 of Regulation D) as subsection (c); and (3) by adding at the end the following: (d) (1) The transactions referred to in subsection (a)(7) are transactions where— (A) each purchaser is an accredited investor, as that term is defined in section 230.501(a) of title 17, Code of Federal Regulations (or any successor thereto); and (B) if any securities sold in reliance on subsection (a)(7) are offered by means of any general solicitation or general advertising, the seller takes reasonable steps to verify, in the manner set forth in section 230.506(c)(ii) of title 17, Code of Federal Regulations (or any successor regulation), that each purchaser is an accredited investor. (2) Securities sold in reliance on subsection (a)(7) shall be deemed to have been acquired in a transaction not involving any public offering. (3) The exemption provided by this subsection shall not be available for a transaction where the seller is— (A) an issuer, its subsidiaries or parent; (B) an underwriter acting on behalf of the issuer, its subsidiaries or parent, which receives compensation from the issuer with respect to such sale; or (C) a dealer. (4) A transaction meeting the requirements of this subsection shall be deemed not to be a distribution for purposes of section 2(a)(11). . (b) Exemption in connection with certain exempt offerings Section 18(b)(4) of the Securities Act of 1933 ( 15 U.S.C. 77r(b)(4) ) is amended— (1) by redesignating the second subparagraph (D) and subparagraph (E) as subparagraphs (E) and (F), respectively; (2) in subparagraph (E), as so redesignated, by striking ; or and inserting a semicolon; (3) in subparagraph (F), as so redesignated, by striking the period and inserting ; or ; and (4) by adding at the end the following new subparagraph: (G) section 4(a)(7). .
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113-hr-4566
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I 113th CONGRESS 2d Session H. R. 4566 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Collins of Georgia (for himself, Mr. Bishop of Utah , Mr. Chabot , Mr. Meadows , Mr. Messer , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a commission to conduct a comprehensive review over 6 years of Federal agencies and programs and to recommend the elimination or realignment of duplicative, wasteful, or outdated functions, and for other purposes.
1. Short title This Act may be cited as the Commission on the Accountability and Review of Federal Agencies Act . 2. Establishment of Commission (a) Establishment There is established the Commission on the Accountability and Review of Federal Agencies (hereafter in this Act referred to as the Commission ). (b) Membership (1) Number and appointment (A) In general The Commission shall be composed of 7 members appointed by the President as follows: (i) One in consultation with the Speaker of the House of Representatives. (ii) One in consultation with the minority leader of the House of Representatives. (iii) One in consultation with the majority leader of the Senate. (iv) One in consultation with the minority leader of the Senate. (v) Three other members. (B) Ex officio members The President may appoint up to 4 Members of Congress (up to 2 from each House) as nonvoting ex officio members of the Commission. (2) Chairperson The Commission shall select a member from among its members to serve as chairperson of the Commission. (c) Terms; vacancies (1) Terms Each member shall be appointed for a term of 2 years, except as provided in paragraph (2). (2) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings The Commission shall meet at the call of the chairperson. (f) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. 3. Duties of the Commission (a) Definition The term agency , as used in this section, has the meaning given the term executive agency under section 105 of title 5, United States Code. (b) Evaluations and plan Each year during the life of the Commission, the Commission shall— (1) evaluate agencies, and programs within those agencies, using the criteria under subsection (c) and pursuant to the schedule under subsection (d); and (2) develop— (A) a plan with recommendations on the agencies and programs evaluated under paragraph (1) that year that should be realigned or eliminated; and (B) proposed legislation to implement the plan under subparagraph (A). (c) Criteria (1) Duplicative If 2 or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program, the Commission shall recommend that the agency or program be realigned. (2) Wasteful or inefficient The Commission shall recommend the realignment or elimination of any agency or program that has wasted Federal funds by— (A) egregious spending; (B) mismanagement of resources and personnel; or (C) use of such funds for personal benefit or the benefit of a special interest group. (3) Outdated, irrelevant, or failed The Commission shall recommend the elimination of any agency or program that— (A) has completed its intended purpose; (B) has become irrelevant; or (C) has failed to meet its objectives. (d) Schedule (1) In general (A) Years covered The Commission shall carry out the evaluations required under subsection (b) each year for 6 years, beginning with the first calendar year beginning after the first meeting of the Commission. (B) Agencies and programs covered (i) During each year the Commission carries out evaluations, the Commission shall evaluate— (I) the agencies and programs covered by two annual appropriations Acts; and (II) such additional agencies and programs not funded by annual appropriations Acts as the Commission considers appropriate. (ii) If an agency or program is funded in more than one annual appropriations Act, the agency or program shall be evaluated under the appropriation Act through which it is primarily funded. (2) Publication of schedule Before beginning the first evaluations under subsection (b), the Commission shall publish in the Federal Register a schedule for the evaluations. The schedule shall specify, by year, the annual appropriations Acts and the additional agencies and programs not funded by annual appropriations Acts that will be evaluated during that year. (e) Reports (1) In general Not later than 90 days after the end of a year in which evaluations are carried out under the schedule under subsection (d), the Commission shall submit to the President and Congress a report that includes— (A) the plan developed under subsection (b)(1) for that year, with supporting documentation for all recommendations; and (B) the proposed legislation developed under subsection (b)(2) for that year. (2) Use of savings The proposed legislation under paragraph (1)(B) shall provide that all funds saved by the implementation of the plan under paragraph (1)(A) shall be used to cover the costs of the Commission and for deficit reduction. (3) Relocation of federal employees The proposed legislation under paragraph (1)(B) shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan under paragraph (1)(A), the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another Federal agency. 4. Powers of the Commission (a) Hearings The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as any member of the Commission considers advisable; (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses as any member of the Commission considers advisable; and (3) require, by subpoena or otherwise, the production of such books, records, correspondence, memoranda, papers, documents, tapes, and other evidentiary materials relating to any matter under investigation by the Commission. (b) Issuance and Enforcement of Subpoenas (1) Issuance Subpoenas issued under subsection (a) shall bear the signature of the chairperson of the Commission and shall be served by any person or class of persons designated by the chairperson for that purpose. (2) Enforcement In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Information From Federal Agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Postal Services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. 5. Commission personnel matters (a) Compensation of Members (1) Non-federal members Except as provided under subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated. (2) Federal officers or employees All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff (1) In general The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation Upon the approval of the chairperson, the executive director may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the maximum rate payable for a position at GS–15 of the General Schedule under section 5332 of such title. (3) Personnel as federal employees (A) In general The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission Subparagraph (A) shall not be construed to apply to members of the Commission. (d) Detail of Government Employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 6. Termination of the Commission The Commission shall terminate 90 days after the date on which the Commission submits the sixth report under section 3(e). 7. Comptroller General report Not later than 180 days after the termination of the Commission, the Comptroller General of the United States shall prepare and submit to Congress and the President a report on the effectiveness of the Commission. 8. Congressional consideration of reform proposals (a) Definitions In this section— (1) the term implementation bill means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation included in a report submitted to Congress under section 3, without modification; and (2) the term calendar day means a calendar day other than one on which either House is not in session because of an adjournment of more than 3 days to a date certain. (b) Introduction; Referral; and Report or Discharge (1) Introduction On the first calendar day on which both Houses are in session, on or immediately following the date on which the report is submitted to Congress under section 3, a single implementation bill shall be introduced (by request)— (A) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate; and (B) in the House of Representatives by the Speaker of the House of Representatives, for himself and the minority leader of the House of Representatives, or by Members of the House of Representatives designated by the Speaker and minority leader of the House of Representatives. (2) Referral The implementation bills introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment. (3) Report or discharge If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar. (c) Floor Consideration (1) In general When the committee to which an implementation bill is referred has reported, or has been discharged under subsection (b)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Amendments An implementation bill may not be amended in the Senate or the House of Representatives. (3) Debate Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (4) Vote on final passage Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (5) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (d) Coordination With Action by Other House If, before the passage by one House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply: (1) Nonreferral The implementation bill of the other House shall not be referred to a committee. (2) Vote on bill of other house With respect to an implementation bill of the House receiving the implementation bill— (A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (B) the vote on final passage shall be on the implementation bill of the other House. (e) Rules of the Senate and the House of Representatives This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 9. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for carrying out this Act.
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113-hr-4567
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I 113th CONGRESS 2d Session H. R. 4567 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Reichert (for himself and Mr. Blumenauer ) 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 broaden the special rules for certain governmental plans under section 105(j) to include plans established by political subdivisions.
1. Expansion of application of special rules for certain governmental plans to include plans established by political subdivisions (a) In general Section 105(j)(2) of the Internal Revenue Code of 1986 is amended— (1) by inserting or established by or on behalf of a State or political subdivision thereof after public retirement system , and (2) by inserting or 501(c)(9) after section 115 in subparagraph (B) thereof. (b) Effective date The amendments made by this section shall apply to payments after the date of the enactment of this Act.
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113-hr-4568
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I 113th CONGRESS 2d Session H. R. 4568 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mrs. Wagner introduced the following bill; which was referred to the Committee on Financial Services A BILL To enhance the ability of smaller reporting companies to access the public securities markets by allowing forward incorporation by reference on Form S–1, to add listing and registration of a class of common equity securities on a national securities exchange as an additional basis for satisfying the requirements of General Instruction I.B.1. of Form S–3, and to remove such listing and registration as a requirement of General Instruction I.B.6. of such form.
1. Short title This Act may be cited as the Small Business Freedom to Grow Act of 2014 . 2. Forward incorporation by reference for Form S–1 Not later than 45 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise Form S–1 so as to permit a smaller reporting company to incorporate by reference in a registration statement filed on such form any documents that such company files with the Commission after the effective date of such registration statement. 3. Expanded eligibility for use of Form S–3 Not later than 45 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise Form S–3— (1) so as to permit securities to be registered pursuant to General Instruction I.B.1. of such form provided that either— (A) the aggregate market value of the voting and non-voting common equity held by non-affiliates of the registrant is $75,000,000 or more; or (B) the registrant has at least one class of common equity securities listed and registered on a national securities exchange; and (2) so as to remove the requirement of paragraph (c) from General Instruction I.B.6. of such form. 4. Smaller reporting company defined In this Act, the term smaller reporting company has the meaning given such term in section 230.405 of title 17, Code of Federal Regulations.
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113-hr-4569
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I 113th CONGRESS 2d Session H. R. 4569 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Garrett (for himself and Mr. Hurt ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Securities and Exchange Commission to make certain improvements to form 10-K and regulation S-K, and for other purposes.
1. Short title This Act may be cited as the Disclosure Modernization and Simplification Act of 2014 . 2. Summary page for form 10-K Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Securities and Exchange Commission shall issue regulations to permit issuers to submit a summary page on form 10-K (17 C.F.R. 249.310), but only if each item on such summary page includes a cross-reference (by electronic link or otherwise) to the material contained in form 10-K to which such item relates. 3. Improvement of regulation S-K Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Securities and Exchange Commission shall revise regulation S-K (17 C.F.R. 229.10 et seq.)— (1) to further scale or eliminate requirements of regulation S-K, in order to reduce the burden on emerging growth companies, accelerated filers, and smaller reporting companies, and other smaller issuers; and (2) to eliminate provisions of regulation S-K, required for all issuers, that are duplicative, overlapping, outdated, or unnecessary. 4. Study on modernization and simplification of regulation S-K (a) Study The Securities and Exchange Commission shall carry out a study of the requirements contained in regulation S-K (17 C.F.R. 229.10 et seq.). Such study shall— (1) determine how best to modernize and simplify such requirements in a manner that reduces the costs and burdens on issuers while still providing all material information; (2) emphasize a company by company approach that allows relevant and material information to be disseminated to investors without boilerplate language or static requirements while preserving completeness and comparability of information across registrants; and (3) evaluate methods of information delivery and presentation and explore methods for discouraging repetition and the disclosure of immaterial information. (b) Report Not later than the end of the 360-day period beginning on the date of enactment of this Act, the Commission shall issue a report to the Congress containing— (1) all findings and determinations made in carrying out the study required under subsection (a); (2) specific and detailed recommendations on modernizing and simplifying the requirements in regulation S-K in a manner that reduces the costs and burdens on companies while still providing all material information; and (3) specific and detailed recommendations on ways to improve the readability and navigability of disclosure documents and to discourage repetition and the disclosure of immaterial information. (c) Rulemaking Not later than the end of the 360-day period beginning on the date that the report is issued to the Congress under subsection (b), the Commission shall issue a proposed rule to implement the recommendations of the report issued under subsection (b). (d) Rule of construction Revisions made to regulation S-K by the Commission under section 3 shall not be construed as satisfying the rulemaking requirements under this section.
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113-hr-4570
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I 113th CONGRESS 2d Session H. R. 4570 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Garrett (for himself and Mr. McHenry ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To direct the Securities and Exchange Commission to revise Regulation D relating to exemptions from registration requirements for certain sales of securities.
1. Short title This Act may be cited as the Private Placement Improvement Act of 2014 . 2. Revisions to SEC Regulation D Not later than 45 days following the date of the enactment of this Act, the Securities and Exchange Commission shall revise Regulation D (17 C.F.R. 501 et seq.) in accordance with the following: (1) The Commission shall revise Form D filing requirements to require an issuer offering or selling securities in reliance on an exemption provided under Rule 506 of Regulation D to file with the Commission a single notice of sales containing the information required by Form D for each new offering of securities no earlier than the date of first sale of securities in the offering. The Commission shall not require such an issuer to file any notice of sales containing the information required by Form D except for the single notice described in the previous sentence. (2) The Commission shall make the information contained in each Form D filing available to the securities commission (or any agency or office performing like functions) of each State and territory of the United States and the District of Columbia. (3) The Commission shall not condition the availability of any exemption for an issuer under Rule 506 of Regulation D (17 C.F.R. 230.506) on the issuer’s or any other person’s filing with the Commission of a Form D or any similar report. (4) The Commission shall not require issuers to submit written general solicitation materials to the Commission in connection with a Rule 506(c) offering, except when the Commission requests such materials pursuant to the Commission’s authority under section 8A or section 20 of the Securities Act of 1933 (15 U.S.C. 77h–1 or 77t) or section 9, 10(b), 21A, 21B, or 21C of the Securities Exchange Act of 1934 ( 15 U.S.C. 78i , 78j(b), 78u–1, 78u–2, or 78u–3). (5) The Commission shall not extend the requirements contained in Rule 156 to private funds. (6) The Commission shall revise Rule 501(a) of Regulation D to provide that a person who is a knowledgeable employee of a private fund or the fund’s investment adviser, as defined in Rule 3c–5(a)(4) (17 C.F.R. 270.3c–5(a)(4)), shall be an accredited investor for purposes of a Rule 506 offering of a private fund with respect to which the person is a knowledgeable employee.
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113-hr-4571
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I 113th CONGRESS 2d Session H. R. 4571 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Hultgren introduced the following bill; which was referred to the Committee on Financial Services A BILL To direct the Securities and Exchange Commission to revise its rules so as to increase the threshold amount for requiring issuers to provide certain disclosures relating to compensatory benefit plans.
1. Increased threshold for disclosures relating to compensatory benefit plans Not later than 60 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise section 230.701(e) of title 17, Code of Federal Regulations, so as to increase from $5,000,000 to $20,000,000 the aggregate sales price or amount of securities sold during any consecutive 12-month period in excess of which the issuer is required under such section to deliver an additional disclosure to investors. The Commission shall index for inflation such aggregate sales price or amount every 5 years to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, rounding to the nearest $1,000,000.
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113-hr-4572
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I 113th CONGRESS 2d Session H. R. 4572 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Walden (for himself, Mr. Upton , Mr. Waxman , and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to extend expiring provisions relating to the retransmission of signals of television broadcast stations, and for other purposes.
1. Short title This Act may be cited as the STELA Reauthorization Act of 2014 . 2. Extension of authority Section 325(b) of the Communications Act of 1934 ( 47 U.S.C. 325(b) ) is amended— (1) in paragraph (2)(C), by striking December 31, 2014 and inserting December 31, 2019 ; and (2) in paragraph (3)(C), by striking January 1, 2015 each place it appears and inserting January 1, 2020 . 3. Retransmission consent negotiations (a) In general Section 325(b)(3)(C) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(3)(C) ) 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) prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station in the same local market (as defined in section 122(j) of title 17, United States Code) to grant retransmission consent under this section to a multichannel video programming distributor, unless such stations are directly or indirectly under common de jure control permitted under the regulations of the Commission. . (b) Margin correction Section 325(b)(3)(C) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(3)(C) ) is further amended by moving the margin of clause (iii) 4 ems to the left. (c) Deadline for regulations Not later than 9 months after the date of the enactment of this Act, the Commission shall promulgate regulations to implement the amendments made by this section. 4. Delayed application of JSA attribution rule in case of waiver petition In the case of a party to a joint sales agreement (as defined in Note 2(k) to section 73.3555 of title 47, Code of Federal Regulations) that is in effect on the effective date of the amendment to Note 2(k)(2) to such section made by the Further Notice of Proposed Rulemaking and Report and Order adopted by the Commission on March 31, 2014 (FCC 14–28), and who, not later than 90 days after the date of the enactment of this Act, submits to the Commission a petition for a waiver of the application to such agreement of the rule in such Note 2(k)(2) (as so amended), such party shall not be considered to be in violation of the ownership limitations of such section by reason of the application of such rule to such agreement until the later of— (1) the date that is 18 months after the date on which the Commission denies such petition; or (2) December 31, 2016. 5. Deletion or repositioning of stations during certain periods (a) In general Section 614(b)(9) of the Communications Act of 1934 ( 47 U.S.C. 534(b)(9) ) is amended by striking the second sentence. (b) Revision of rules Not later than 90 days after the date of the enactment of this Act, the Commission shall revise section 76.1601 of its rules (47 C.F.R. 76.1601) and any note to such section by removing the prohibition against deletion or repositioning of a local commercial television station during a period in which major television ratings services measure the size of audiences of local television stations. 6. Repeal of integration ban (a) No force or effect The second sentence of section 76.1204(a)(1) of title 47, Code of Federal Regulations, shall have no force or effect after the date of the enactment of this Act. (b) Removal from rules Not later than 180 days after the date of the enactment of this Act, the Commission shall complete all actions necessary to remove the sentence described in subsection (a) from its rules. 7. Report on communications implications of statutory licensing modifications (a) Study The Comptroller General of the United States shall conduct a study that analyzes and evaluates the changes to the carriage requirements currently imposed on multichannel video programming distributors under the Communications Act of 1934 (47 U.S.C. 151 et seq.) and the regulations promulgated by the Commission that would be required or beneficial to consumers, and such other matters as the Comptroller General considers appropriate, if Congress implemented a phase-out of the current statutory licensing requirements set forth under sections 111, 119, and 122 of title 17, United States Code. Among other things, the study shall consider the impact such a phase-out and related changes to carriage requirements would have on consumer prices and access to programming. (b) Report Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a), including any recommendations for legislative or administrative actions. Such report shall also include a discussion of any differences between such results and the results of the study conducted under section 303 of the Satellite Television Extension and Localism Act of 2010 (124 Stat. 1255). 8. Local network channel broadcast reports (a) Requirement (1) In general On the 270th day after the date of the enactment of this Act, and on each succeeding anniversary of such 270th day, each satellite carrier shall submit an annual report to the Commission setting forth— (A) each local market in which it— (i) retransmits signals of 1 or more television broadcast stations with a community of license in that market; (ii) has commenced providing such signals in the preceding 1-year period; and (iii) has ceased to provide such signals in the preceding 1-year period; and (B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market. (2) Termination The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph. (b) Definitions In this section— (1) the terms local market and satellite carrier have the meaning given such terms in section 339(d) of the Communications Act of 1934 (47 U.S.C. 339(d)); and (2) the term television broadcast station has the meaning given such term in section 325(b)(7) of the Communications Act of 1934 (47 U.S.C. 325(b)(7)). 9. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on the Judiciary of the Senate. (2) Commission The term Commission means the Federal Communications Commission.
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113-hr-4573
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I 113th CONGRESS 2d Session H. R. 4573 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Smith of New Jersey (for himself, Mrs. Ellmers , and Mr. Wolf ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect children from exploitation, especially sex trafficking in tourism, by providing advance notice of intended travel by registered child-sex offenders outside the United States to the government of the country of destination, requesting foreign governments to notify the United States when a known child-sex offender is seeking to enter the United States, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the International Megan’s Law to Prevent Demand for Child Sex Trafficking . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Angel Watch Center. Sec. 5. Authority to restrict passports. Sec. 6. Sense of Congress provisions. Sec. 7. Enhancing the minimum standards for the elimination of trafficking. Sec. 8. Assistance to foreign countries to meet minimum standards for the elimination of trafficking. Sec. 9. Rules of construction. 2. Findings Congress finds the following: (1) Megan Nicole Kanka, who was 7 years old, was abducted, sexually assaulted, and murdered in 1994, in the State of New Jersey by a violent predator living across the street from her home. Unbeknownst to Megan Kanka and her family, he had been convicted previously of a sex offense against a child. (2) In 1996, Congress adopted Megan’s Law ( Public Law 104–145 ) as a means to encourage States to protect children by identifying the whereabouts of sex offenders and providing the means to monitor their activities. (3) Law enforcement reports indicate that known child-sex offenders are traveling internationally, and that the criminal background of such individuals may not be known to local law enforcement prior to their arrival. (4) The commercial sexual exploitation of minors in child sex trafficking and pornography is a global phenomenon. The International Labour Organization has estimated that 1.8 million children worldwide are victims of child sex trafficking and pornography each year. (5) Child sex tourism, where an individual travels to a foreign country and engages in sexual activity with a child in that country, is a form of child exploitation and, where commercial, child sex trafficking. (6) According to research conducted by The Protection Project of The Johns Hopkins University Paul H. Nitze School of Advanced International Studies, sex tourists from the United States who target children form a significant percentage of child sex tourists in some of the most significant destination countries for child sex tourism. (7) In order to protect children, it is essential that United States law enforcement be able to identify child-sex offenders in the United States who are traveling abroad and child-sex offenders from other countries entering the United States. Such identification requires cooperative efforts between the United States and foreign governments. In exchange for providing notice of child-sex offenders traveling to the United States, foreign authorities will expect United States authorities to provide reciprocal notice of child-sex offenders traveling to their countries. 3. Definitions In this Act: (1) Appropriate congressional committees Except as otherwise provided, the term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Center The term Center means the Angel Watch Center established pursuant to section 4(a). (3) Child-sex offender (A) In general The term child-sex offender means a sex offender described in paragraph (2), (3), or (4) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16911 ) who is convicted of a child-sex offense. (B) Definition of convicted In this paragraph, the term convicted has the meaning given the term in paragraph (8) of section 111 of such Act. (4) Child-sex offense (A) In general The term child-sex offense means a specified offense against a minor as defined in paragraph (7) of section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16911 ), including— (i) an offense (unless committed by a parent or guardian) involving kidnapping; (ii) an offense (unless committed by a parent or guardian) involving false imprisonment; (iii) solicitation to engage in sexual conduct; (iv) use in a sexual performance; (v) solicitation to practice prostitution; (vi) video voyeurism as described in section 1801 of title 18, United States Code; (vii) possession, production, or distribution of child pornography; (viii) criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct; and (ix) any conduct that by its nature is a sex offense against a minor. (B) Foreign convictions A foreign conviction is not a child-sex offense for purposes of this Act to the same extent and in the same manner as a foreign conviction is not a sex offense for purposes of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911) as described in section 111(5)(B) of such Act. (5) Jurisdiction The term jurisdiction means any of the following: (A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided in, and subject to the requirements of, section 127 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16927 ), a federally recognized Indian tribe. (6) Minor The term minor means an individual who has not attained the age of 18 years. (7) Passport card The term passport card means a document issued by the Department of State pursuant to section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( Public Law 108–458 ; 8 U.S.C. 1185 note). 4. Angel Watch Center (a) Establishment Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish within the Child Exploitation Investigations Unit of United States Immigration and Customs Enforcement (ICE) of the Department of Homeland Security a Center, to be known as the Angel Watch Center , to carry out the activities specified in subsection (d). (b) Leadership The Center shall be headed by the Director of ICE, in collaboration with the Commissioner of United States Customs and Border Protection (CBP) and in consultation with the Attorney General. (c) Members The Center shall consist of the following: (1) The Director of ICE. (2) The Commissioner of CBP. (3) Individuals who are designated as analysts in ICE or CBP. (4) Individuals who are designated as program managers in ICE or CBP. (d) Activities (1) In general The Center shall carry out the following activities: (A) Receive information on travel by child-sex offenders. (B) Transmit notice of impending or current international travel by child-sex offenders to the Secretary of State, accompanied by an advisory regarding whether or not the period of validity of the passport of the child-sex offender should be limited to one year or such period of time as the Secretary of State shall determine appropriate. (C) Establish a system to maintain and archive all relevant information, including the response of destination countries to notifications under subsection (e) where available, and decisions not to transmit notification abroad. (D) Establish an annual review process to ensure that the Center is consistent in procedures to provide notification to destination countries or not to provide notification to destination countries, as appropriate. (2) Information required The United States Marshals Service’s National Sex Offender Targeting Office shall make available to the Center information on travel by child-sex offenders in a timely manner for purposes of carrying out the activities described in paragraph (1) and subsection (e). (e) Additional activity related to transmission of notice (1) In general The Center may transmit notice of impending or current international travel of child-sex offenders to the country or countries of destination of such child-sex offenders, including to the visa-issuing agent or agents in the United States of such country or countries, as follows: (A) The notice may be transmitted through such means as determined appropriate by the Center, including through an ICE attaché. (B) If the Center has reason to believe that transmission of the notice poses a risk to the life or well-being of the child-sex offender, the Center shall make every reasonable effort to issue a warning to the child-sex offender of such risk. (2) Sunset The authority of paragraph (1) shall terminate with respect to a child-sex offender beginning as of the close of the last day of the registration period of such child-sex offender under section 115 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16915 ). (f) Complaint review The Center shall establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries of such child-sex offenders under subsection (e). (g) Consultations The Center shall seek to engage in ongoing consultations with— (1) nongovernmental organizations, including faith-based organizations, that have experience and expertise in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking; (2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism; and (3) Internet service and software providers regarding available and potential technology to facilitate the implementation of an international sex offender travel notification system, both in the United States and in other countries. (h) Technical assistance The Secretary of Homeland Security and the Secretary of State may provide technical assistance to foreign authorities in order to enable such authorities to participate more effectively in the notification program system established under this section. 5. Authority to restrict passports (a) In general The Secretary of State is authorized to— (1) limit to 1 year or such period of time as the Secretary of State shall determine appropriate the period of validity of a passport issued to a child-sex offender; and (2) revoke the passport or passport card of an individual who has been convicted by a court of competent jurisdiction in a foreign country of a child-sex offense. (b) Limitation for return to united states Notwithstanding subsection (a), in no case shall a United States citizen convicted by a court of competent jurisdiction in a foreign country of a child-sex offense be precluded from entering the United States due to a passport revocation under such subsection. (c) Reapplication An individual whose passport or passport card was revoked pursuant to subsection (a)(2) may reapply for a passport or a passport card at any time after such individual has returned to the United States. (d) Time limitation The time limitation on validity or revocation of a passport or passport card under subsection (a) may not exceed the applicable registration period for the child-sex offender to register pursuant to section 115 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16915 ). 6. Sense of Congress provisions (a) Bilateral agreements It is the sense of Congress that the President should negotiate memoranda of understanding or other bilateral agreements with foreign governments to further the purposes of this Act and the amendments made by this Act, including by— (1) establishing systems to receive and transmit notices as required by title I of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ); and (2) establishing mechanisms for private companies and nongovernmental organizations to report on a voluntary basis suspected child pornography or exploitation to foreign governments, the nearest United States embassy in cases in which a possible United States citizen may be involved, or other appropriate entities. (b) Notification to the United States of child-Sex offenses committed abroad It is the sense of Congress that the President should formally request foreign governments to notify the United States when a United States citizen has been arrested, convicted, sentenced, or completed a prison sentence for a child-sex offense in the foreign country. 7. Enhancing the minimum standards for the elimination of trafficking Section 108(b)(4) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7106(b)(4) ) is amended by adding at the end before the period the following: , including cases involving nationals of that country who are suspected of engaging in severe forms of trafficking of persons in another country . 8. Assistance to foreign countries to meet minimum standards for the elimination of trafficking The President is strongly encouraged to exercise the authorities of section 134 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2152d ) to provide assistance to foreign countries directly, or through nongovernmental and multilateral organizations, for programs, projects, and activities, including training of law enforcement entities and officials, designed to establish systems to identify sex offenders and provide and receive notification of child sex offender international travel. 9. Rules of construction (a) Department of Justice Nothing in this Act shall be construed to preclude or alter the jurisdiction or authority of the Department of Justice under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ) or any other provision law, or to affect the work of the United States Marshals Service with INTERPOL. (b) Angel Watch Center Nothing in this Act shall be construed to preclude the Angel Watch Center from transmitting notice on sex offenders as defined in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16911 ).
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113-hr-4574
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I 113th CONGRESS 2d Session H. R. 4574 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Barber (for himself, Ms. DeGette , Mr. Tonko , Ms. Matsui , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , the Judiciary , Armed Services , Veterans’ Affairs , Education and the Workforce , 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 maximize the access of individuals with mental illness to community-based services, to strengthen the impact of such services, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Strengthening Mental Health in Our Communities 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. Purpose. Title I—White House Office of Mental Health Policy Sec. 101. White House Office of Mental Health Policy. Sec. 102. Appointment and duties of the Director. Sec. 103. National strategy for mental health. Sec. 104. Coordination with Federal departments and agencies. Sec. 105. National mental health advisory board. Title II—Strengthening and Investing in SAMHSA Programs Sec. 201. Community mental health services block grant reauthorization. Sec. 202. Reporting requirements for block grants regarding mental health and substance use disorders. Sec. 203. Garrett Lee Smith Memorial Act reauthorization. Sec. 204. Priority mental health needs of regional and national significance reauthorization. Sec. 205. Grants for jail diversion programs reauthorization. Sec. 206. Projects for assistance in transition from homelessness. Sec. 207. Comprehensive community mental health services for children with serious emotional disturbances. Sec. 208. Children's recovery from trauma. Sec. 209. Protection and advocacy for individuals with mental illness reauthorization. Sec. 210. Mental health awareness training grants. Sec. 211. National media campaign to reduce the stigma associated with mental illness. Sec. 212. SAMHSA and HRSA integration of behavioral health services into primary care settings. Sec. 213. Geriatric mental health disorders. Sec. 214. Assessing barriers to behavioral health integration. Sec. 215. Acute care bed registry grant for States. Sec. 216. Awards for co-locating primary and specialty care in community-based mental health settings. Sec. 217. Grants for the benefit of homeless individuals. Title III—Improving Medicaid and Medicare Mental Health Services Sec. 301. Access to mental health prescription drugs under Medicare. Sec. 302. Medicaid coverage of mental health services and primary care services furnished on the same day. Sec. 303. Elimination of 190-day lifetime limit on inpatient psychiatric hospital services. Sec. 304. Expanding the Medicaid home and community-based services waiver to include youth in need of services provided in a psychiatric residential treatment facility. Sec. 305. Application of Rosa's Law for individuals with intellectual disabilities. Sec. 306. Complete application of mental health and substance use parity rules under Medicaid and CHIP. Sec. 307. Coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program. Title IV—Developing the Behavioral Health Workforce Sec. 401. National health service corps scholarship and loan repayment funding for behavioral and mental health professionals. Sec. 402. Reauthorization of HRSA’s mental and behavioral health education and training program. Sec. 403. SAMHSA grant program for development and implementation of curricula for continuing education on serious mental illness. Sec. 404. Demonstration grant program to recruit, train, deploy, and professionally support psychiatric physicians in Indian health programs. Sec. 405. Including occupational therapists as behavioral and mental health professionals for purposes of the National Health Service Corps. Sec. 406. Extension of certain health care workforce loan repayment programs through fiscal year 2019. Title V—Improving Mental Health Research and Coordination Sec. 501. National Institute of Mental Health research program on serious mental illness and suicide prevention. Sec. 502. Youth mental health research network. Sec. 503. National violent death reporting system. Title VI—Education and Youth Sec. 601. School-based mental health programs. Sec. 602. Examining mental health care for children. Title VII—Justice and Mental Health Collaboration Sec. 701. Assisting veterans. Sec. 702. Correctional facilities. Sec. 703. High utilizers. Sec. 704. Academy training. Sec. 705. Evidence-based practices. Sec. 706. Safe communities. Sec. 707. Reauthorization of appropriations. Title VIII—Behavioral Health Information Technology Sec. 801. Extension of health information technology assistance for behavioral and mental health and substance abuse. Sec. 802. Extension of eligibility for Medicare and Medicaid health information technology implementation assistance. Title IX—Servicemembers and Veterans Mental Health Sec. 901. Preliminary mental health assessments. Sec. 902. Unlimited eligibility for health care for mental illnesses for veterans of combat service during certain periods of hostilities and war. Sec. 903. Timeline for implementing integrated electronic health records. Sec. 904. Pilot program for repayment of educational loans for certain psychiatrists of Veterans Health Administration. Title X—Making Parity Work Sec. 1001. GAO study on mental health and substance use disorder parity enforcement efforts. Sec. 1002. Report to Congress on Federal assistance to State insurance regulators regarding mental health parity enforcement. Sec. 1003. Annual report to Congress by Secretaries of Labor and Health and Human Services. 2. Purpose The purposes of this Act are— (1) to improve the responsiveness, coordination, accountability, accessibility, and integration of person-centered behavioral health services to provide timely and appropriate help to individuals, families, and communities; (2) to reduce mental health crises, homelessness, and incarceration by strengthening community-based services, including early intervention, outreach, engagement, prevention, crisis support, rehabilitation, and peer-run services for persons of all ages; (3) to ensure that all Americans with mental illnesses and their families can— (A) gain access to evidence-based and emerging best practices based on the values and principles of trauma-informed care and mental health recovery, delivered in a culturally and linguistically competent manner; and (B) fully participate in the most integrated settings within their chosen communities; (4) to develop an integrated behavioral health workforce through improved training and education, recruitment, and retention to meet the needs of all communities and populations; (5) to increase mental health awareness and reduce stigma and discrimination through mental health training, education, and literacy; and (6) to ensure the full implementation and enforcement of mental health parity for all Americans. I White House Office of Mental Health Policy 101. White House Office of Mental Health Policy (a) Establishment of office There is established in the Executive Office of the President the White House Office of Mental Health Policy (hereafter referred to as the Office ), which shall— (1) monitor Federal activities with respect to mental health, serious mental illness, and serious emotional disturbances; (2) make recommendations to the Secretary of Health and Human Services regarding any appropriate changes to such activities, including recommendations with respect to the national strategy developed under paragraph (3); (3) develop and annually update a National Strategy for Mental Health to maximize the access of individuals with mental illness to community-based services, strengthen the impact of such services, and meet the comprehensive needs of individuals with mental illness; (4) make recommendations to the Secretary of Health and Human Services regarding public participation in decisions relating to mental health, serious mental illness, and serious emotional disturbances; (5) review and make recommendations with respect to the budgets for Federal mental health services to ensure the adequacy of those budgets; (6) submit to the Congress the national strategy and any updates to such strategy; (7) coordinate the mental health services provided by Federal departments and agencies and coordinate Federal interagency mental health services; (8) consult, coordinate with, facilitate joint efforts among, and support State, local, and tribal governments, nongovernmental entities, and individuals with a mental illness, particularly individuals with a serious mental illness and children and adolescents with a serious emotional disturbance, with respect to improving community-based and other mental health services; and (9) develop and annually update a summary of advances in serious mental illness and serious emotional disturbances research related to causes, prevention, treatment, early screening, diagnosis or rule out, intervention, and access to services and supports for individuals with serious mental illness and children and adolescents with a serious emotional disturbance. (b) Director There shall be a Director who shall head the Office (hereafter referred to as the Director ) and who shall hold the same rank and status as the head of an executive department listed in section 101 of title 5, United States Code. (c) Access by congress The location of the Office in the Executive Office of the President shall not be construed as affecting access by Congress, or any committee of the House of Representatives or the Senate, to any— (1) information, document, or study in the possession of, or conducted by or at the direction of, the Director; or (2) personnel of the Office. 102. Appointment and duties of the Director (a) Appointment (1) In general The President shall appoint the Director, by and with the advice and consent of the Senate. The Director shall serve at the pleasure of the President. (2) Prohibition No person shall serve as Director while serving in any other position in the Federal Government or while employed in a full-time position outside of the Federal Government. (b) Responsibilities The Director shall— (1) assist the President— (A) to establish policies, goals, objectives, and priorities with respect to mental health, particularly serious mental illness and serious emotional disturbances; (B) to maximize the access of individuals with mental illness to community-based services; (C) to strengthen the impact of such services; and (D) to meet the comprehensive needs of individuals with mental illness; (2) work with Federal departments and agencies providing mental health services to strengthen the coordination of mental health services in order to maximize the access of individuals with a mental illness, particularly individuals with a serious mental illness and children and adolescents with a serious emotional disturbance, to community-based services, strengthen the impact of services, and meet the comprehensive needs of individuals with a mental illness; (3) coordinate and oversee the development, coordination, implementation, and evaluation of the National Strategy for Mental Health; (4) promulgate the National Strategy for Mental Health, ensuring its wide availability to government officials and the public; (5) make such recommendations to the President as the Director determines are appropriate with respect to the organization, management, and budgets of Federal departments and agencies providing mental health services, including changes in the allocation of personnel to and within those departments and agencies to implement the policies, goals, objectives, and priorities established under paragraph (1) and the National Strategy for Mental Health; (6) consult, coordinate with, facilitate joint efforts among, and support State, local, and tribal governments, nongovernmental entities, and individuals with a mental illness, particularly individuals with a serious mental illness and children and adolescents with a serious emotional disturbance, with respect to improving mental health services; (7) appear before duly constituted committees and subcommittees of the House of Representatives and of the Senate to represent the policies of the President related to mental health and serve as the spokesperson of the President, if the President determines it appropriate, on issues related to mental health, and the National Strategy for Mental Health; (8) submit an annual report to Congress detailing how the Director has consulted and coordinated with the National Mental Health Council described in section 104(d), the National Mental Health Advisory Board described in section 105, State, local, and tribal governments, nongovernmental entities, and individuals with a mental illness, particularly individuals with a serious mental illness and children and adolescents with a serious emotional disturbance; and (9) ensure the Office meets each of its responsibilities under this title. (c) Budget review and recommendations (1) Review of budget requests Each department or agency of the Federal Government providing mental health services and benefits shall transmit each year to the Director a copy of the proposed budget request of that department or agency with respect to mental health services and benefits at a time not later than that department or agency’s submitting of such budget request to the Office of Management and Budget for preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. The proposed budget request shall be transmitted to the Director in such form as the Director, in consultation with the Office of Management and Budget, determines appropriate. (2) Recommendations with respect to budget requests After the receipt of proposed budget requests pursuant to paragraph (1), the Director shall provide budget recommendations with respect to Federal mental health services and benefits to the Director of the Office of Management and Budget and to the President at a time that allows such recommendations to be incorporated, as appropriate, into the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. The recommendations shall address funding priorities developed in the National Strategy for Mental Health and shall address future fiscal projections as determined by the Director. (d) Powers of the Director In carrying out this title, the Director may— (1) select, appoint, employ, and fix the compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office under this title; (2) request the head of a department or agency of the Federal Government to place department or agency personnel who are engaged in activities with respect to mental health, on temporary detail to another department or agency in order to implement the National Strategy for Mental Health, and the head of such department or agency shall comply with such request; (3) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, local, and tribal departments and agencies; (4) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of title 5, United States Code; (5) use the mails in the same manner as any other department or agency of the executive branch; and (6) monitor implementation of the National Strategy for Mental Health, including— (A) conducting program and performance audits and evaluations; and (B) requesting assistance from the Inspector General of the relevant department or agency in such audits and evaluations. 103. National strategy for mental health (a) In general Not later than February 1 of each year, the Director shall submit to the President and Congress and make available to the public a National Strategy for Mental Health (in this title referred to as the National Strategy for Mental Health or the Strategy ) setting forth a comprehensive plan to maximize the access of individuals with mental illness to community-based services, to strengthen the impact of such services, and to meet the comprehensive needs of individuals with mental illness. (b) Process In preparing the Strategy, the Director shall actively consult and work in coordination with the following: (1) The heads of all Federal departments and agencies that provide mental health services. (2) The National Mental Health Council. (3) The National Mental Health Advisory Board. (4) Existing Federal interagency efforts related to mental health services, such as the Military and Veterans Mental Health Interagency Task Force. (5) State, local, and tribal governments. (6) Nongovernmental entities. (7) Individuals with mental illness, particularly individuals with a serious mental illness and children and adolescents with a serious emotional disturbance. (c) Contents The Director shall ensure the Strategy meets the following requirements: (1) Goals and performance measures The Strategy shall contain comprehensive, research-based goals and quantifiable performance measures that shall serve as targets for the year with respect to which the Strategy applies for— (A) improving the outcomes of and accessibility to evidence-based mental programs and services; (B) promoting community integration of individuals with mental illness; (C) increasing access to prevention and early intervention services related to mental health; (D) promoting mental health awareness and reducing stigma; and (E) advancing mental health research. (2) Accountability for past performance measures The Strategy shall contain a report on Federal effectiveness with respect to meeting those performance measures set by the Strategy for the preceding year, including an evaluation of whether or not such performance measures were met and the reasons therefore, including— (A) the extent of coordination between Federal departments and agencies providing mental health services; (B) the extent to which the objectives and budgets of Federal departments and agencies providing mental health services were consistent with the recommendations of the Strategy for the preceding year; and (C) the efficiency and adequacy of Federal programs and policies with respect to mental health services. (3) Reporting on and identifying gaps in mental health services The Strategy shall contain a report on— (A) the mental health diagnoses, disaggregated by age, race, gender, geographic distribution, population density, socioeconomic status, and other target populations determined necessary for inclusion by the Director; (B) the quality and quantity of mental health services, including community-based services, for individuals with mental illness, disaggregated by age, race, gender, geographic distribution, population density, socioeconomic status, and other target populations determined necessary for inclusion by the Director; and (C) the size and allocation of Federal resources devoted to supporting individuals with mental illness, particularly serious mental illness, and children and adolescents with a serious emotional disturbance, disaggregated by age, race, gender, geographic distribution, population density, socioeconomic status, and other target populations determined necessary for inclusion by the Director. (4) Coordination efforts The Strategy shall contain a report on Federal efforts to consult, coordinate with, facilitate joint efforts among, and support State, local, and tribal governments, nongovernmental entities, and individuals with mental illness, particularly serious mental illness, and children and adolescents with a serious emotional disturbance, including an evaluation of the effectiveness of those efforts. (5) Guidance The Strategy shall contain research-based guidance for assessing and improving the quality of mental health services that is responsive to gaps identified in community-based and other mental health services, particularly for individuals with a serious mental illness and children and adolescents with a serious emotional disturbance. (6) Mental health advocates and perspectives The Strategy shall contain the views and perspectives of individuals with mental illness, particularly individuals with serious mental illness and children and adolescents with a serious emotional disturbance, with respect to mental health services as prepared by the National Mental Health Advisory Board. (7) Strategic plan The Strategy shall contain a plan to achieve the goals and performance measures set for the year with respect to which the Strategy applies, including the following: (A) Program and budget priorities necessary to achieve the performance measures. (B) Recommendations for improved Federal interagency coordination, such as shared grant application processes, grantee reporting requirements, training and technical assistance efforts, definitions, recipient eligibility requirements, research, evaluation efforts, and data collection, and recommendations for legislative changes necessary to achieve such interagency coordination and to facilitate the delivery of a comprehensive array of mental health services. (C) Recommendations for improved coordination between the Federal Government and State, local, and tribal governments, nongovernmental entities, and individuals with mental illness, particularly individuals with serious mental illness and children and adolescents with a serious emotional disturbance. (D) A strategic research, innovation, and demonstration agenda to guide the use of Federal research spending with respect to mental illness, particularly serious mental illness. (E) Recommendations to promote community integration of individuals with mental illness, consistent with the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, and the Supreme Court’s decision in Olmstead v. L.C. (F) Recommendations to enhance prevention and early intervention services for children and adolescents with mental illness. (G) Recommendations concerning ways to ensure appropriate access to intensive community-based services for Medicaid beneficiaries. (8) Additional reports The Strategy shall contain additional reports the Director determines necessary, such as reports on the unmet needs of individuals with mental illness, international comparisons of mental health services and outcomes, or the status of implementation and enforcement of mental health parity. 104. Coordination with Federal departments and agencies (a) Federal department and agency cooperation Each department or agency of the Federal Government providing mental health services shall— (1) cooperate with the efforts of the Director under this title; (2) provide such assistance, statistics, studies, reports, information, and advice as the Director may request, to the extent permitted by law; (3) adjust department or agency staff job descriptions and performance measures to support collaboration and implementation of the Strategy; and (4) assign department or agency liaisons to the Office to oversee and implement interagency coordination. (b) Interagency alignment The Director, in collaboration with the heads of Federal departments and agencies providing mental health services, shall strengthen the coordination of Federal mental health services in order to maximize the access of individuals with mental illness, particularly individuals with serious mental illness, to community-based mental health services, strengthen the impact of mental health services, and meet the comprehensive needs of individuals with mental illness, particularly individuals with serious mental illness and children and adolescents with a serious emotional disturbance, by, where appropriate— (1) facilitating the development of shared grant application processes; (2) offering joint training and technical assistance efforts; (3) improving opportunities for individuals with mental illness to maintain services as they transition from systems of care; (4) aligning— (A) grantee reporting requirements; (B) definitions; (C) eligibility requirements; (D) research; (E) evaluation efforts; and (F) data collection; (5) making recommendations with respect to the legislative changes necessary to achieve the interagency alignment and coordination necessary to facilitate the delivery of a comprehensive array of mental health services; and (6) taking other steps necessary to improve collaboration between Federal departments and agencies providing mental health services. (c) Joint funding and coordination (1) In general The Director, in consultation with the heads of Federal departments and agencies, may oversee the development and administration of initiatives involving multiple Federal departments and agencies, including initiatives that involve the integration of funding from different Federal departments and agencies to the extent permitted by law. (2) Administration of funds With respect to an initiative that involves the integration of funding from different Federal departments and agencies, the Federal department or agency principally involved in such an initiative, as determined by the Director, may be designated by the Director to act for all involved departments or agencies in administering funds for the initiative to the extent permitted by law. (3) Nongovernmental entities Initiatives developed under this subsection may involve nongovernmental entities to the extent permitted by law. (d) National mental health council (1) Establishment There is established within the Office the National Mental Health Council (hereinafter referred to in this title as the Council ). (2) Members and terms The members of the Council shall include— (A) the President; (B) the Director; (C) the Secretary of Health and Human Services; (D) the Director of the National Institute of Mental Health; (E) the Attorney General of the United States; (F) the Secretary of Veterans Affairs; (G) the Assistant Secretary–Indian Affairs of the Department of the Interior; (H) the Director of the Centers for Disease Control and Prevention; (I) the Director of the National Institutes of Health; (J) the directors of such national research institutes of the National Institutes of Health as the Director determines appropriate; (K) representatives, appointed by the Director, of Federal agencies that are outside of the Department of Health and Human Services and serve individuals with mental illness, such as the Department of Education; (L) the Administrator of Substance Abuse and Mental Health Services Administration; (M) the Secretary of Defense; and (N) other Federal officials as directed by the President. (3) Chairperson The Chairperson of the Council shall be the President. (4) Designees Members of the Council may select a designee to perform duties under this subsection, but it is the sense of Congress that such members should refrain from doing so whenever possible. (5) Meetings (A) In general The full membership of the Council shall meet at the call of the Chairperson, but at least once each year. The Chairperson may call additional meetings composed of less than the full membership of the Council as needed. (B) First meeting The first meeting of the Council shall be not more than four months after the date of the enactment of this title. (C) Inclusion of the national mental health advisory board At least two meetings of the Council each year shall be opened to the participation of members of the National Mental Health Advisory Board. (6) Responsibilities The Council shall— (A) assist the Director to coordinate the mental health services provided by Federal departments and agencies and to coordinate Federal interagency mental health services; (B) assist the Director in the development, coordination, implementation, evaluation, and promulgation of the Strategy; (C) assist the Director in soliciting and documenting ongoing input and recommendations with respect to mental health services and mental health outcomes from State, local, and tribal governments, nongovernmental entities, and individuals with mental illness, particularly individuals with serious mental illness and children and adolescents with a serious emotional disturbance; and (D) ensure that members of the Council oversee the implementation of those sections of the Strategy for which each such member’s department or agency is responsible, as determined by the Director, and to report to the Director on such implementation and the results thereof. 105. National mental health advisory board (a) Establishment There is established within the Office the National Mental Health Advisory Board (hereinafter referred to in this title as the Board ). (b) Members and terms (1) In general Except as provided in paragraph (3), each member shall serve a two-year term. No member shall serve more than three terms. The Board shall be composed of non-Federal public members to be appointed by the Director, of which— (A) at least eight such members, or 1/3 of total membership, whichever is greater, shall be individuals with a diagnosis of serious mental illness; (B) at least six such members, or 1/4 of total membership, whichever is greater, shall be a parent or legal guardian of an individual with a serious mental illness or a child or adolescent with a serious emotional disturbance; (C) at least one such member shall be a representative of a leading research organization for individuals with serious mental illness; (D) at least one such member shall be a representative of a leading advocacy organization for individuals with serious mental illness; (E) at least one such member shall be a representative of a leading community service organization for individuals with serious mental illness; (F) at least one member shall have served in a senior position in a State mental health system; (G) at least one member shall have served in a senior position in a local mental health system; (H) at least one member shall be a psychiatrist; (I) at least one member shall be a clinical psychologist; (J) at least one member shall be a law enforcement officer; (K) at least one such member shall be a representative of a leading veterans service organization; and (L) at least one such member shall be a child or adolescent psychiatrist. (2) Selection process for the initial membership of the board The Director shall design an application and selection process to fill the initial membership of the Board. Political affiliation or views may not be taken into account in such application and selection process and relatives of elected officials shall not be eligible for membership. (3) Selection process for membership of the board following the initial membership The initial membership of the Board shall design an application and selection process to fill the membership of the Board for those terms following the term of the initial membership. Such application and selection process shall ensure that Board members select the membership that will follow that Board membership’s term and, notwithstanding the two-year term requirement in paragraph (1), such application process shall ensure that not more than half of the terms of Board members expire in a given year. (4) Chairperson The initial membership of the Board shall elect two members as co-chairs of the Board. Co-chairs shall serve a term of one year and the Board shall elect new co-chairs as vacancies arise. (c) Meetings The Board shall meet in person not fewer than four times each year. The Director shall request senior Federal Government officials to attend each of the four meetings, including requesting that the Council attend one of the four meetings. The co-chairs of the Board may call additional meetings online and by telephone as determined necessary by the co-chairs. (d) Duties The Board shall— (1) advise the President, the heads of Federal departments and agencies providing mental health services, and other senior Federal Government officials on proposed and pending legislation, budget expenditures, and other policy matters with respect to mental illness, particularly serious mental illness and children and adolescents with a serious emotional disturbance; (2) work in partnership with local organizations to solicit the views and perspectives of individuals with mental illness, particularly individuals with serious mental illness, and parents or legal guardians of individuals with mental illness, with respect to mental health services; (3) prepare a section of the Strategy outlining the views and perspectives of individuals with mental illness, particularly individuals with serious mental illness and children and adolescents with a serious emotional disturbance, with respect to mental health services; and (4) provide the Director evaluations of the staff support and training and technical assistance the Board has received. (e) Procedures The membership of the Board shall, in consultation with the Director, determine the procedures of the Board. II Strengthening and Investing in SAMHSA Programs 201. Community mental health services block grant reauthorization Section 1920(a) of the Public Health Service Act ( 42 U.S.C. 300x–9(a) ) is amended by striking $450,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 and 2003 and inserting $483,744,000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2019 . 202. Reporting requirements for block grants regarding mental health and substance use disorders Section 1942 of the Public Health Service Act ( 42 U.S.C. 300x–52 ) is amended to read as follows: 1942. Requirement of reports and audits by States (a) Annual report A funding agreement for a grant under section 1911 is that— (1) the State involved will prepare and submit to the Secretary an annual report on the activities funded through the grant; and (2) each such report shall be prepared by, or in consultation with, the State agency responsible for community mental health programs and activities. (b) Standardized form; contents In order to properly evaluate and to compare the performance of different States assisted under section 1911, reports under this section shall be in such standardized form and contain such information as the Secretary determines (after consultation with the States) to be necessary— (1) to secure an accurate description of the activities funded through the grant under section 1911; (2) to determine the extent to which funds were expended consistent with the State’s application transmitted under section 1917(a); and (3) to describe the extent to which the State has met the goals and objectives it set forth in its State plan under section 1912(b). (c) Minimum contents Each report under this section shall, at a minimum, include the following information: (1) (A) The number of individuals served by the State under subpart I (by class of individuals). (B) The proportion of each class of such individuals which has health coverage. (C) The types of services (as defined by the Secretary) provided under subpart I to individuals within each such class. (D) The amounts spent under subpart I on each type of service (by class of individuals served). (2) Information on the status of mental health in the State, including information (by county and by racial and ethnic group) on each of the following: (A) The proportion of adolescents with serious emotional disturbances. (B) The proportion of adults with serious mental illness (including major depression). (C) The proportion of individuals with co-occurring mental health and substance use disorders. (D) The proportion of children and adolescents with mental health disorders who seek and receive treatment. (E) The proportion of adults with mental health disorders who seek and receive treatment. (F) The proportion of individuals with co-occurring mental health and substance use disorders who seek and receive treatment. (G) The proportion of homeless adults with mental health disorders who receive treatment. (H) The number of primary care facilities that provide mental health screening and treatment services onsite or by paid referral. (I) The number of primary care physician office visits that include mental health screening services. (J) The number of juvenile residential facilities that screen admissions for mental health disorders. (K) The number of deaths attributable to suicide. (3) Information on the number and type of health care practitioners licensed in the State and providing mental health-related services. (d) Availability of reports The Secretary shall, upon request, provide a copy of any report under this section to any interested public agency. . 203. Garrett Lee Smith Memorial Act reauthorization (a) Suicide prevention technical assistance center Section 520C of the Public Health Service Act ( 42 U.S.C. 290bb–34 ) is amended— (1) in the section heading, by striking the section heading and inserting Suicide prevention technical assistance center. ; (2) in subsection (a), by striking and in consultation with and all that follows through the period at the end of paragraph (2) and inserting shall establish a research, training, and technical assistance resource center to provide appropriate information, training, and technical assistance to States, political subdivisions of States, federally recognized Indian tribes, tribal organizations, institutions of higher education, public organizations, or private nonprofit organizations regarding the prevention of suicide among all ages, particularly among groups that are at high risk for suicide. ; (3) by striking subsections (b) and (c); (4) by redesignating subsection (d) as subsection (b); (5) in subsection (b), as so redesignated— (A) by striking the subsection heading and inserting Responsibilities of the center. ; (B) in the matter preceding paragraph (1), by striking The additional research and all that follows through nonprofit organizations for and inserting The center established under subsection (a) shall conduct activities for the purpose of ; (C) by striking youth suicide each place such term appears and inserting suicide ; (D) in paragraph (1)— (i) by striking the development or continuation of and inserting developing and continuing ; and (ii) by inserting for all ages, particularly among groups that are at high risk for suicide before the semicolon at the end; (E) in paragraph (2), by inserting for all ages, particularly among groups that are at high risk for suicide before the semicolon at the end; (F) in paragraph (3), by inserting and tribal after statewide ; (G) in paragraph (5), by inserting and prevention after intervention ; (H) in paragraph (8), by striking in youth ; (I) in paragraph (9), by striking and behavioral health and inserting health and substance use disorder ; and (J) in paragraph (10), by inserting conducting before other ; and (6) by striking subsection (e) and inserting the following: (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $4,948,000 for each of fiscal years 2015 through 2019. . (b) Youth suicide early intervention and prevention strategies Section 520E of the Public Health Service Act ( 42 U.S.C. 290bb–36 ) is amended— (1) in paragraph (1) of subsection (a) and in subsection (c), by striking substance abuse each place such term appears and inserting substance use disorder ; (2) in subsection (b)(2)— (A) by striking each State is awarded only 1 grant or cooperative agreement under this section and inserting a State does not receive more than 1 grant or cooperative agreement under this section at any 1 time ; and (B) by striking been awarded and inserting received ; and (3) by striking subsection (m) and inserting the following: (m) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $29,682,000 for each of fiscal years 2015 through 2019. . (c) Mental health and substance use disorder services Section 520E–2 of the Public Health Service Act ( 42 U.S.C. 290bb–36b ) is amended— (1) in the section heading, by striking and behavioral health and inserting health and substance use disorder services ; (2) in subsection (a)— (A) by striking Services, and inserting Services and ; (B) by striking and behavioral health problems and inserting health or substance use disorders ; and (C) by striking substance abuse and inserting substance use disorders ; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking for— and inserting for one or more of the following: ; and (B) by striking paragraphs (1) through (6) and inserting the following: (1) Educating students, families, faculty, and staff to increase awareness of mental health and substance use disorders. (2) The operation of hotlines. (3) Preparing informational material. (4) Providing outreach services to notify students about available mental health and substance use disorder services. (5) Administering voluntary mental health and substance use disorder screenings and assessments. (6) Supporting the training of students, faculty, and staff to respond effectively to students with mental health and substance use disorders. (7) Creating a network infrastructure to link colleges and universities with health care providers who treat mental health and substance use disorders. ; (4) in subsection (c)(5), by striking substance abuse and inserting substance use disorder ; (5) in subsection (d)— (A) in the matter preceding paragraph (1), by striking An institution of higher education desiring a grant under this section and inserting To be eligible to receive a grant under this section, an institution of higher education ; (B) in paragraph (1)— (i) by striking and behavioral health and inserting health and substance use disorder ; and (ii) by inserting , including veterans whenever possible and appropriate, after students ; and (C) in paragraph (2), by inserting , which may include, as appropriate and in accordance with subsection (b)(7), a plan to seek input from relevant stakeholders in the community, including appropriate public and private entities, in order to carry out the program under the grant before the period at the end; (6) in subsection (e)(1), by striking and behavioral health problems and inserting health and substance use disorders ; (7) in subsection (f)(2)— (A) by striking and behavioral health and inserting health and substance use disorder ; and (B) by striking suicide and substance abuse and inserting suicide and substance use disorders ; and (8) in subsection (h), by striking $5,000,000 for fiscal year 2005 and all that follows through the period at the end and inserting $4,858,000 for each of fiscal years 2015 through 2019. . 204. Priority mental health needs of regional and national significance reauthorization Section 520A(f)(1) of the Public Health Service Act ( 42 U.S.C. 290bb–32(f)(1) ) is amended by striking $300,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 and 2003 and inserting $216,632,000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2019 . 205. Grants for jail diversion programs reauthorization Section 520G(i) of the Public Health Service Act ( 42 U.S.C. 290bb–38(i) ) is amended by striking $10,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal years 2002 through 2003 and inserting $4,280,000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2019 . 206. Projects for assistance in transition from homelessness Section 535(a) of the Public Health Service Act ( 42 U.S.C. 29cc–35(a) ) is amended by striking $75,000,000 for each of the fiscal years 2001 through 2003 and inserting $64,800,000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2019 . 207. Comprehensive community mental health services for children with serious emotional disturbances Section 565 of the Public Health Service Act ( 42 U.S.C. 290ff–4 ) is amended— (1) in subsection (b)(1), by striking receiving a grant under section 561(a) and inserting (irrespective of whether the public entity is in receipt of a grant under section 561(a)) ; (2) in subsection (b)(1)(B), by striking planning, development, and operation of systems of care pursuant to section 562 and inserting planning, development, and operation of systems of care described in section 562 ; and (3) in subsection (f)(1), by striking $100,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 and 2003 and inserting $117,315,000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2019 . 208. Children's recovery from trauma Section 582 of the Public Health Service Act ( 42 U.S.C. 290hh–1 ) is amended— (1) in subsection (a), by striking developing programs and all that follows and inserting “developing and maintaining programs that provide for— (1) the continued operation of the National Child Traumatic Stress Initiative (referred to in this section as the NCTSI ), which includes a coordinating center, that focuses on the mental, behavioral, and biological aspects of psychological trauma response; and (2) the development of knowledge with regard to evidence-based practices for identifying and treating mental, behavioral, and biological disorders of children and youth resulting from witnessing or experiencing a traumatic event. ; (2) in subsection (b)— (A) by striking subsection (a) related and inserting subsection (a)(2) (related ; (B) by striking treating disorders associated with psychological trauma and inserting treating mental, behavioral, and biological disorders associated with psychological trauma) ; and (C) by striking mental health agencies and programs that have established clinical and basic research and inserting universities, hospitals, mental health agencies, and other programs that have established clinical expertise and research ; (3) by redesignating subsections (c) through (g) as subsections (g) through (k), respectively; (4) by inserting after subsection (b), the following: (c) Child outcome data The NCTSI coordinating center shall collect, analyze, and report NCTSI-wide child treatment process and outcome data regarding the early identification and delivery of evidence-based treatment and services for children and families served by the NCTSI grantees. (d) Training The NCTSI coordinating center shall facilitate the coordination of training initiatives in evidence-based and trauma-informed treatments, interventions, and practices offered to NCTSI grantees, providers, and partners. (e) Dissemination The NCTSI coordinating center shall, as appropriate, collaborate with the Secretary in the dissemination of evidence-based and trauma-informed interventions, treatments, products and other resources to appropriate stakeholders. (f) Review The Secretary shall, consistent with the peer review process, ensure that NCTSI applications are reviewed by appropriate experts in the field as part of a consensus review process. The Secretary shall include review criteria related to expertise and experience in child trauma and evidence-based practices. ; (5) in subsection (g) (as so redesignated), by striking with respect to centers of excellence are distributed equitably among the regions of the country and inserting are distributed equitably among the regions of the United States ; (6) in subsection (i) (as so redesignated), by striking recipient may not exceed 5 years and inserting recipient shall not be less than 4 years, but shall not exceed 5 years ; and (7) in subsection (j) (as so redesignated), by striking $50,000,000 and all that follows through 2006 and inserting $45,714,000 for each of fiscal years 2015 through 2019 . 209. Protection and advocacy for individuals with mental illness reauthorization Section 117 of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10827) is amended by striking $19,500,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 2003 and inserting $36,238,000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2019 . 210. Mental health awareness training grants Section 520J of the Public Health Service Act ( 42 U.S.C. 290bb–41 ) is amended— (1) in the section heading, by inserting Mental health awareness before Training ; and (2) in subsection (b)— (A) in the subsection heading, by striking illness and inserting health ; (B) in paragraph (1), by inserting , and other categories of individuals listed in paragraph (2), after emergency services personnel ; and (C) by striking paragraph (2) and inserting the following: (2) Categories of individuals to be trained The categories of individuals listed in this paragraph are the following: (A) Emergency services personnel and other first responders. (B) Police officers and other law enforcement personnel. (C) Teachers and school administrators. (D) Human resources professionals. (E) Faith community leaders. (F) Nurses and other primary care personnel. (G) Students enrolled in an elementary school, a secondary school, or an institution of higher education. (H) The parents of students described in subparagraph (G). (I) Veterans. (J) Other individuals, audiences, or training populations as determined appropriate by the Secretary. ; (D) in paragraph (5)— (i) in the matter preceding subparagraph (A), by striking to and inserting for evidence-based programs for the purpose of ; and (ii) by striking subparagraphs (A) through (C) and inserting the following: (A) recognizing the signs and symptoms of mental illness; and (B) (i) providing education to personnel regarding resources available in the community for individuals with a mental illness and other relevant resources; or (ii) the safe de-escalation of crisis situations involving individuals with a mental illness. ; and (E) in paragraph (7), by striking , $25,000,000 and all that follows through the period at the end and inserting $20,000,000 for each of fiscal years 2014 through 2018 . 211. National media campaign to reduce the stigma associated with mental illness Subpart 3 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb–31 et seq. ) is amended by adding at the end the following new section: 520L. National media campaign to reduce the stigma associated with mental illness (a) Scope of the campaign The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall provide for the production, broadcasting, and evaluation of a national media public service campaign to reduce the stigma associated with mental illness. Such campaign shall seek to reach as wide and diverse an audience as possible and shall particularly target the population between the ages of 16 and 24 years of age. (b) Report The Secretary shall provide a report to the Congress annually detailing— (1) the production, broadcasting, and evaluation of the campaign under subsection (a); and (2) the effectiveness of the campaign in reducing the stigma associated with mental illness, as measured using such methods as public attitude surveys and mental health services utilization statistics. (c) Consultation requirement In carrying out this section, the Secretary shall ensure that mental health professionals and patient advocates are consulted in carrying out the media campaign under this section. The progress of this consultative process is to be covered in the report under subsection (b). (d) Authorization of appropriations There are authorized to be appropriated to carry out this section, $10,000,000 for each of the fiscal years 2015 through 2019. . 212. SAMHSA and HRSA integration of behavioral health services into primary care settings Title V of the Public Health Service Act is amended by inserting after section 520K (42 U.S.C. 290bb–42) the following: 520K–1. Awards for co-locating behavioral health services in primary care settings (a) Program authorized The Secretary, acting through the Administrators of the Substance Abuse and Mental Health Services Administration and the Health Resources and Services Administration, shall award grants, contracts, and cooperative agreements to eligible entities for the provision of coordinated and integrated behavioral health services and primary health care. (b) Eligible entities To be eligible to seek a grant, contract, or cooperative agreement this section, an entity shall be a public or nonprofit entity. (c) Use of funds An eligible entity receiving an award under this section shall use the award for the provision of coordinated and integrated behavioral health services and primary health care through— (1) the co-location of behavioral health services in primary care settings; (2) the use of care management services to facilitate coordination between behavioral health and primary care providers; (3) the use of information technology (such as telemedicine)— (A) to facilitate coordination between behavioral health and primary care providers; or (B) to expand the availability of behavioral health services; or (4) the provision of training and technical assistance to improve the delivery, effectiveness, and integration of behavioral health services into primary care settings. (d) Authorization of appropriations To carry out this section— (1) there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019; and (2) such sums as necessary are authorized to be transferred from the Substance Abuse and Mental Health Services Administration to the Health Resources and Services Administration. . 213. Geriatric mental health disorders Section 520A(e) of the Public Health Service Act ( 42 U.S.C. 290bb–32(e) ) is amended by adding at the end the following: (3) Geriatric mental health disorders The Secretary shall, as appropriate, provide technical assistance to grantees regarding evidence-based practices for the prevention and treatment of geriatric mental health disorders, as well as disseminate information about such evidence-based practices to States and nongrantees throughout the United States. . 214. Assessing barriers to behavioral health integration (a) In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives concerning Federal requirements that impact access to treatment of mental health and substance use disorders related to integration with primary care, administrative and regulatory issues, quality measurement and accountability, and data sharing. (b) Contents The report submitted under subsection (a) shall include the following: (1) An evaluation of the administrative or regulatory burden on behavioral health care providers. (2) The identification of outcome and quality measures relevant to integrated health care, evaluation of the data collection burden on behavioral health care providers, and any alternative methods for evaluation. (3) An analysis of the degree to which electronic data standards, including interoperability and meaningful use includes behavioral health measures, and an analysis of strategies to address barriers to health information exchange posed by part 2 of title 42, Code of Federal Regulations. (4) An analysis of the degree to which Federal rules and regulations for behavioral and physical health care are aligned, including recommendations to address any identified barriers. 215. Acute care bed registry grant for States (a) In general The Secretary of Health and Human Services, acting through Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants to State mental health agencies to develop and administer a Web-based acute psychiatric bed registry to collect, aggregate, and display information about available acute beds in public and private inpatient psychiatric facilities and public and private residential crisis stabilization units to facilitate the identification and designation of facilities for the temporary treatment of individuals in psychiatric crisis. (b) Registry requirements An acute psychiatric bed registry funded under this section shall— (1) include descriptive information for every public and private inpatient psychiatric facility and every public and private residential crisis stabilization unit in the State involved, including contact information for the facility or unit; (2) provide real-time information about the number of beds available at each facility or unit and, for each available bed, the type of patient that may be admitted, the level of security provided, and any other information that may be necessary to allow for the proper identification of appropriate facilities for treatment of individuals in psychiatric crisis; and (3) allow employees and designees of community mental health service providers, employees of inpatient psychiatric facilities or public and private residential crisis stabilization units, and health care providers working in an emergency room of a hospital or clinic or other facility rendering emergency medical care to perform searches of the registry to identify available beds that are appropriate for the treatment of individuals in psychiatric crisis. (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019. 216. Awards for co-locating primary and specialty care in community-based mental health settings Section 520K(f) of the Public Health Service Act ( 42 U.S.C. 290bb–42(f) ) is amended by striking $50,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014 and inserting $50,000,000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2019 . 217. Grants for the benefit of homeless individuals Section 506(e) of the Public Health Service Act ( 42 U.S.C. 290aa–5(e) ) is amended by striking $50,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 and 2003 and inserting $____for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2019 . III Improving Medicaid and Medicare Mental Health Services 301. Access to mental health prescription drugs under Medicare Section 1860D–4(b)(3)(G)(ii)(I) of the Social Security Act ( 42 U.S.C. 1395w–104(b)(3)(G)(ii)(I) ) is amended by adding at the end the following: Notwithstanding the previous sentence, categories and classes of drugs specified in subclauses (II) and (IV) of clause (iv) shall be identified under this subclause. . 302. Medicaid coverage of mental health services and primary care services furnished on the same day (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance to clarify that payment under a State plan is not prohibited for a mental health service or primary care service furnished to an individual at a community mental health center that meets the criteria specified in section 1913(c) of the Public Health Service Act ( 42 U.S.C. 300x–2(c) ) or a federally qualified health center (as defined in section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3))) for which payment would otherwise be payable under the plan, with respect to such individual, if such service were not a same-day qualifying service. (b) Same-Day qualifying service defined In this section, the term same-day qualifying service means— (1) a primary care service furnished to an individual by a provider at a facility on the same day a mental health service is furnished to such individual by such provider (or another provider) at the facility; and (2) a mental health service furnished to an individual by a provider at a facility on the same day a primary care service is furnished to such individual by such provider (or another provider) at the facility. 303. Elimination of 190-day lifetime limit on inpatient psychiatric hospital services (a) In general Section 1812 of the Social Security Act ( 42 U.S.C. 1395d ) is amended— (1) in subsection (b)— (A) in paragraph (1), by adding or at the end; (B) in paragraph (2), by striking ; or at the end and inserting a period; and (C) by striking paragraph (3); and (2) in subsection (c), by striking or in determining the 190-day limit under subsection (b)(3) . (b) Effective date The amendments made by subsection (a) shall apply to items and services furnished on or after January 1, 2016. 304. Expanding the Medicaid home and community-based services waiver to include youth in need of services provided in a psychiatric residential treatment facility (a) In general Section 1915(c) of the Social Security Act ( 42 U.S.C. 1396n(c) ) is amended— (1) in paragraph (1)— (A) by striking a hospital or a nursing facility or intermediate care facility for the mentally retarded and inserting a hospital, a nursing facility, an intermediate care facility for the intellectually disabled, or a psychiatric residential treatment facility, ; and (B) by striking a hospital, nursing facility, or intermediate care facility for the mentally retarded and inserting a hospital, nursing facility, intermediate care facility for the intellectually disabled, or psychiatric residential treatment facility ; (2) in paragraph (2)(B), by striking or services in an intermediate care facility for the mentally retarded each place it appears and inserting services in an intermediate care facility for the intellectually disabled, or services in a psychiatric residential treatment facility ; (3) in paragraph (2)(C)— (A) by striking or intermediate care facility for the mentally retarded and inserting intermediate care facility for the intellectually disabled, or psychiatric residential treatment facility ; and (B) by striking or services in an intermediate care facility for the mentally retarded and inserting services in an intermediate care facility for the intellectually disabled, or services in a psychiatric residential treatment facility ; (4) in paragraph (7)(A), by striking or intermediate care facilities for the mentally retarded, and inserting intermediate care facilities for the intellectually disabled, or psychiatric residential treatment facilities, ; and (5) by adding at the end the following new paragraph: (11) For purposes of this subsection, the term psychiatric residential treatment facility means a facility other than a hospital that is certified as meeting the requirements specified in regulations promulgated for such facilities under section 1905(h)(1) and that provides psychiatric services in an inpatient setting to individuals under age 21 for which medical assistance is available under a State plan under this title. . (b) Waiver limitation Section 1915(c) of such Act, as amended by subsection (a), is further amended— (1) in paragraph (2)— (A) in subparagraph (D), by striking ; and and inserting a semicolon; (B) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: (F) under the waiver, the total number of Medicaid inpatient bed days at psychiatric residential treatment facilities during each fiscal year within the waiver period will not exceed the total number of Medicaid inpatient bed days at such facilities for the previous fiscal year as increased by the estimated percentage increase (if any) in the population of individuals under age 21 residing in the State over the preceding 12-month period; and (G) the State will provide to the Secretary annually, subject to such requirements as the Secretary determines appropriate, relevant information and evidence as to the manner in which the State will satisfy the requirements described in subparagraph (F). ; and (2) by adding at the end the following new paragraph: (12) For purposes of paragraph (2)(F), an individual who is under age 21 and is an inpatient in a bed in a psychiatric residential treatment facility for a single day shall be counted as one inpatient bed day. . 305. Application of Rosa's Law for individuals with intellectual disabilities (a) References in the Social Security Act (1) In general With the exception of section 1930(b) of the Social Security Act ( 42 U.S.C. 1396u(b) ), as amended by section 305, such Act is further amended— (A) by striking, wherever it appears, State mental retardation or developmental disability authority and inserting State intellectual disability or developmental disability authority ; (B) by striking, wherever it appears, mental retardation and inserting intellectual disabilities ; and (C) by striking, wherever it appears, mentally retarded and inserting intellectually disabled . (2) Conforming amendment (A) In general Section 1902(e)(14)(F) of such Act is amended by striking mentally retarded and inserting intellectually disabled . (B) Effective date The amendment made under subparagraph (A) shall take effect on January 2, 2015. (b) References (1) In general For purposes of each provision amended by this section, issuing or amending regulations to carry out a provision amended by this section, or issuing any publication or other official communication in regards to any provision of the Social Security Act— (A) a reference to an intellectual disability shall mean a condition previously referred to as mental retardation, or a variation of such term, and shall have the same meaning with respect to programs, or qualifications for such programs, for individuals with such a condition; (B) a reference to an individual who is intellectually disabled shall mean an individual who was previously referred to as an individual who is mentally retarded, an individual with mental retardation, or variations of such terms; (C) a reference to an intermediate care facility for the intellectually disabled shall mean a facility that was previously referred to as an intermediate care facility for the mentally retarded; and (D) a reference to a State intellectual disability or developmental disability authority shall mean an entity that was previously referred to as a State mental retardation or developmental disability authority. (2) Regulations For purposes of amending regulations to carry out this section, a Federal agency shall ensure that the regulations clearly state— (A) that an intellectual disability was formerly termed mental retardation; (B) that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded; (C) that an intermediate care facility for the intellectually disabled was formerly termed an intermediate care facility for the mentally retarded; and (D) that a State intellectual disability or developmental disability authority was formerly termed a State mental retardation or developmental disability authority. (c) Rule of construction This section shall be construed to make amendments to provisions of Federal law to substitute the term intellectual disability for mental retardation or any variation of such term without any intent to— (1) change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or (2) compel States to change terminology in State laws for individuals covered by a provision amended by this section. 306. Complete application of mental health and substance use parity rules under Medicaid and CHIP Not later than January 1, 2015, the Secretary of Health and Human Services shall issue a final rule to carry out the following provisions of law: (1) Section 1932(b)(8) of the Social Security Act ( 42 U.S.C. 1396u–2(b)(8) ) (requiring Medicaid managed care organizations to comply with the mental health and substance use requirements under certain provisions of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. )). (2) Section 1937(b)(6) of such Act ( 42 U.S.C. 1396u–7(b)(6) ) (requiring benchmark benefit packages or benchmark equivalent coverage to comply with the mental health and substance use parity requirements under section 2705(a) of the Public Health Service Act ( 42 U.S.C. 300gg–4 )). (3) Section 2103(c)(6) of such Act ( 42 U.S.C. 1937cc(c)(6) ) (requiring State child health plans to comply with mental health and substance use parity requirements under section 2705(a) of the Public Health Service Act ( 42 U.S.C. 300gg–4 )). 307. Coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program (a) Coverage of Services (1) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (A) in subparagraph (EE), by striking and after the semicolon at the end; (B) in subparagraph (FF), by inserting and after the semicolon at the end; and (C) by adding at the end the following new subparagraph: (GG) marriage and family therapist services (as defined in subsection (iii)(1)) and mental health counselor services (as defined in subsection (iii)(3)); . (2) Definitions Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (iii) Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor (1) The term marriage and family therapist services means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. (2) The term marriage and family therapist means an individual who— (A) possesses a master’s or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; (B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and (C) is licensed or certified as a marriage and family therapist in the State in which marriage and family therapist services are performed. (3) The term mental health counselor services means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. (4) The term mental health counselor means an individual who— (A) possesses a master’s or doctoral degree in mental health counseling or a related field; (B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and (C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State. . (3) Provision for payment under part B Section 1832(a)(2)(B) of the Social Security Act ( 42 U.S.C. 1395k(a)(2)(B) ) is amended by adding at the end the following new clause: (v) marriage and family therapist services (as defined in section 1861(iii)(1)) and mental health counselor services (as defined in section 1861(iii)(3)); . (4) Amount of payment (A) In general Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395 l (a)(1)) is amended— (i) by striking and (Z) and inserting (Z) ; and (ii) by inserting before the semicolon at the end the following: , and (AA) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L) . (B) Development of criteria with respect to consultation with a health care professional The Secretary of Health and Human Services shall, taking into consideration concerns for patient confidentiality, develop criteria with respect to payment for marriage and family therapist services for which payment may be made directly to the marriage and family therapist under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ) under which such a therapist must agree to consult with a patient’s attending or primary care physician or nurse practitioner in accordance with such criteria. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system Section 1888(e)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395yy(e)(2)(A)(ii) ) is amended by inserting marriage and family therapist services (as defined in section 1861(iii)(1)), mental health counselor services (as defined in section 1861(iii)(3)), after qualified psychologist services, . (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims Section 1842(b)(18)(C) of the Social Security Act ( 42 U.S.C. 1395u(b)(18)(C) ) is amended by adding at the end the following new clauses: (vii) A marriage and family therapist (as defined in section 1861(iii)(2)). (viii) A mental health counselor (as defined in section 1861(iii)(4)). . (b) Coverage of Certain Mental Health Services Provided in Certain Settings (1) Rural health clinics and federally qualified health centers Section 1861(aa)(1)(B) of the Social Security Act ( 42 U.S.C. 1395x(aa)(1)(B) ) is amended by striking or by a clinical social worker (as defined in subsection (hh)(1)) and inserting , by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (iii)(2)), or by a mental health counselor (as defined in subsection (iii)(4)) . (2) Hospice programs Section 1861(dd)(2)(B)(i)(III) of the Social Security Act ( 42 U.S.C. 1395x(dd)(2)(B)(i)(III) ) is amended by inserting (and may, in addition, include a marriage and family therapist and mental health counselor) after social worker . (c) Authorization of marriage and family therapists and mental health counselors To develop discharge plans for post-Hospital services Section 1861(ee)(2)(G) of the Social Security Act ( 42 U.S.C. 1395x(ee)(2)(G) ) is amended by inserting , including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary before the period at the end. (d) Effective Date The amendments made by this section shall apply with respect to services furnished on or after the date that is one year after the date of the enactment of this Act. IV Developing the Behavioral Health Workforce 401. National health service corps scholarship and loan repayment funding for behavioral and mental health professionals Section 338H of the Public Health Service Act ( 42 U.S.C. 254q ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: (b) Additional funding for behavioral and mental health professionals In addition to the amounts authorized to be appropriated under subsection (a), and in addition to the amounts appropriated under section 10503 of Public Law 111–148 , there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019 for scholarships and loan repayments under this subpart for ensuring, as described in sections 338A(a) and 338B(a), an adequate supply of behavioral and mental health professionals. . 402. Reauthorization of HRSA’s mental and behavioral health education and training program Subsection (e) of section 756 of the Public Health Service Act ( 42 U.S.C. 294e–1 ) is amended to read as follows: (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019. . 403. SAMHSA grant program for development and implementation of curricula for continuing education on serious mental illness Title V of the Public Health Service Act is amended by inserting after section 520I (42 U.S.C. 290bb–40) the following: 520I–1. Curricula for continuing education on serious mental illness (a) Grants The Secretary may award grants to eligible entities for the development and implementation of curricula for providing continuing education and training to health care professionals on identifying, referring, and treating individuals with serious mental illness. (b) Eligible entities To be eligible to seek a grant under this section, an entity shall be a public or nonprofit entity that— (1) provides continuing education or training to health care professionals; or (2) applies for the grant in partnership with another entity that provides such education and training. (c) Preference In awarding grants under this section, the Secretary shall give preference to eligible entities proposing to develop and implement curricula for providing continuing education and training to— (1) health care professionals in primary care specialities; or (2) health care professionals who are required, as a condition of State licensure, to participate in continuing education or training specific to mental health. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019. . 404. Demonstration grant program to recruit, train, deploy, and professionally support psychiatric physicians in Indian health programs (a) Short title This section may be cited as the Native American Psychiatric and Mental Health Care Improvement Act . (b) Demonstration grant program To recruit, train, deploy, and professionally support psychiatric physicians in Indian health programs (1) Establishment The Secretary of Health and Human Services (in this subsection referred to as the Secretary ), in consultation with the Director of the Indian Health Service and demonstration programs established under section 123 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616p ), shall award one 5-year grant to one eligible entity to carry out a demonstration program (in this Act referred to as the Program ) under which the eligible entity shall carry out the activities described in paragraph (2). (2) Activities To be carried out by recipient of grant under Program Under the Program, the grant recipient shall— (A) create a nationally replicable workforce model that identifies and incorporates best practices for recruiting, training, deploying, and professionally supporting Native American and non-Native American psychiatric physicians to be fully integrated into medical, mental, and behavioral health systems in Indian health programs; (B) recruit to participate in the Program Native American and non-Native American psychiatric physicians who demonstrate interest in providing specialty health care services (as defined in section 313(a)(3) of the Indian Health Care Improvement Act ( 25 U.S.C. 1638g(a)(3) )) and primary care services to American Indians and Alaska Natives; (C) provide such psychiatric physicians participating in the Program with not more than 1 year of supplemental clinical and cultural competency training to enable such physicians to provide such specialty health care services and primary care services in Indian health programs; (D) with respect to such psychiatric physicians who are participating in the Program and trained under subparagraph (C), deploy such physicians to practice specialty care or primary care in Indian health programs for a period of not less than 2 years and professionally support such physicians for such period with respect to practicing such care in such programs; and (E) not later than 1 year after the last day of the 5-year period for which the grant is awarded under paragraph (1), submit to the Secretary and to the appropriate committees of Congress a report that shall include— (i) the workforce model created under subparagraph (A); (ii) strategies for disseminating the workforce model to other entities with the capability of adopting it; and (iii) recommendations for the Secretary and Congress with respect to supporting an effective and stable psychiatric and mental health workforce that serves American Indians and Alaska Natives. (3) Eligible entities (A) Requirements To be eligible to receive the grant under this section, an entity shall— (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (ii) be a department of psychiatry within a medical school in the United States that is accredited by the Liaison Committee on Medical Education or a public or private nonprofit entity affiliated with a medical school in the United States that is accredited by the Liaison Committee on Medical Education; and (iii) have in existence, as of the time of submission of the application under subparagraph (A), a relationship with Indian health programs in at least two States with a demonstrated need for psychiatric physicians and provide assurances that the grant will be used to serve rural and non-rural American Indian and Alaska Native populations in at least two States. (B) Priority in selecting grant recipient In awarding the grant under this section, the Secretary shall give priority to an eligible entity that satisfies each of the following: (i) Demonstrates sufficient infrastructure in size, scope, and capacity to undertake the supplemental clinical and cultural competency training of a minimum of 5 psychiatric physicians, and to provide ongoing professional support to psychiatric physicians during the deployment period to an Indian health program. (ii) Demonstrates a record in successfully recruiting, training, and deploying physicians who are American Indians and Alaska Natives. (iii) Demonstrates the ability to establish a program advisory board, which may be primarily composed of representatives of federally recognized tribes, Alaska Natives, and Indian health programs to be served by the Program. (4) Eligibility of psychiatric physicians To participate in the Program (A) In general To be eligible to participate in the Program, as described in paragraph (2), a psychiatric physician shall— (i) be licensed or eligible for licensure to practice in the State to which the physician is to be deployed under paragraph (2)(D); and (ii) demonstrate a commitment beyond the one year of training described in paragraph (2)(C) and two years of deployment described in paragraph (2)(D) to a career as a specialty care physician or primary care physician providing mental health services in Indian health programs. (B) Preference In selecting physicians to participate under the Program, as described in paragraph (2)(B), the grant recipient shall give preference to physicians who are American Indians and Alaska Natives. (5) Loan forgiveness Under the Program, any psychiatric physician accepted to participate in the Program shall, notwithstanding the provisions of subsection (b) of section 108 of the Indian Health Care Improvement Act ( 25 U.S.C. 1616a ) and upon acceptance into the Program, be deemed eligible and enrolled to participate in the Indian Health Service Loan Repayment Program under such section 108. Under such Loan Repayment Program, the Secretary shall pay on behalf of the physician for each year of deployment under the Program under this section up to $35,000 for loans described in subsection (g)(1) of such section 108. (6) Deferral of certain service The starting date of required service of individuals in the National Health Service Corps Service Program under title II of the Public Health Service Act (42 U.S.C. 202 et seq.) who are psychiatric physicians participating under the Program under this section shall be deferred until the date that is 30 days after the date of completion of the participation of such a physician in the Program under this section. (7) Definitions For purposes of this Act: (A) American Indians and Alaska Natives The term American Indians and Alaska Natives has the meaning given the term Indian in section 447.50(b)(1) of title 42, Code of Federal Regulations, as in existence as of the date of the enactment of this Act. (B) Indian health program The term Indian health program has the meaning given such term in section 104(12) of the Indian Health Care Improvement Act (25 U.S.C. 1603(12)). (C) Professionally support The term professionally support means, with respect to psychiatric physicians participating in the Program and deployed to practice specialty care or primary care in Indian health programs, the provision of compensation to such physicians for the provision of such care during such deployment and may include the provision, dissemination, or sharing of best practices, field training, and other activities deemed appropriate by the recipient of the grant under this section. (D) Psychiatric physician The term psychiatric physician means a medical doctor or doctor of osteopathy in good standing who has successfully completed four-year psychiatric residency training or who is enrolled in four-year psychiatric residency training in a residency program accredited by the Accreditation Council for Graduate Medical Education. (8) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 2015 through 2019. 405. Including occupational therapists as behavioral and mental health professionals for purposes of the National Health Service Corps (a) Inclusion of Occupational Therapist Section 331(a)(3)(E)(i) of the Public Health Service Act ( 42 U.S.C. 254d(a)(3)(E)(i) ) is amended by inserting subject to section 405(b)(2) of the Strengthening Mental Health in Our Communities Act of 2014 , occupational therapists, after psychiatric nurse specialists; . (b) Effective date; contingent implementation (1) Effective date Subject to paragraph (2), the amendment made by subsection (a) shall apply beginning on October 1, 2014. (2) Contingent implementation The amendment made by subsection (a) shall apply with respect to obligations entered into for a fiscal year after fiscal year 2014 only if the total amount made available for the purpose of carrying out subparts II and III of part D of title III of the Public Health Service Act ( 42 U.S.C. 254d et seq. ) for such fiscal year is greater than the total amount made available for such purpose for fiscal year 2014. 406. Extension of certain health care workforce loan repayment programs through fiscal year 2019 Section 775(e) of the Public Health Service Act ( 42 U.S.C. 295f(e) ) is amended— (1) by striking 2014 and inserting 2019 ; and (2) by striking 2013 and inserting 2019 . V Improving Mental Health Research and Coordination 501. National Institute of Mental Health research program on serious mental illness and suicide prevention (a) Purpose of institute Section 464R(a) of the Public Health Service Act ( 42 U.S.C. 285p(a) ) is amended by inserting serious mental illness research, after biomedical and behavioral research, . (b) Research program Section 464R(b) of the Public Health Service Act ( 42 U.S.C. 285p(b) ) is amended— (1) by striking The research program and inserting the following: (1) In general The research program ; (2) by striking to further the treatment and prevention of mental illness and inserting to further the treatment and prevention of mental illness (including serious mental illness) ; and (3) by adding at the end the following: (2) Research with respect to serious mental illness As part of the research program established under this subpart, the Director of the Institute shall conduct or support research on serious mental illness, including with respect to— (A) the causes, prevention, and treatment of serious mental illness; and (B) interventions to improve early identification of individuals with serious mental illness. (3) Research with respect to violence associated with mental illness As part of the research program established under this subpart, the Director of the Institute shall conduct or support research on self-directed and other-directed violence associated with mental illness, including with respect to— (A) the causes of such violence; and (B) interventions to reduce the risk of self-harm, suicide, and interpersonal violence, including in rural and other underserved communities. . (c) Biennial report Section 403(a)(5) of the Public Health Service Act ( 42 U.S.C. 283(a)(5) ) is amended— (1) by redesignating subparagraph (L) as subparagraph (M); and (2) by inserting after subparagraph (K) the following: (L) Serious mental illness. . (d) Authorization of appropriations Section 464R of the Public Health Service Act ( 42 U.S.C. 285p ) is amended by adding at the end the following: (f) Authorization of appropriations In addition to amounts otherwise made available to the National Institute of Mental Health, including amounts appropriated pursuant to section 402A(a), there are authorized to be appropriated to such Institute $40,000,000 for each of fiscal years 2015 through 2019 to carry out subsection (b)(3) (relating to research with respect to violence associated with mental illness). . 502. Youth mental health research network (a) Youth mental health research network (1) Network The Director of the National Institutes of Health may provide for the establishment of a Youth Mental Health Research Network for the conduct or support of— (A) youth mental health research; and (B) youth mental health intervention services. (2) Collaboration by institutes and centers The Director of NIH shall carry out this Act acting— (A) through the Director of the National Institute of Mental Health; and (B) in collaboration with other appropriate national research institutes and national centers that carry out activities involving youth mental health research. (3) Mental health research (A) In general In carrying out paragraph (1), the Director of NIH may award cooperative agreements, grants, and contracts to State, local, and tribal governments and private nonprofit entities for— (i) conducting, or entering into consortia with other entities to conduct— (I) basic, clinical, behavioral, or translational research to meet unmet needs for youth mental health research; or (II) training for researchers in youth mental health research techniques; (ii) providing, or partnering with non-research institutions or community-based groups with existing connections to youth to provide, youth mental health intervention services; and (iii) collaborating with the National Institute of Mental Health to make use of, and build on, the scientific findings and clinical techniques of the Institute’s earlier programs, studies, and demonstration projects. (B) Research The Director of NIH shall ensure that— (i) each recipient of an award under subparagraph (A)(i) conducts or supports at least one category of research described in subparagraph (A)(i)(I) and collectively such recipients conduct or support all such categories of research; and (ii) one or more such recipients provide training described in subparagraph (A)(i)(II). (C) Number of award recipients The Director of NIH may make awards under this paragraph for not more than 70 entities. (D) Supplement, not supplant Any support received by an entity under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. (E) Duration of support Support of an entity under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended by the Director of NIH for additional periods of not more than 5 years. (4) Coordination The Director of NIH shall— (A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the recipients of awards under this subsection; and (B) require the periodic preparation and submission to the Director of reports on the activities of each such recipient. (b) Intervention services for, and research on, serious emotional disturbance (1) In general In making awards under subsection (a)(3), the Director of NIH shall ensure that an appropriate number of such awards are awarded to entities that agree to— (A) focus primarily on the early detection of and interventions for serious emotional disturbances in children and adolescents; (B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of early serious emotional disturbance in a community setting; (C) rapidly and efficiently disseminate scientific findings resulting from such trials; and (D) adhere to the guidelines, protocols, and practices used in the North American Prodrome Longitudinal Study (NAPLS) and the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. (2) Data coordinating center (A) Establishment In connection with awards to entities described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: (i) To distribute the scientific findings referred to in paragraph (1)(C). (ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. (iii) To organize and conduct multisite monitoring activities. (iv) To provide assistance to the Centers for Disease Control and Prevention in the establishment of patient registries. (B) Reporting The Director of NIH shall— (i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH on research conducted by entities described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (ii) as appropriate, incorporate information reported under clause (i) into the Director’s biennial reports under section 403 of the Public Health Service Act (42 U.S.C. 283). (c) Definitions In this Act, the terms Director of NIH , national center , and national research institute have the meanings given to such terms in section 401 of the Public Health Service Act (42 U.S.C. 281). (d) Authorization of appropriations To carry out this Act, there is authorized to be appropriated $25,000,000 for each of fiscal years 2015 through 2019. 503. National violent death reporting system The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall improve, particularly through the inclusion of additional States, the National Violent Death Reporting System, as authorized by title III of the Public Health Service Act (42 U.S.C. 241 et seq.). Participation in the system by the States shall be voluntary. VI Education and Youth 601. School-based mental health programs (a) Purposes It is the purpose of this section to— (1) revise, increase funding for, and expand the scope of the Safe Schools-Healthy Students program in order to provide access to more comprehensive school-based mental health services and supports; (2) increase access to school employed mental health professionals; (3) provide for comprehensive staff development for school and community service personnel working in the school; and (4) provide for comprehensive training for children with mental health disorders, for parents, siblings, and other family members of such children, and for concerned members of the community. (b) Amendments to the Public Health Service Act (1) Technical amendments The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act ( 42 U.S.C. 290kk et seq. ) is amended— (A) by redesignating such part as part J; and (B) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (2) School-Based mental health and children and violence Section 581 of the Public Health Service Act ( 42 U.S.C. 290hh ) is amended to read as follows: 581. School-based mental health and children and violence (a) In general The Secretary, in collaboration with the Secretary of Education and in consultation with the Attorney General, shall, directly or through grants, contracts, or cooperative agreements awarded to States, assist local communities and schools in applying a public health approach to mental health services both in schools and in the community. Such an approach should provide comprehensive, age-appropriate services and supports, be linguistically and culturally appropriate, be trauma-informed, and incorporate age appropriate strategies of positive behavioral interventions and supports. (b) Activities Under the program under subsection (a), the Secretary may— (1) provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate, trauma-informed, and age-appropriate, school mental health program that incorporates positive behavioral interventions, client treatment, and supports to foster the health and development of children; (2) provide technical assistance to local communities with respect to the development of programs described in paragraph (1); (3) provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health issues and violence when and if it occurs; (4) facilitate community partnerships among families, students, law enforcement agencies, education systems, school-based health centers, mental health and substance use disorder service systems, family-based mental health service systems, welfare agencies, health care service systems (including physicians), faith-based programs, trauma networks, and other community-based systems; and (5) establish mechanisms for children and adolescents to report incidents of violence or plans by other children, adolescents, or adults to commit violence. (c) Requirements (1) In general To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall— (A) be a State, in partnership with at least three local education agencies; and (B) submit an application, that is endorsed by all members of the partnership, that contains the assurances described in paragraph (2). (2) Required assurances An application under paragraph (1) shall contain assurances as follows: (A) That the applicant will ensure that, in carrying out activities under this section, the local educational agency involved will enter into a memorandum of understanding— (i) with, at least one, public or private mental health entity, health care entity, law enforcement or juvenile justice entity, child welfare agency, family-based mental health entity, family or family organization, trauma network, or other community-based entity; and (ii) that clearly states— (I) how school employed mental health professionals will be utilized for carrying out such responsibilities; (II) the responsibilities of each partner with respect to the activities to be carried out; (III) how each such partner will be accountable for carrying out such responsibilities; and (IV) the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program. (B) That the comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address— (i) the promotion of the social, emotional, and behavioral health of all students in an environment that is conducive to learning; (ii) the reduction in the likelihood of at-risk students developing social, emotional, behavioral health problems, or substance use disorders; (iii) the early identification of social, emotional, behavioral problems, or substance use disorders and the provision of early intervention services; (iv) the treatment or referral for treatment of students with existing social, emotional, behavioral health problems, or substance use disorders; and (v) the development and implementation of programs to assist children in dealing with trauma and violence. (C) That the comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel, including ancillary staff and volunteers, in— (i) the techniques and supports needed to identify early children with trauma histories and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and to follow up when services are not available; (iii) strategies that promote a school-wide positive environment; (iv) strategies for promoting the social, emotional, mental, and behavioral health of all students; and (v) strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive school-based mental health programs. (D) That the comprehensive school-based mental health program carried out under this section will include comprehensive training for parents, siblings, and other family members of children with mental health disorders, and for concerned members of the community in— (i) the techniques and supports needed to identify early children with trauma histories, and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and follow up when such services are not available; and (iii) strategies that promote a school-wide positive environment. (E) That the comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program after funding under this section terminates. (F) That the local educational agency partnership involved is supported by the State educational and mental health system to ensure that the sustainability of the program is established after funding under this section terminates. (G) That the comprehensive school-based mental health program carried out under this section will be based on trauma-informed and evidence-based practices. (H) That the comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act. (I) That the comprehensive school-based mental health program carried out under this section will be trauma-informed and culturally and linguistically appropriate. (J) That the comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out of school due to policies of zero tolerance with respect to drugs, alcohol, or weapons and an inability to obtain appropriate services. (K) That the mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise. (3) Coordinator Any entity that is a member of a partnership described in paragraph (1)(A) may serve as the coordinator of funding and activities under the grant if all members of the partnership agree. (4) Compliance with HIPAA A grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 with respect to any patient records developed through activities under the grant. (d) Geographical distribution The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas. (e) Duration of awards With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 6 years. An entity may receive only one award under this section, except that an entity that is providing services and supports on a regional basis may receive additional funding after the expiration of the preceding grant period. (f) Evaluation and measures of outcomes (1) Development of process The Administrator shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include— (A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; (B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and (C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. (2) Measures of outcomes (A) In general The Administrator shall develop measures of outcomes to be applied by recipients of assistance under this section, and the Administrator, in evaluating the effectiveness of programs carried out under this section. Such measures shall include student and family measures as provided for in subparagraph (B) and local educational measures as provided for under subparagraph (C). (B) Student and family measures of outcomes The measures of outcomes developed under paragraph (1)(B) relating to students and families shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate whether the program is effective in— (i) increasing social and emotional competency; (ii) increasing academic competency (as defined by Secretary); (iii) reducing disruptive and aggressive behaviors; (iv) improving child functioning; (v) reducing substance use disorders; (vi) reducing suspensions, truancy, expulsions and violence; (vii) increasing graduation rates (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965); and (viii) improving access to care for mental health disorders. (C) Local educational outcomes The outcome measures developed under paragraph (1)(B) relating to local educational systems shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate— (i) the effectiveness of comprehensive school mental health programs established under this section; (ii) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system; (iii) the progress made in sustaining the program once funding under the grant has expired; (iv) the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training; (v) the improvement in perception of a safe and supportive learning environment among school staff, students, and parents; (vi) the improvement in case-finding of students in need of more intensive services and referral of identified students to early intervention and clinical services; (vii) the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others; (viii) the increased successful matriculation to postsecondary school; and (ix) reduced referrals to juvenile justice. (3) Submission of annual data An entity that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Administrator a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. (4) Evaluation by Administrator Based on the data submitted under paragraph (3), the Administrator shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. (5) Limitation A grantee shall use not to exceed 10 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. (g) Information and education The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals. (h) Amount of grants and authorization of appropriations (1) Amount of grants A grant under this section shall be in an amount that is not more than $1,000,000 for each of grant years 2015 through 2019. The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2015 through 2019. . (3) Conforming amendment Part G of title V of the Public Health Service Act ( 42 U.S.C. 290hh et seq. ), as amended by this section, is further amended by striking the part heading and inserting the following: G School-based mental health . 602. Examining mental health care for children (a) In General Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct an independent evaluation, and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report concerning the utilization of mental health services for children, including the usage of psychotropic medications. (b) Content The report submitted under subsection (a) shall review and assess— (1) the ways in which children access mental health care, including information on whether children are screened and treated by primary care or specialty physicians or other health care providers, what types of referrals for additional care are recommended, and any barriers to accessing this care; (2) the extent to which children prescribed psychotropic medications in the United States face barriers to more comprehensive or other mental health services, interventions, and treatments; (3) the extent to which children are prescribed psychotropic medications in the United States including the frequency of concurrent medication usage; and (4) the tools, assessments, and medications that are available and used to diagnose and treat children with mental health disorders. VII Justice and Mental Health Collaboration 701. Assisting veterans (a) Redesignation Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by redesignating subsection (i) as subsection (l). (b) Assisting veterans Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by inserting after subsection (h) the following: (i) Assisting veterans (1) Definitions In this subsection: (A) Peer-to-peer services or programs The term peer-to-peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran The term qualified veteran means a preliminarily qualified offender who— (i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and (ii) was discharged or released from such service under conditions other than dishonorable. (C) Veterans treatment court program The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; and (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer-to-peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. . 702. Correctional facilities Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by inserting after subsection (i), as so added by section 701, the following: (j) Correctional facilities (1) Definitions (A) Correctional facility The term correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. (B) Eligible inmate The term eligible inmate means an individual who— (i) is being held, detained, or incarcerated in a correctional facility; and (ii) manifests obvious signs of a mental illness or has been diagnosed by a qualified mental health professional as having a mental illness. (2) Correctional facility grants The Attorney General may award grants to applicants to enhance the capabilities of a correctional facility— (A) to identify and screen for eligible inmates; (B) to plan and provide— (i) initial and periodic assessments of the clinical, medical, and social needs of inmates; and (ii) appropriate treatment and services that address the mental health and substance abuse needs of inmates; (C) to develop, implement, and enhance— (i) post-release transition plans for eligible inmates that, in a comprehensive manner, coordinate health, housing, medical, employment, and other appropriate services and public benefits; (ii) the availability of mental health care services and substance abuse treatment services; and (iii) alternatives to solitary confinement and segregated housing and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and (D) to train each employee of the correctional facility to identify and appropriately respond to incidents involving inmates with mental health or co-occurring mental health and substance abuse disorders. . 703. High utilizers Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by inserting after subsection (j), as added by section 702, the following: (k) Demonstration grants responding to high utilizers (1) Definition In this subsection, the term high utilizer means an individual who— (A) manifests obvious signs of mental illness or has been diagnosed by a qualified mental health professional as having a mental illness; and (B) consumes a significantly disproportionate quantity of public resources, such as emergency, housing, judicial, corrections, and law enforcement services. (2) Demonstration grants responding to high utilizers (A) In general The Attorney General may award not more than 6 grants per year under this subsection to applicants for the purpose of reducing the use of public services by high utilizers. (B) Use of grants A recipient of a grant awarded under this subsection may use the grant— (i) to develop or support multidisciplinary teams that coordinate, implement, and administer community-based crisis responses and long-term plans for high utilizers; (ii) to provide training on how to respond appropriately to the unique issues involving high utilizers for public service personnel, including criminal justice, mental health, substance abuse, emergency room, health care, law enforcement, corrections, and housing personnel; (iii) to develop or support alternatives to hospital and jail admissions for high utilizers that provide treatment, stabilization, and other appropriate supports in the least restrictive, yet appropriate, environment; or (iv) to develop protocols and systems among law enforcement, mental health, substance abuse, housing, corrections, and emergency medical service operations to provide coordinated assistance to high utilizers. (C) Report Not later than the last day of the first year following the fiscal year in which a grant is awarded under this subsection, the recipient of the grant shall submit to the Attorney General a report that— (i) measures the performance of the grant recipient in reducing the use of public services by high utilizers; and (ii) provides a model set of practices, systems, or procedures that other jurisdictions can adopt to reduce the use of public services by high utilizers. . 704. Academy training Section 2991(h) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(h) ) is amended— (1) in paragraph (1), by adding at the end the following: (F) Academy training To provide support for academy curricula, law enforcement officer orientation programs, continuing education training, and other programs that teach law enforcement personnel how to identify and respond to incidents involving individuals with mental illness or co-occurring mental illness and substance abuse disorders. ; and (2) by adding at the end the following: (4) Priority consideration The Attorney General, in awarding grants under this subsection, shall give priority to programs that law enforcement personnel and members of the mental health and substance abuse professions develop and administer cooperatively. . 705. Evidence-based practices Section 2991(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(c) ) is amended— (1) in paragraph (3), by striking or at the end; (2) by redesignating paragraph (4) as paragraph (6); and (3) by inserting after paragraph (3), the following: (4) propose interventions that have been shown by empirical evidence to reduce recidivism; (5) when appropriate, use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services; or . 706. Safe communities (a) In general Section 2991(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(a) ) is amended by striking paragraph (9) and inserting the following: (9) Preliminarily qualified offender (A) In general The term preliminarily qualified offender means an adult or juvenile accused of an offense who— (i) (I) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness or co-occurring mental illness and substance abuse disorders; (II) manifests obvious signs of mental illness or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; or (III) in the case of a veterans treatment court provided under subsection (i), has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder; and (ii) has been unanimously approved for participation in a program funded under this section by, when appropriate, the relevant— (I) prosecuting attorney; (II) defense attorney; (III) probation or corrections official; (IV) judge; and (V) a representative from the relevant mental health agency described in subsection (b)(5)(B)(i). (B) Determination In determining whether to designate an individual as a preliminarily qualified offender, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and mental health or substance abuse agency representative shall take into account— (i) whether the participation of the individual in the program would pose a substantial risk of violence to the community; (ii) the criminal history of the individual and the nature and severity of the offense for which the individual is charged; (iii) the views of any relevant victims to the offense; (iv) the extent to which the individual would benefit from participation in the program; (v) the extent to which the community would realize cost savings because of the individual's participation in the program; and (vi) whether the individual satisfies the eligibility criteria for program participation unanimously established by the relevant prosecuting attorney, defense attorney, probation or corrections official, judge and mental health or substance abuse agency representative. . (b) Technical and conforming amendment Section 2927(2) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–6(2) ) is amended by striking has the meaning given that term in section 2991(a). and inserting “means an offense that— (A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. . 707. Reauthorization of appropriations Subsection (l) of section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa), as redesignated in section 701(a), is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) $40,000,000 for each of fiscal years 2015 through 2019. ; and (2) by adding at the end the following: (3) Limitation Not more than 20 percent of the funds authorized to be appropriated under this section may be used for purposes described in subsection (i) (relating to veterans). . VIII Behavioral Health Information Technology 801. Extension of health information technology assistance for behavioral and mental health and substance abuse Section 3000(3) of the Public Health Service Act ( 42 U.S.C. 300jj(3) ) is amended by inserting before and any other category the following: behavioral and mental health professionals (as defined in section 331(a)(3)(E)(i)), a substance abuse professional, a psychiatric hospital (as defined in section 1861(f) of the Social Security Act), a community mental health center meeting the criteria specified in section 1913(c), a residential or outpatient mental health or substance abuse treatment facility, . 802. Extension of eligibility for Medicare and Medicaid health information technology implementation assistance (a) Payment incentives for eligible professionals under medicare Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (1) in subsection (a)(7)— (A) in subparagraph (E), by adding at the end the following new clause: (iv) Additional eligible professional The term additional eligible professional means a clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ; and (B) by adding at the end the following new subparagraph: (F) Application to additional eligible professionals The Secretary shall apply the provisions of this paragraph with respect to an additional eligible professional in the same manner as such provisions apply to an eligible professional, except in applying subparagraph (A)— (i) in clause (i), the reference to 2015 shall be deemed a reference to 2019; (ii) in clause (ii), the references to 2015, 2016, and 2017 shall be deemed references to 2019, 2020, and 2021, respectively; and (iii) in clause (iii), the reference to 2018 shall be deemed a reference to 2022. ; and (2) in subsection (o)— (A) in paragraph (5), by adding at the end the following new subparagraph: (D) Additional eligible professional The term additional eligible professional means a clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ; and (B) by adding at the end the following new paragraph: (6) Application to additional eligible professionals The Secretary shall apply the provisions of this subsection with respect to an additional eligible professional in the same manner as such provisions apply to an eligible professional, except in applying— (A) paragraph (1)(A)(ii), the reference to 2016 shall be deemed a reference to 2020; (B) paragraph (1)(B)(ii), the references to 2011 and 2012 shall be deemed references to 2015 and 2016, respectively; (C) paragraph (1)(B)(iii), the references to 2013 shall be deemed references to 2017; (D) paragraph (1)(B)(v), the references to 2014 shall be deemed references to 2018; and (E) paragraph (1)(E), the reference to 2011 shall be deemed a reference to 2015. . (b) Eligible hospitals Section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) is amended— (1) in subsection (b)(3)(B)(ix), by adding at the end the following new subclause: (V) The Secretary shall apply the provisions of this subsection with respect to an additional eligible hospital (as defined in subsection (n)(6)(C)) in the same manner as such provisions apply to an eligible hospital, except in applying— (aa) subclause (I), the references to 2015, 2016, and 2017 shall be deemed references to 2019, 2020, and 2021, respectively; and (bb) subclause (III), the reference to 2015 shall be deemed a reference to 2019. ; and (2) in subsection (n)— (A) in paragraph (6), by adding at the end the following new subparagraph: (C) Additional eligible hospital The term additional eligible hospital means an inpatient hospital that is a psychiatric hospital (as defined in section 1861(f)). ; and (B) by adding at the end the following new paragraph: (7) Application to additional eligible hospitals The Secretary shall apply the provisions of this subsection with respect to an additional eligible hospital in the same manner as such provisions apply to an eligible hospital, except in applying paragraph (2)— (A) the Secretary shall adjust the base amount specified in subparagraph (B) of such paragraph, in a manner specified by the Secretary, to reflect the smaller size of such additional eligible hospitals relative to eligible hospitals; (B) the Secretary shall adjust the discharge related amount specified in subparagraph (C) of such paragraph for each 12-month period selected by the Secretary under such subparagraph, in a manner specified by the Secretary, to reflect the smaller size such additional hospitals relative to eligible hospitals, including by adjusting the ranges of discharges specified in such subparagraph and the amount specified in such subparagraph for each discharge within such a specified range; (C) the references in subparagraph (E)(ii) of such paragraph to 2013 and 2015 shall be deemed references to 2017 and 2019, respectively; and (D) the reference in subparagraph (G)(i) of such paragraph to 2011 shall be deemed a reference to 2015. . (c) Medicaid providers Section 1903(t) of the Social Security Act ( 42 U.S.C. 1396b(t) ) is amended— (1) in paragraph (2)(B)— (A) in clause (i), by striking , or and inserting a semicolon; (B) in clause (ii), by striking the period and inserting a semicolon; and (C) by adding after clause (ii) the following new clauses: (iii) a public hospital that is principally a psychiatric hospital (as defined in section 1861(f)); (iv) a private hospital that is principally a psychiatric hospital (as defined in section 1861(f)) and that has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals receiving medical assistance under this title; (v) a community mental health center meeting the criteria specified in section 1913(c) of the Public Health Service Act; or (vi) a residential or outpatient mental health or substance abuse treatment facility that— (I) is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or any other national accrediting agency recognized by the Secretary; and (II) has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals receiving medical assistance under this title. ; (2) in paragraph (3)(B)— (A) in clause (iv), by striking and after the semicolon; (B) in clause (v), by striking the period and inserting ; and ; and (C) by adding at the end the following new clause: (vi) clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)), if such clinical psychologist is practicing in an outpatient clinic that— (I) is led by a clinical psychologist; and (II) is not otherwise receiving payment under paragraph (1) as a Medicaid provider described in paragraph (2)(B). ; and (3) in paragraph (5)(B), by adding at the end the following new sentence: For purposes of this subparagraph in computing the amounts under section 1886(n)(2)(C) for payment years after 2015, with respect to a Medicaid provider described in clause (iii), (iv), (v), or (vi) of paragraph (2)(B), in order to reflect the smaller size of Medicaid providers described in such clauses relative to Medicaid providers described in clauses (i) and (ii) of such paragraph (2)(B), the Secretary shall, in a manner specified by the Secretary, adjust the base amount specified in subparagraph (B) of section 1886(n)(2) and the discharge related amount calculated under subparagraph (C) of such section, including by adjusting the ranges of discharges specified in such subparagraph (C) and the amount specified in such subparagraph (C) for each discharge within such a specified range. . (d) Medicare Advantage organizations Section 1853 of the Social Security Act ( 42 U.S.C. 1395w–23 ) is amended— (1) in subsection (l)— (A) in paragraph (1)— (i) by inserting or additional eligible professionals (as described in paragraph (9)) after paragraph (2) ; and (ii) by inserting and additional eligible professionals before under such sections ; (B) in paragraph (3)(B)— (i) in clause (i) in the matter preceding subclause (I), by inserting or an additional eligible professional described in paragraph (9) after paragraph (2) ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by inserting or an additional eligible professional described in paragraph (9) after paragraph (2) ; and (II) in subclause (I), by inserting or an additional eligible professional, respectively, after eligible professional ; (C) in paragraph (3)(C), by inserting and additional eligible professionals after all eligible professionals ; (D) in paragraph (4)(D), by adding at the end the following new sentence: In the case that a qualifying MA organization attests that not all additional eligible professionals of the organization are meaningful EHR users with respect to an applicable year, the Secretary shall apply the payment adjustment under this paragraph based on the proportion of all such additional eligible professionals of the organization that are not meaningful EHR users for such year. ; (E) in paragraph (6)(A), by inserting and, as applicable, each additional eligible professional described in paragraph (9) after paragraph (2) ; (F) in paragraph (6)(B), by inserting and, as applicable, each additional eligible hospital described in paragraph (9) after subsection (m)(1) ; (G) in paragraph (7)(A), by inserting and, as applicable, additional eligible professionals after eligible professionals ; (H) in paragraph (7)(B), by inserting and, as applicable, additional eligible professionals after eligible professionals ; (I) in paragraph (8)(B), by inserting and additional eligible professionals described in paragraph (9) after paragraph (2) ; and (J) by adding at the end the following new paragraph: (9) Additional eligible professional described With respect to a qualifying MA organization, an additional eligible professional described in this paragraph is an additional eligible professional (as defined for purposes of section 1848(o)) who— (A) (i) is employed by the organization; or (ii) (I) is employed by, or is a partner of, an entity that through contract with the organization furnishes at least 80 percent of the entity’s Medicare patient care services to enrollees of such organization; and (II) furnishes at least 80 percent of the professional services of the additional eligible professional covered under this title to enrollees of the organization; and (B) furnishes, on average, at least 20 hours per week of patient care services. ; and (2) in subsection (m)— (A) in paragraph (1)— (i) by inserting or additional eligible hospitals (as described in paragraph (7)) after paragraph (2) ; and (ii) by inserting and additional eligible hospitals before under such sections ; (B) in paragraph (3)(A)(i), by inserting or additional eligible hospital after eligible hospital ; (C) in paragraph (3)(A)(ii), by inserting or an additional eligible hospital after eligible hospital in each place it occurs; (D) in paragraph (3)(B)— (i) in clause (i), by inserting or an additional eligible hospital described in paragraph (7) after paragraph (2) ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by inserting or an additional eligible hospital described in paragraph (7) after paragraph (2) ; and (II) in subclause (I), by inserting or an additional eligible hospital, respectively, after eligible hospital ; (E) in paragraph (4)(A), by inserting or one or more additional eligible hospitals (as defined in section 1886(n)), as appropriate, after section 1886(n)(6)(A)) ; (F) in paragraph (4)(D), by adding at the end the following new sentence: In the case that a qualifying MA organization attests that not all additional eligible hospitals of the organization are meaningful EHR users with respect to an applicable period, the Secretary shall apply the payment adjustment under this paragraph based on the methodology specified by the Secretary, taking into account the proportion of such additional eligible hospitals, or discharges from such hospitals, that are not meaningful EHR users for such period. ; (G) in paragraph (5)(A), by inserting and, as applicable, each additional eligible hospital described in paragraph (7) after paragraph (2) ; (H) in paragraph (5)(B), by inserting and additional eligible hospitals, as applicable, after eligible hospitals ; (I) in paragraph (6)(B), by inserting and additional eligible hospitals described in paragraph (7) after paragraph (2) ; and (J) by adding at the end the following new paragraph: (7) Additional eligible hospital described With respect to a qualifying MA organization, an additional eligible hospital described in this paragraph is an additional eligible hospital (as defined in section 1886(n)(6)(C)) that is under common corporate governance with such organization and serves individuals enrolled under an MA plan offered by such organization. . IX Servicemembers and Veterans Mental Health 901. Preliminary mental health assessments (a) In general Chapter 31 of title 10, United States Code, is amended by adding at the end the following new section: 520d. Preliminary mental health assessments (a) Provision of mental health assessment Before any individual enlists in an Armed Force or is commissioned as an officer in an Armed Force, the Secretary concerned shall provide the individual with a mental health assessment. The Secretary shall use such results as a baseline for any subsequent mental health examinations, including such examinations provided under sections 1074f and 1074m of this title. (b) Use of assessment The Secretary may not consider the results of a mental health assessment conducted under subsection (a) in determining the assignment or promotion of a member of the Armed Forces. (c) Application of privacy laws With respect to applicable laws and regulations relating to the privacy of information, the Secretary shall treat a mental health assessment conducted under subsection (a) in the same manner as the medical records of a member of the Armed Forces. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 520c the following new item: 520d. Preliminary mental health assessments. . (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on preliminary mental health assessments of members of the Armed Forces. (2) Matters included The report under paragraph (1) shall include the following: (A) Recommendations with respect to establishing a preliminary mental health assessment of members of the Armed Forces to bring mental health screenings to parity with physical screenings of members. (B) Recommendations with respect to the composition of the mental health assessment, best practices, and how to track assessment changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions. (3) Coordination The Secretary shall carry out paragraph (1) in coordination with the Secretary of Veterans Affairs, the Uniformed Services University of the Health Sciences, the surgeons general of the military departments, and other relevant experts. 902. Unlimited eligibility for health care for mental illnesses for veterans of combat service during certain periods of hostilities and war (a) Eligibility Section 1710(e)(1) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (G) Notwithstanding paragraphs (2) and (3), a veteran who served on active duty in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during World War II, the Korean conflict, the Vietnam Era, the Persian Gulf war, Operation Iraqi Freedom, Operation Enduring Freedom, or any other period of war after the Persian Gulf war, or in combat against a hostile force during a period of hostilities (as defined in section 1712A(a)(2)(B) of this title), is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any mental illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such service. . (b) Effective date Subparagraph (G) of section 1710(e)(1) of title 38, United States Code, as added by subsection (a), shall apply with respect to hospital care, medical services, and nursing home care provided on or after the date of the enactment of this Act. 903. Timeline for implementing integrated electronic health records (a) Establishment of timeline Section 1635 of the Wounded Warrior Act ( 10 U.S.C. 1071 note) is amended by adding at the end the following new subsection: (k) Timeline In carrying out this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that— (1) the creation of a health data authoritative source is achieved by not later than 180 days after the date of the enactment of this subsection; (2) the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download the medical records of the patient (commonly referred to as the Blue Button Initiative ) is achieved by not later than 365 days after the date of the enactment of this subsection; (3) the seamless integration of personal health care information between the Departments is achieved by not later than 365 days after the date of the enactment of this subsection; (4) the standardization of health care data of the Departments is achieved by not later than 365 days after the date of the enactment of this subsection; (5) the acceleration of the exchange of real-time data between the Departments is achieved by not later than 365 days after the date of the enactment of this subsection; (6) the upgrade of the graphical user interface to display the new standardized health care data of the Departments is achieved by not later than 365 days after the date of the enactment of this subsection; (7) each incoming member of the Armed Forces and the dependent of such a member may elect to receive an electronic copy of the health care record of the individual beginning not later than October 1, 2014; and (8) each current member of the Armed Forces and the dependent of such a member may elect to receive an electronic copy of the health care record of the individual beginning not later than October 1, 2015. . (b) Cloud storage Section 1635 of such Act is further amended by adding at the end the following new subsection: (l) Cloud storage The Secretary of Defense and the Secretary of Veterans Affairs shall study the feasibility of establishing a secure, remote, network-accessible computer storage system (commonly referred to as cloud storage ) to— (1) provide members of the Armed Forces and veterans the ability to upload the health care records of the member or veteran if the member or veteran elects to do so; and (2) allow medical providers of the Department of Defense and the Department of Veterans Affairs to access such records in the course of providing care to the member or veteran. . (c) Conforming amendments Section 1635 of such Act is further amended— (1) in subsection (a), by striking The Secretary and inserting In accordance with the timeline described in subsection (k), the Secretary ; and (2) in the matter preceding paragraph (1) of subsection (e), by inserting in accordance with subsection (k) after under this section . 904. Pilot program for repayment of educational loans for certain psychiatrists of Veterans Health Administration (a) Pilot program (1) Establishment The Secretary of Veterans Affairs shall carry out a pilot program to repay a loan of an individual described in paragraph (2) that— (A) was used by the individual to finance education regarding psychiatric medicine, including education leading to an undergraduate degree and education leading to the degree of doctor of medicine or of doctor of osteopathy; and (B) was obtained from a governmental entity, private financial institution, school, or other authorized entity, as determined by the Secretary. (2) Eligible individuals To be eligible to obtain a loan repayment under this subsection, an individual shall— (A) either— (i) be licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) be enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) as determined appropriate by the Secretary, demonstrate a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, including by requiring a set number of years of obligated service. (3) Selection The Secretary shall select not less than 10 individuals described in paragraph (2) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (4) Loan repayments (A) Amounts Subject to the limits established by subparagraph (B), a loan repayment under this subsection may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual described in paragraph (2) for all educational expenses (including tuition, fees, books, and laboratory expenses) relating to a degree described in paragraph (1)(A). (B) Limit For each year of obligated service that an individual agrees to serve in an agreement described in paragraph (2)(B), the Secretary may pay not more than $60,000 on behalf of the individual. (5) Breach (A) Liability An individual who participates in the pilot program under paragraph (1) who fails to satisfy the commitment described in paragraph (2)(B) shall be liable to the United States, in lieu of any service obligation arising from such participation, for the amount which has been paid or is payable to or on behalf of the individual under the program, reduced by the proportion that the number of days served for completion of the service obligation bears to the total number of days in the period of obligated service of the individual. (B) Repayment period Any amount of damages which the United States is entitled to recover under this paragraph shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement. (6) Prohibition on simultaneous eligibility An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual may not participate in the pilot program under paragraph (1). (7) Report Not later than 90 days after the date on which the pilot program terminates under paragraph (7), the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the pilot program. The report shall include the overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration, the long-term stability of such workforce, and overall workforce strategies of the Veterans Health Administration that seek to promote the physical and mental resiliency of all veterans. (8) Regulations The Secretary shall prescribe regulations to carry out this subsection, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (9) Termination The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. (b) Comptroller general study on pay disparities of psychiatrists of veterans health administration (1) Study Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. The study shall include— (A) an examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to such disparities; and (B) recommendations with respect to legislative or regulatory actions to improve equity in pay among such psychiatrists. (2) Report Not later than one year after the date on which the Comptroller General completes the study under paragraph (1), the Comptroller General shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report containing the results of the study. X Making Parity Work 1001. GAO study on mental health and substance use disorder parity enforcement efforts Not later than one year after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of Health and Human Services and the Secretary of Labor, shall submit to Congress a report detailing the enforcement efforts of the responsible departments and agencies in implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act (subtitle B of title V of division C of Public Law 110–343 ), including— (1) the number of investigations that have been conducted into potential parity violations; and (2) details on the investigation or enforcement action that was carried out as a result of such investigations that would not identify the subject of such investigation or enforcement. 1002. Report to Congress on Federal assistance to State insurance regulators regarding mental health parity enforcement Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report detailing— (1) the ways in which State governments and State insurance regulators are either empowered or required to enforce the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (subtitle B of title V of division C of Public Law 110–343 ); (2) their capability to carry out these enforcement powers or requirements; and (3) any technical assistance to State government and State insurance regulators that has been communicated by the Department of Health and Human Services. 1003. Annual report to Congress by Secretaries of Labor and Health and Human Services Not later than one year after the date of enactment of this Act, and annually thereafter, the Secretary of Labor, in coordination with the Secretary of Health and Human Services, shall submit to Congress a report— (1) describing the actions taken by the Federal Government and the States to ensure compliance with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (subtitle B of title V of division C of Public Law 110–343 ); (2) including a collection and classification of inquiries and complaints regarding the implementation or enforcement of such Act; (3) including a transparent de-identified report of all Federal and State actions to enforce such Act; and (4) include a compliance guide that includes— (A) detailed answers to relevant questions raised during the previous year concerning implementation or enforcement of such Act; and (B) specific guidelines providing clear interpretations of such Act and the regulations thereunder.
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113-hr-4575
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I 113th CONGRESS 2d Session H. R. 4575 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Cook introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to acquire land to operate a visitor center for Joshua Tree National Park, and for other purposes.
1. Visitor Center for Joshua Tree National Park The California Desert Protection Act of 1994 ( 16 U.S.C. 410aaa et seq. ) is amended by inserting after section 407 the following: 408. Visitor Center The Secretary is authorized to acquire not more than five acres of land and interests in land, and improvements thereon, outside the boundaries of Joshua Tree National Park, in the unincorporated village of Joshua Tree, for the purpose of operating a visitor center. The Secretary shall modify the boundary of the park to include the land acquired under this section as a noncontiguous parcel. Lands and facilities acquired under this section— (1) may include the property currently owned by the Joshua Tree National Park Association and commonly referred to as the Joshua Tree National Park Visitor Center ; (2) shall be administered by the Secretary as part of Joshua Tree National Park; and (3) may be acquired only with the consent of the owner, by donation, purchase with donated or appropriated funds, or exchange. .
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113-hr-4576
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I 113th CONGRESS 2d Session H. R. 4576 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Ms. DeLauro (for herself, Ms. Esty , Mr. Himes , and Mr. Sean Patrick Maloney of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Secretary of Transportation to establish and implement a fatigue management plan, and for other purposes.
1. Functioning alerter Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to ensure that all controlling locomotives operated at speeds in excess of 25 mph, regardless of the date on which the locomotive is placed in service for the first time, are equipped with a functioning alerter as described in paragraphs (b) through (d) of section 229.140 of title 49, Code of Federal Regulations. 2. Fatigue management plan (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall require all railroad carriers to establish and implement a fatigue management plan that identifies and evaluates any fatigue related railroad safety hazards on its system and determine the degree of risk associated with each hazard. (b) Contents The plan required under subsection (a) shall— (1) be completed in accordance with the requirements in section 20156(f) of title 49, United States Code; and (2) include consideration of sleep disorders, continuing treatment, and management of those risks in order to reduce fatigue experienced by operating railroad employees. (c) Submission The plan required under subsection (a) shall be submitted to the Secretary for approval. (d) Consensus In preparing the plan required under subsection (a), each railroad shall use good faith and best efforts in accordance with section 20156(g) of such title to reach an agreement with affected employees. 3. Positive train control report (a) Report Not later than 6 months after the date of enactment of this Act, and biannually thereafter, the Secretary of Transportation shall require any railroad carrier implementing a positive train control system in accordance with section 20157 of title 49, United States Code, to submit to the Secretary a report regarding the status of the progress of the implementation. (b) Submission to Congress Upon receipt of the report under subsection (a), the Secretary shall submit the report to Congress. 4. Redundant signal protection Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to require that on-track safety programs, as described in subpart C of part 214 of title 49, Code of Federal Regulations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection. 5. Hours of service (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall ensure that railroad carriers provide railroad employees with predictable and defined work and rest schedules. Predictable work schedules for railroad employees means either a defined start time or a minimum of 10 hours prior notification before being required to report to duty. (b) Supplemental regulation Any requirement under subsection (a) shall supplement, and not supplant, the requirements of section 21103 of title 49, United States Code.
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113-hr-4577
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I 113th CONGRESS 2d Session H. R. 4577 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Griffith of Virginia (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to ensure equal access of Medicare beneficiaries to community pharmacies in underserved areas as network pharmacies under Medicare prescription drug coverage, and for other purposes.
1. Short title This Act may be cited as the Ensuring Seniors Access to Local Pharmacies Act of 2014 . 2. Allowing any willing pharmacy serving an underserved area to become a network pharmacy under Medicare prescription drug coverage (a) In general Section 1860D–4(b)(1)(B) of the Social Security Act ( 42 U.S.C. 1395w–104(b)(1)(B) ) is amended— (1) by striking Discounts allowed for network pharmacies. —For and inserting the following: Discounts allowed for network pharmacies. — (i) In general For ; and (2) by adding at the end the following new clause: (ii) Inclusion of pharmacies located in underserved areas in networks In the case of a prescription drug plan that has, in its network of pharmacies, one or more pharmacies located in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act), in a medically underserved area (according to a designation under section 330(b)(3)(A) of the Public Health Service Act), or among a medically underserved population (as defined in such section 330(b)(3)(A) of such Act), and that provides a reduction in coinsurance or copayments described in clause (i) for covered part D drugs dispensed through such pharmacies, such plan shall extend to any pharmacy located in such area or among such population the option to be an in-network pharmacy with respect to such plan under terms and conditions (including the reductions described in clause (i)) comparable to those the plan has agreed upon with other in-network pharmacies located in such area or among such population. . (b) Effective date The amendments made by this section shall apply to plan years beginning on or after January 1, 2016.
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113-hr-4578
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I 113th CONGRESS 2d Session H. R. 4578 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mrs. Lowey (for herself, Mr. Farr , Mr. Honda , Mr. Kennedy , and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require that Peace Corps volunteers be subject to the same limitations regarding coverage of abortion services as employees of the Peace Corps with respect to coverage of such services, and for other purposes.
1. Short title This Act may be cited as the Peace Corps Equity Act of 2014 . 2. Findings Congress makes the following findings: (1) Women of the United States, particularly women serving the United States overseas, deserve a basic standard of care when it comes to their health. (2) Since its founding in 1961, the Peace Corps has advanced interests of the United States by working to promote peace and friendship between the United States and the 139 countries in which the Peace Corps has operated. (3) Over the past 50 years, more than 210,000 Peace Corps volunteers have served the United States by working in developing countries to address needs in areas such as education, health, youth and community development, business and information and communications technology, agriculture, and the environment. (4) More than 60 percent of the more than 8,000 current Peace Corps volunteers are women. (5) Peace Corps volunteers face inherent risks to their safety and security by virtue of living and working abroad. (6) Data from the Peace Corps from 2000 to 2009 indicate that more than 1,000 Peace Corps volunteers experienced sexual assaults, including 221 rapes or attempted rapes. Data from the Peace Corps also show that incidents of sexual assault and rape against volunteers often go unreported. (7) Recognizing the high incidence of sexual assault in the Peace Corps, Congress enacted the Kate Puzey Peace Corps Volunteer Protection Act of 2011 ( Public Law 112–57 ) to strengthen protections and support for sexual assault survivors. (8) Since fiscal year 1979, annual appropriations Acts have prohibited the Peace Corps from covering abortion services for its volunteers (including trainees), even in cases of rape, incest, and life endangerment of the woman. Employees of the Peace Corps, on the other hand, are provided this coverage. (9) Abortion services in cases of rape, incest, and life endangerment of the woman are now available to almost all groups of women of the United States covered by Federal law, except Peace Corps volunteers. (10) Abortion coverage in cases of rape, incest, and life endangerment of the woman is available to most women, excluding Peace Corps volunteers, covered under Federal health plans, including employees covered by the Federal Employee Health Benefits Program, servicewomen covered by TRICARE, Native Americans covered by the Indian Health Service, women inmates and immigration detainees, and Medicaid and Medicare recipients. (11) There is no rational basis for denying Peace Corps volunteers a basic health care benefit that is extended to other women covered under Federal health care plans. 3. Equitable treatment of Peace Corps volunteers and employees with respect to coverage of abortion services Section 5(e) of the Peace Corps Act ( 22 U.S.C. 2504(e) ) is amended— (1) by striking (e) Volunteers and inserting the following: (e) Health care (1) In general Volunteers ; and (2) by adding at the end the following: (2) Equitable treatment of volunteers and employees with respect to coverage of abortion services (A) In general Coverage of abortion services by the Peace Corps for volunteers shall be subject to the same limitations as the limitations that apply to employees of the Peace Corps with respect to coverage by the Peace Corps of such services. (B) Applicability Subparagraph (A) shall apply notwithstanding any provision of law, including a provision of law enacted after the date of the enactment of the Peace Corps Equity Act of 2014, unless such law explicitly excludes application of such subparagraph by reference to such subparagraph. (C) Construction This paragraph may not be construed to limit coverage of medical evacuations. .
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113-hr-4579
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I 113th CONGRESS 2d Session H. R. 4579 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Salmon (for himself, Mr. Hastings of Florida , Mr. Roe of Tennessee , Mr. Garcia , Mr. Guthrie , Mr. Hunter , Mr. Walberg , Mr. Murphy of Florida , and Mr. Engel ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Education to verify that individuals have made a commitment to serve in the Armed Forces or in public service, or otherwise are a borrower on an eligible loan which has been submitted to a guaranty agency for default aversion or is already in default, before such individuals obtain a consolidation loan for purposes specified under section 455(o) of the Higher Education Act of 1965.
1. Required verification Section 428C of the Higher Education Act of 1965 ( 20 U.S.C. 1078–3 ) is amended— (1) in subsection (a)(3)(B)(i)(V)(aa), by inserting before the period at the end the following: in a case in which the Secretary verifies that the individual is currently eligible for income contingent repayment or income-based repayment and that the loan(s) in question have been submitted to the guaranty agency for default aversion or if the loan is already in default ; (2) in subsection (a)(3)(B)(i)(V)(bb), by inserting before the period at the end the following: in a case in which the Secretary verifies with documentation that the individual is, at the time of the application, employed in a public service job, as that term is defined in section 455(m)(3) ; (3) in subsection (a)(3)(B)(i)(V)(cc), by inserting before the period at the end the following: in a case in which the Secretary verifies that the individual is a member of a regular or reserve component of the Armed Forces by contacting the Secretary of the military department or the Secretary of Homeland Security, as the case may be, having jurisdiction over the Armed Force in which the individual claims to be a member ; and (4) in subsection (b)(5), by inserting after the second sentence the following: In addition, the Secretary shall not offer any loans offered under this paragraph unless the Secretary has received verification described in subsection (a)(3)(B)(i)(V) (aa)–(cc), as applicable. .
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113-hr-4580
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I 113th CONGRESS 2d Session H. R. 4580 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Schiff (for himself, Mr. Honda , Mr. Walz , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration.
1. Short title This Act may be cited as the Improving Clinical Care Workforce for Our Vets Act . 2. Modification of authorities on collective bargaining of employees of the Veterans Health Administration Section 7422 of title 38, United States Code, is amended— (1) by striking subsections (b), (c), and (d); and (2) by redesignating subsection (e) as subsection (b).
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113-hr-4581
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I 113th CONGRESS 2d Session H. R. 4581 IN THE HOUSE OF REPRESENTATIVES May 6, 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. (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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https://www.govinfo.gov/content/pkg/BILLS-113hr4581ih/xml/BILLS-113hr4581ih.xml
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113-hr-4582
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I 113th CONGRESS 2d Session H. R. 4582 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Tierney (for himself, Mr. George Miller of California , Mr. Courtney , Mr. Hinojosa , Mr. Holt , Mr. Grijalva , Mr. Bishop of New York , Mr. Scott of Virginia , Ms. Fudge , Mr. Sablan , Ms. Wilson of Florida , Ms. Bonamici , Mr. Takano , Ms. Lee of California , Mr. Blumenauer , Mr. Vargas , Mr. Castro of Texas , Ms. Shea-Porter , Ms. Norton , Ms. Tsongas , Mr. Pocan , and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Higher Education Act of 1965 to provide for the refinancing of certain Federal student loans, and for other purposes.
1. Short title This Act may be cited as the Bank on Students Emergency Loan Refinancing Act . 2. Refinancing programs (a) Program authority Section 451(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1087a(a) ) is amended— (1) by striking and (2) and inserting (2) ; and (2) by inserting ; and (3) to make loans under section 460A and section 460B after section 459A . (b) Refinancing Program Part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) is amended by adding at the end the following: 460A. Refinancing FFEL and Federal Direct Loans (a) In general Beginning not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act , the Secretary shall establish a program under which the Secretary, upon the receipt of an application from a qualified borrower, reissues the borrower's original loan under this part or part B as a loan under this part, in accordance with the provisions of this section, in order to permit the borrower to obtain the interest rate provided under subsection (c). (b) Reissuing Loans (1) Federal Direct Loans Upon application of a qualified borrower, the Secretary shall reissue a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan of the qualified borrower, for which the first disbursement was made, or the application for the consolidation loan was received before July 1, 2013, in an amount equal to the sum of— (A) the unpaid principal, accrued unpaid interest, and late charges of the original loan; and (B) the administrative fee under subsection (d)(3). (2) Discharging and reissuing FFEL program loans as refinanced Federal Direct Loans Upon application of a qualified borrower for any loan that was made, insured, or guaranteed under part B and for which the first disbursement was made, or the application for the consolidation loan was received, before July 1, 2010, the Secretary shall reissue such loan as a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan and the administrative fee under subsection (d)(3), to the borrower in accordance with the following: (A) The Secretary shall pay the proceeds of such reissued loan to the eligible lender of the loan made, insured, or guaranteed under part B, in order to discharge the borrower from any remaining obligation to the lender with respect to the original loan. (B) The Secretary shall reissue— (i) a loan originally made, insured, or guaranteed under section 428 as a Federal Direct Stafford Loan; (ii) a loan originally made, insured, or guaranteed under section 428B as a Federal Direct PLUS Loan; (iii) a loan originally made, insured, or guaranteed under section 428H as a Federal Direct Unsubsidized Stafford Loan; and (iv) a loan originally made, insured, or guaranteed under section 428C as a Federal Direct Consolidation Loan. (C) The interest rate for each loan reissued under this paragraph shall be the rate provided under subsection (c). (c) Interest rates (1) In general The interest rate for the reissued Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans, shall be a rate equal to— (A) in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to an undergraduate student, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; (B) in any case where the original loan was a loan under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to a graduate or professional student, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; (C) in any case where the original loan was a loan under section 428B or a Federal Direct PLUS Loan, a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; and (D) in any case where the original loan was a loan under section 428C or a Federal Direct Consolidation Loan, a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014. (2) Fixed Rate The applicable rate of interest determined under paragraph (1) for a reissued loan under this section shall be fixed for the period of the loan. (d) Terms and conditions of loans (1) In general A loan that is reissued under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. (2) No automatic extension of repayment period Reissuing a loan under this section shall not result in the extension of the duration of the repayment period of the loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). (3) Administrative fee The Secretary shall charge the borrower of a loan reissued under this section an administrative fee of not more than 0.5 percent of the sum of the unpaid principal, and accrued unpaid interest and late charges, of the original loan. (e) Definition of qualified borrower (1) In General For purposes of this section, the term qualified borrower means a borrower— (A) of a loan under this part or part B for which the first disbursement was made, or the application for a consolidation loan was received, before July 1, 2013; and (B) who meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary. (2) Income requirements Not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act , the Secretary shall establish eligibility requirements based on income or debt-to-income ratio that take into consideration providing access to refinancing under this section for borrowers with the greatest financial need. (f) Expiration of authority The Secretary's authority to reissue loans under this section shall expire on the date that is determined in accordance with section 4 of the Bank on Students Emergency Loan Refinancing Act . 460B. Federal Direct Refinanced Private Loan program (a) Definitions In this section: (1) Eligible private education loan The term eligible private education loan means a private education loan, as defined in section 140 of the Truth in Lending Act (15 U.S.C. 1650), that— (A) was disbursed to the borrower before July 1, 2013; and (B) was for the borrower’s own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed. (2) Federal Direct Refinanced Private Loan The term Federal Direct Refinanced Private Loan means a loan issued under subsection (b)(1). (3) Private educational lender The term private educational lender has the meaning given the term in section 140 of the Truth in Lending Act ( 15 U.S.C. 1650 ). (4) Qualified borrower The term qualified borrower means an individual who— (A) has an eligible private education loan; (B) has been current on payments on the eligible private education loan for the 6 months prior to the date of the qualified borrower's application for refinancing under this section, and is in good standing on the loan at the time of such application; (C) is not in default on the eligible private education loan or on any loan made, insured, or guaranteed under this part or part B or E; and (D) meets the eligibility requirements based on income or debt-to-income ratio established by the Secretary under subsection (b)(2). (b) Program authorized (1) In general The Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon application by a qualified borrower who has an eligible private education loan, shall issue such borrower a loan under this part in accordance with the following: (A) The loan issued under this program shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan and the origination fee under subsection (f). (B) The Secretary shall pay the proceeds of the loan issued under this program to the private educational lender of the private education loan, in order to discharge the qualified borrower from any remaining obligation to the lender with respect to the original loan. (C) The Secretary shall require that the qualified borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (viii) of section 485(b)(1)(A) before the loan is reissued in accordance with this section, and before the proceeds of such loan are paid to the private educational lender. (D) The Secretary shall issue the loan as a Federal Direct Refinanced Private Loan, which shall have the same terms, conditions, and benefits as a Federal Direct Unsubsidized Stafford Loan, except as otherwise provided in this section. (2) Income requirements Not later than 180 days after the date of enactment of the Bank on Students Emergency Loan Refinancing Act , the Secretary shall establish eligibility requirements based on income or debt-to-income ratio that take into consideration providing access to refinancing under this section for borrowers with the greatest financial need. (c) Interest rate (1) In general The interest rate for a Federal Direct Refinanced Private Loan is— (A) in the case of a Federal Direct Refinanced Private Loan for a private education loan originally issued for undergraduate postsecondary educational expenses, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014; and (B) in the case of a Federal Direct Refinanced Private Loan for a private education loan originally issued for graduate or professional degree postsecondary educational expenses, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014. (2) Combined undergraduate and graduate study loans If a Federal Direct Refinanced Private Loan is for a private educational loan originally issued for both undergraduate and graduate or professional postsecondary educational expenses, the interest rate shall be a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2013, and ending on June 30, 2014. (3) Fixed Rate The applicable rate of interest determined under this subsection for a Federal Direct Refinanced Private Loan shall be fixed for the period of the loan. (d) No inclusion in aggregate limits The amount of a Federal Direct Refinanced Private Loan, or a Federal Direct Consolidated Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be included in calculating a borrower's annual or aggregate loan limits under section 428 or 428H. (e) No eligibility for service-Related repayment Notwithstanding sections 428K(a)(2)(A), 428L(b)(2), 455(m)(3)(A), and 460(b), a Federal Direct Refinanced Private Loan, or any Federal Direct Consolidation Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be eligible for any loan repayment or loan forgiveness program under section 428K, 428L, or 460 or for the repayment plan for public service employees under section 455(m). (f) Origination fee The Secretary shall charge the borrower of a Federal Direct Refinanced Private Loan an origination fee that equals the origination fee charged for Federal Direct Unsubsidized Stafford Loans disbursed on the date upon which the Federal Direct Refinanced Private Loan is issued. (g) Expiration of Authority The Secretary's authority to reissue loans under this section shall expire on the date that is determined in accordance with section 4 of the Bank on Students Emergency Loan Refinancing Act . . (c) Amendments to public service repayment plan provisions Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) the following: (3) Special rules for section 460A loans (A) Refinanced Federal Direct loans Notwithstanding paragraph (1), in determining the number of monthly payments that meet the requirements of such paragraph for an eligible Federal Direct Loan reissued under section 460A that was originally a loan under this part, the Secretary shall include all monthly payments made on the original loan that meet the requirements of such paragraph. (B) Refinanced FFEL loans In the case of an eligible Federal Direct Loan reissued under section 460A that was originally a loan under part B, only monthly payments made after the date on which the loan was reissued may be included for purposes of paragraph (1). ; and (3) in paragraph (4)(A) (as redesignated by paragraph (1)), by inserting (including any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan reissued under section 460A) before the period at the end. (d) Income-Based repayment Section 493C of the Higher Education Act of 1965 ( 20 U.S.C. 1098e ) is amended by adding at the end the following: (f) Special rule for refinanced loans (1) Refinanced Federal Direct and FFEL loans In calculating the period of time during which a borrower of a loan that is reissued under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the reissued loan, that otherwise meet the requirements of this section. (2) Federal Direct Refinanced Private Loans In calculating the period of time during which a borrower of a Federal Direct Refinanced Private Loan under section 460B has made monthly payments for purposes of subsection (b)(7), the Secretary shall include only payments— (A) that are made after the date of the issuance of the Federal Direct Refinanced Private Loan; and (B) that otherwise meet the requirements of this section. . 3. Fair share tax on high-income taxpayers (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VII Fair share tax on high-income taxpayers Sec. 59B. Fair share tax. 59B. Fair share tax (a) General rule (1) Phase-in of tax In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of— (A) the amount determined under paragraph (2), and (B) a fraction (not to exceed 1)— (i) the numerator of which is the excess of— (I) the taxpayer's adjusted gross income, over (II) the dollar amount in effect under subsection (c)(1), and (ii) the denominator of which is the dollar amount in effect under subsection (c)(1). (2) Amount of tax The amount of tax determined under this paragraph is an amount equal to the excess (if any) of— (A) the tentative fair share tax for the taxable year, over (B) the excess of— (i) the sum of— (I) the regular tax liability (as defined in section 26(b)) for the taxable year, (II) the tax imposed by section 55 for the taxable year, plus (III) the payroll tax for the taxable year, over (ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). (b) Tentative fair share tax For purposes of this section— (1) In general The tentative fair share tax for the taxable year is 30 percent of the excess of— (A) the adjusted gross income of the taxpayer, over (B) the modified charitable contribution deduction for the taxable year. (2) Modified charitable contribution deduction For purposes of paragraph (1)— (A) In general The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as— (i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to (ii) such amount, determined before the application of section 68. (B) Taxpayer must itemize In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. (c) High-Income taxpayer For purposes of this section— (1) In general The term high-income taxpayer means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). (2) Inflation adjustment (A) In general In the case of a taxable year beginning after 2015, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. (d) Payroll tax For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of— (1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes are attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during the taxable year, over (2) the deduction allowable under section 164(f) for such taxable year. (e) Special rule for estates and trusts For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). (f) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55. . (b) Conforming amendment Section 26(b)(2) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (C) through (X) as subparagraphs (D) through (Y), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) section 59B (relating to fair share tax), . (c) Clerical amendment The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part VII—Fair share tax on high-Income taxpayers . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 4. Deficit Neutral Implementation of Student Loan Refinancing Programs (a) Amount of revenue The Secretary of Education shall estimate the amount that is equal to the amount of the net increase in revenue received in the Treasury during the 10-year period beginning on the date of enactment of the Bank on Students Emergency Loan Refinancing Act attributable to the amendments made by section 3 of the Bank on Students Emergency Loan Refinancing Act . (b) Deficit-Neutral Termination of the Refinancing Program The Secretary of Education shall terminate the refinancing programs carried out under sections 460A and 460B of the Higher Education Act of 1965 on the date that the net cost of carrying out such refinancing programs is equal to the amount of additional revenue estimated under subsection (a). (c) Methodology When estimating cost and revenue under this section, the Secretary shall utilize the accounting methods and assumptions that are used by the Congressional Budget Office, as of the date of enactment of this Act, to make such estimations.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4582ih/xml/BILLS-113hr4582ih.xml
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113-hr-4583
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I 113th CONGRESS 2d Session H. R. 4583 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Ms. Tsongas (for herself, Mr. Petri , Mr. Ellison , Mr. Langevin , Ms. Schwartz , Mr. McGovern , Mr. Enyart , Mr. O’Rourke , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To modify certain requirements for countable resources and income under the Supplemental Security Income program, and for other purposes.
1. Short title This Act may be cited as the SSI Savers Act of 2014 . 2. Increase in resource limits; inflation adjustment (a) Increase in resource limits Section 1611(a)(3) of the Social Security Act ( 42 U.S.C. 1382(a)(3) ) is amended— (1) in subparagraph (A)— (A) by striking and the last place it appears; and (B) by inserting , and to $8,250 on January 1 of the first calendar year that begins after the date of the enactment of the SSI Savers Act of 2014 before the period; and (2) in subparagraph (B)— (A) by striking and the last place it appears; and (B) by inserting , and to $5,500 on January 1 of the first calendar year that begins after the date of the enactment of the SSI Savers Act of 2014 before the period. (b) Inflation adjustment Section 1611(a)(3) of such Act ( 42 U.S.C. 1382(a)(3) ) is amended by adding at the end the following: (C) Adjustment for inflation (i) In general Whenever dollar amounts in effect under paragraphs (1)(A) and (2)(A) of this subsection are increased by a percentage under section 1617, each of the dollar amounts in effect under this paragraph shall be increased by the same percentage, and rounded to the closest multiple of $100. (ii) Requirement Each adjustment under clause (i) shall be based on the unrounded amount for the prior 12-month period. . 3. Limited exclusion from resources of certain deferred compensation and education savings arrangements Section 1613 of the Social Security Act ( 42 U.S.C. 1382b ) is amended— (1) in subsection (a)— (A) in paragraph (16), by striking and at the end; (B) in paragraph (17), by striking the period and inserting a semicolon; and (C) by inserting after paragraph (17) the following: (18) if the individual is not described in section 1611(e)(1)(B) of this Act, the value of any assets in a plan, contract, or account, annuity, or trust described in section 401(a), 403(a), 403(b), 408, 408A, 414(d), 457(b), or 501(c)(18) of the Internal Revenue Code of 1986, any retirement program or account included in any successor or similar provision that may be enacted and determined to be exempt from tax under the Internal Revenue Code of 1986, and any other retirement plan, contract, account, annuity, or trust, as determined in the sole discretion of the Commissioner, except that if the individual has attained 65 years of age, the total amount excluded under this paragraph shall not exceed— (A) $54,000 (or, if greater, the amount determined under subsection (f) of this section) if the individual does not have an eligible spouse; or (B) $80,750 (or, if greater, the amount determined under such subsection (f)) if the individual has an eligible spouse; and (19) if the individual has not attained 65 years of age, the value of— (A) any funds in a qualified tuition program (as defined in section 529 of the Internal Revenue Code of 1986) or in a Coverdell education savings account (as defined in section 530 of such Code); (B) any other education program, contract, or account, as determined in the sole discretion of the Commissioner; and (C) any individual development account established pursuant to the Assets for Independence Act or section 333B of the Consolidated Farm and Rural Development Act, or under an individual development account program funded and administered by a Federal or State agency or by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, as determined in the sole discretion of the Commissioner. ; and (2) by adding at the end the following: (f) Adjustment for inflation (1) In general Whenever dollar amounts in effect under paragraphs (1)(A) and (2)(A) of section 1611(a) are increased by a percentage under section 1617, each of the dollar amounts in effect under subsection (a)(18) of this section shall be increased by the same percentage, and rounded to the closest multiple of $100. (2) Requirement Each adjustment under paragraph (1) shall be based on the unrounded amount for the prior 12-month period. . 4. Income rules applicable to certain deferred compensation arrangements (a) Imputation of income in certain cases Section 1612 of the Social Security Act ( 42 U.S.C. 1382a ) is amended by adding at the end the following: (c) Imputation of income from certain deferred compensation arrangements (1) If the aggregate value of the assets described in section 1613(a)(18) of an eligible individual who has attained 65 years of age and is not described in section 1611(e)(1)(B) exceeds— (A) $10,750 (or, if greater, the amount determined under paragraph (2) of this subsection) if the individual does not have an eligible spouse; or (B) $16,250 (or, if greater, the amount determined under such paragraph (2)) if the individual has an eligible spouse, but does not exceed the dollar amount in effect with respect to the individual under section 1613(a)(18), the assets shall be considered income in an amount equal to the annuity value of the assets (as determined under regulations of the Commissioner of Social Security). (2) (A) Whenever dollar amounts in effect under paragraphs (1)(A) and (2)(A) of section 1611(a) are increased by a percentage under section 1617, each of the dollar amounts in effect under paragraph (1) of this subsection shall be increased by the same percentage, and rounded to the closest multiple of $100. (B) Each adjustment under paragraph (1) shall be based on the unrounded amount for the prior 12-month period. . (b) Exclusion of one-Third of distributions Section 1612(b) of such Act ( 42 U.S.C. 1382a(b) ) is amended— (1) by striking and at the end of paragraph (25); (2) by striking the period at the end of paragraph (26) and inserting ; and ; and (3) by adding at the end the following: (27) one-third of the value of any assets described in section 1613(a)(18) distributed to such individual (or such spouse). . 5. Elimination of requirement that SSI recipients apply for periodic payments from certain deferred compensation arrangements Section 1611(e)(2) of the Social Security Act ( 42 U.S.C. 1382(e)(2) ) is amended by inserting (other than payments from a plan, contract, account, annuity, or trust referred to in section 1613(a)(18)) after section 1612(a)(2)(B) . 6. Effective date The amendments made by this Act shall apply to benefits for calendar months beginning after the date of the enactment of this Act.
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113-hr-4584
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I 113th CONGRESS 2d Session H. R. 4584 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. Welch (for himself, Mr. Owens , and Mr. Huffman ) 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 increase and extend the new qualified plug-in electric drive motor vehicles credit and to enable such credit to be converted to a rebate at the point of sale.
1. Short title This Act may be cited as the Electric Credit Access Ready at Sale Act of 2014 or the Electric CARS Act . 2. Extension and modification of new qualified plug-in electric drive motor vehicles credit (a) Increase in maximum credit Paragraph (3) of section 30D(b) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $7,500 . (b) Extension Subsection (e) of section 30D of such Code is amended to read as follows: (e) Termination This section shall not apply to vehicles sold after December 31, 2020. . (c) Credit may be assigned to seller Subsection (f) of section 30D of such Code is amended by adding at the end the following new paragraph: (8) Credit may be assigned to seller (A) In general The credit which would (but for this paragraph) be allowed with respect to a vehicle under subsection (a) for any taxable year to any person (hereafter in this paragraph referred to as the initial taxpayer )— (i) if assigned by the initial taxpayer to the person who sold such vehicle to the initial taxpayer, may be taken into account by such person, and (ii) shall not be taken into account by the initial taxpayer. Any person to whom such credit is assigned under clause (i) shall be treated for purposes of this title as the taxpayer that placed such vehicle in service. (B) Disclosure requirement Subparagraph (A) shall not apply with respect to any vehicle unless the person to whom the credit is assigned clearly discloses in writing to the initial taxpayer the amount of the credit allowable under subsection (a) with respect to such vehicle (determined without regard to subsection (c)). . (d) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to vehicles acquired after the date of the enactment of this Act. (2) Subsection (c) The amendment made by subsection (c) shall apply to vehicles acquired more than 60 days after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4584ih/xml/BILLS-113hr4584ih.xml
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113-hr-4585
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V 113th CONGRESS 2d Session H. R. 4585 IN THE HOUSE OF REPRESENTATIVES May 6, 2014 Mr. George Miller of California 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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https://www.govinfo.gov/content/pkg/BILLS-113hr4585ih/xml/BILLS-113hr4585ih.xml
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113-hr-4586
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I 113th CONGRESS 2d Session H. R. 4586 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Royce introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Foreign Affairs and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure that the provision of foreign assistance does not contribute to human trafficking and to combat human trafficking by requiring greater transparency in the recruitment of foreign workers outside of the United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Fraudulent Overseas Recruitment and Trafficking Elimination 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—Transparency in the recruitment of foreign workers outside of the United States Sec. 101. Definitions. Sec. 102. Transparency in foreign recruiting by foreign labor contractors. Sec. 103. Transparency in foreign recruiting by third-party foreign labor recruiters. Sec. 104. Registration of third-party foreign labor recruiters. Sec. 105. Third-party recruitment fees. Sec. 106. Maintenance and posting of lists. Sec. 107. Enforcement. Sec. 108. Regulations; effective date; report. Title II—Other provisions Sec. 201. Ensuring that foreign assistance does not contribute to human trafficking. Sec. 202. Obligations of United States consular officers. I Transparency in the recruitment of foreign workers outside of the United States 101. Definitions As used in this title, the following definitions apply: (1) Employer The term employer shall include any parent, branch, affiliate, or subsidiary of a United States or foreign firm, corporation, or other legal entity and any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986. (2) Foreign labor contracting activity The term foreign labor contracting activity means recruiting, soliciting, or collecting funds from a prospective worker or worker who resides outside of the United States and is physically present outside of the United States at the time of such activities, in furtherance of employment in the United States, pursuant to a work-authorized nonimmigrant visa, that will compensate that worker at a rate of compensation below the rate of a highly compensated employee as required under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) and required under section 541.601(a) of title 29, Code of Federal Regulations, or any similar successor regulation, including when such activity occurs wholly outside of the United States. (3) Foreign labor contractor The term foreign labor contractor means any individual, group of individuals, or employer who performs foreign labor contracting activity or utilizes a third-party foreign labor recruiter to perform such activity, except that such term does not include— (A) any Federal, State, or local governmental entity; (B) a United States or foreign firm, corporation, or other legal entity or parent, branch, affiliate, or subsidiary thereof that hires its own existing employee from outside the United States to work for a branch of the same firm, corporation, or other legal entity or a parent, affiliate, or subsidiary thereof within the United States; or (C) any attorney or person to the extent they are assisting an employer with preparing a petition, certification, application, or other documents or filings (such as a job order to be filed with a State workforce agency) related to the legal requirements to hire a prospective worker under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) or assisting with any subsequent administrative or judicial appeals related to such petitions, certifications, applications, or related legal documents or advising the prospective worker about the visa application and consular process. (4) Prospective worker The term prospective worker means an individual who is not a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) )) or an individual lawfully admitted for permanent residence (as defined in section 101(a)(20) of such Act ( 8 U.S.C. 1101(a)(20) )) who is the subject of foreign labor contracting activity in furtherance of employment in the United States pursuant to a work-authorized nonimmigrant visa. (5) Secretary Except as otherwise specified in section 106, the term Secretary means the Secretary of Homeland Security. (6) Third-party foreign labor recruiter The term third-party foreign labor recruiter means any foreign labor contractor who receives remuneration for conducting foreign labor contracting activity, except that an employer who engages in foreign labor contracting activity solely to find workers to be employed by the employer shall not be considered a third-party foreign labor recruiter. An employer shall not be considered to be engaged in foreign labor contracting activity solely to find a worker to be employed by such employer if the worker performs duties predominantly at one or more worksites owned, operated, or controlled by another employer or employers and the other employer or employers direct and control the work of the worker. (7) Work-authorized nonimmigrant visa The term work-authorized nonimmigrant visa means a nonimmigrant visa (as defined in section 101(a)(26) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(26) )) issued to a class of nonimmigrant aliens listed in section 214(s) of such Act ( 8 U.S.C. 1184(s) ) (as added by section 202 of this Act) who are eligible under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) to be employed in the United States. (8) Worker The term worker means an individual who was the subject of foreign labor contracting activity that resulted in the individual being issued a work-authorized nonimmigrant visa. Such term does not include an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )). 102. Transparency in foreign recruiting by foreign labor contractors (a) Provision of immigration documents A foreign labor contractor (including a third-party foreign labor recruiter) who files a petition, certification, or application required under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) for the purpose of obtaining, for a prospective worker such contractor has recruited or solicited (or has had a third-party labor recruiter recruit or solicit), a work-authorized nonimmigrant visa, shall provide a copy of such petition, certification, or application to the prospective worker (but may exclude any financial or proprietary information of the employer and, in the case of a group petition, any personally identifiable information about other beneficiaries) and a copy of the approval notification regarding the petition, certification, or application to the worker (but may exclude any financial or proprietary information of the employer). (b) Prohibition on false and misleading information No foreign labor contractor (including a third-party foreign labor recruiter) described in subsection (a) shall knowingly provide materially false or misleading information to any worker or prospective worker concerning any document required to be provided under such subsection. 103. Transparency in foreign recruiting by third-party foreign labor recruiters (a) Requirement for disclosure A third-party foreign labor recruiter shall ascertain and, at the time a job offer is made, disclose to each prospective worker in writing in English and in the primary language of the worker, the following information: (1) All information that is reasonably available (including in summarized form, but not including any financial or proprietary information of the employer) that would be required to be included in a petition, certification, or application under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) for the purpose of obtaining for such worker a work-authorized nonimmigrant visa, should the employer offering the job file such a petition, certification, or application. (2) All information regarding any fees and expenses allowable under such Act that the foreign labor contractor (including a third-party foreign labor recruiter) will or may charge the worker (including any costs for housing or accommodation, transportation to and from the United States and to and from the worksite, meals, health insurance, worker’s compensation, medical examinations, health care, tools or safety equipment costs, training, or any other benefits provided). (3) A statement, in a form specified by the Secretary— (A) stating that— (i) no third-party foreign labor recruiter, or agent or employee of such a person, lawfully may assess any recruitment, placement, legal or processing fee on a prospective worker or a worker; (ii) unless required by such Act, no foreign labor contractor (including a third-party foreign labor recruiter) is required to pay for the visa or passport fees or costs of transportation to and from the United States of a prospective worker or worker; and (iii) unless prohibited by such Act, any other law of the United States or a State, or the provisions related to a written employment contract entered into as provided in paragraph (4), the employment of a worker may be terminated or modified at any time by the employer; (B) explaining that— (i) if a written employment contract is entered into as provided in paragraph (4), no material changes may be made to a the original contract signed by the prospective worker or worker without the worker having at least 24 hours to consider such changes and to provide their consent, obtained voluntarily, except that if the worker does not provide consent, the worker may be terminated or the employment modified pursuant to subparagraph (A)(iii); and (ii) any material changes made to the original contract that do not comply with clause (i) shall be a violation of this section and be subject to the enforcement under section 107; and (C) describing the protections afforded prospective workers and workers by this section, section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375c ), and the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including— (i) relevant information about the procedure for filing a complaint provided for in section 107; and (ii) the telephone number for the national human trafficking resource center hotline number. (4) If a written employment contract is entered into by a prospective worker or worker and an employer, either voluntarily by both parties or in compliance with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), a signed copy of the work contract. (b) Relationship to labor and employment laws Nothing in the disclosure required by subsection (a) shall constitute a legal conclusion as to a prospective worker’s or worker’s status or rights under any labor or employment law. Unless otherwise required by the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), a written employment contract shall not be required to establish eligibility for a work authorized nonimmigrant visa under section 214(s) of the Immigration and Nationality Act ( 8 U.S.C. 1184(s) ), as added by section 202 of this Act. (c) Prohibition on false and misleading information No third-party foreign labor recruiter shall knowingly provide materially false or misleading information to any prospective worker concerning any matter required to be disclosed under subsection (a). 104. Registration of third-party foreign labor recruiters (a) Requirement To register Prior to engaging in any foreign labor contracting activity, any individual, group of individuals, or employer who is a third-party foreign labor recruiter or who, for any money or other valuable consideration paid or promised to be paid, performs a foreign labor contracting activity on behalf of a third-party foreign labor recruiter, shall have obtained a certificate of registration from the Secretary pursuant to regulations promulgated by the Secretary under subsection (c), except that during the first year after such regulations are promulgated, any individual, group of individuals, or employer who is a third-party foreign labor recruiter or who, for any money or other valuable consideration paid or promised to be paid, performs a foreign labor contracting activity on behalf of a third-party foreign labor recruiter, may engage in foreign labor contracting activity if such individual, group, or employer has applied for a certificate of registration from the Secretary pursuant to such regulations and the certificate has not been denied. (b) Notification (1) Annual employer notification Each employer shall notify the Secretary, once each year, of the identity of any third-party foreign labor recruiter involved in any foreign labor contracting activity for, or on behalf of, the employer during that year, including at a minimum, the name and address of the third-party foreign labor recruiter, a description of the services for which the third-party foreign labor recruiter was being used, and whether the third-party foreign labor recruiter received any economic compensation for such services. (2) Annual third-party foreign labor recruiter notification Each third-party foreign labor recruiter shall notify the Secretary, once each year, of the identity of any subcontractor, agent, or other third-party foreign labor recruiter involved in any foreign labor contracting activity for, or on behalf of, the third-party foreign labor during that year. (3) Noncompliance notification An employer shall notify the Secretary of the identity of a third-party foreign labor recruiter whose activities the employer knows does not comply with this section. (4) Agreement Not later than 7 days after receiving a request from the Secretary, an employer shall provide the Secretary with the identity of any third-party foreign labor recruiter with which the employer has a contract or other agreement. (c) Regulations The Secretary shall promulgate regulations to establish an efficient electronic process for the timely investigation and approval of an application for a certificate of registration of third-party foreign labor recruiters, including— (1) a declaration, subscribed and sworn to by the applicant, stating the applicant’s permanent place of residence, the foreign labor contracting activities for which the certificate is requested, and such other relevant information as the Secretary may require; (2) a set of fingerprints of the applicant; (3) an expeditious means to update registrations and renew certificates; (4) a means of obtaining the consent of any third-party foreign labor recruiter over whom the courts of the United States would not otherwise have jurisdiction to the designation by a court for the Secretary to serve as an agent available to accept service of summons in any action against the applicant, if the applicant has left the jurisdiction in which the action is commenced, otherwise has become unavailable to accept service, or is subject to personal jurisdiction in no State; (5) providing for cooperation in any investigation by the Secretary or other appropriate authorities; (6) providing for consent to the forfeiture of any bond for willful failure or refusal to comply with these provisions; (7) providing for consent of an agent or contractor to be liable for violations of this section by such agent or subcontractor of any level in relation to the foreign labor contracting activity to the same extent as if the third-party foreign labor recruiter had committed the violation if the third-party foreign labor recruiter had knowledge of the violation; and (8) providing for consultation with other appropriate Federal agencies to determine whether any reason exists to deny registration to a third-party foreign labor recruiter. (d) Term of registration Unless suspended or revoked, a certificate under this section shall be valid for 2 years. (e) Application fee (1) Requirement for fee In addition to any other fees authorized by law, the Secretary shall impose a fee, to be deposited in the general fund of the Treasury, on a third-party foreign labor recruiter that submits an application for a certificate of registration under this section. (2) Amount of fee The amount of the fee required by paragraph (1) shall be set at a level that the Secretary determines sufficient to cover the full costs of regulating third-party foreign labor recruiter activities under this section, including worker education and any additional costs associated with the administration of the fees collected. (f) Refusal To issue; revocation In accordance with regulations promulgated by the Secretary— (1) the Secretary shall refuse to issue or renew, or shall revoke and debar from eligibility to obtain a certificate of registration for a period of not greater than 5 years, after notice and an opportunity for a hearing, a certificate of registration under this section if— (A) the applicant for, or holder of, the certification has knowingly made a material misrepresentation in the application for such certificate; (B) the applicant for, or holder of, the certification is not the real party in interest in the application or certificate of registration and the real party in interest— (i) is a person who has been refused issuance or renewal of a certificate; (ii) has had a certificate revoked; or (iii) does not qualify for a certificate under this section; (C) the applicant for, or holder of, the certification has materially failed to comply with this subsection; or (D) the Secretary issues a final order pursuant to section 107(c) finding that the applicant for, or holder of, the certification has committed a material violation of this title; and (2) the Secretary shall refuse to issue or renew, or shall revoke and debar from eligibility to obtain a certificate of registration, after notice and an opportunity for a hearing, a certificate of registration under this section if the applicant for, or holder of, the certification has been convicted of— (A) any felony under State or Federal law, any violation of section 274 of the Immigration and Nationality Act ( 8 U.S.C. 1324 ), or any crime under United States or foreign law involving sex trafficking, human trafficking, robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, prostitution, or peonage; or (B) any crime relating to gambling, or to the sale, distribution, or possession of alcoholic beverages in connection with or incident to any labor contracting activities. (g) Re-Registration of violators The Secretary shall establish a procedure by which a third-party foreign labor recruiter that has had its registration revoked under this section (other than pursuant to subsection (f)(2)) may seek to re-register under this subsection by demonstrating to the Secretary’s satisfaction that the third-party foreign labor recruiter has not violated this title in the previous 5 years and that the third party foreign labor recruiter has taken sufficient steps to prevent future violations of this title. (h) Bonding requirement The Secretary is authorized to require a third-party foreign labor recruiter to post a bond in an amount sufficient to ensure the protection of prospective workers and workers recruited by the third-party foreign labor recruiter, and to establish, by regulation, the conditions under which the bond amount is determined, paid, and forfeited. Any bond requirements or the forfeiture of any bond under this subsection are in addition to other remedies under this section or any other law. 105. Third-party recruitment fees (a) Prohibition No third-party foreign labor recruiter, or agent or employee of such a person, lawfully may assess any recruitment, placement, legal or processing fee on a prospective worker or a worker. (b) No requirement To pay for visa or passport fees Unless required by the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), no foreign labor contractor (including a third-party foreign labor recruiter) is required to pay for the visa or passport fees or costs of transportation to and from the United States of a prospective worker or worker. 106. Maintenance and posting of lists (a) In general The Secretary— (1) shall maintain an accurate list of all third-party foreign labor recruiters registered pursuant to section 104 that identifies— (A) the countries from which the contractors recruit; (B) the visa categories and occupations for which the contractors recruit; and (C) the States where recruited workers are employed; (2) shall maintain a list of all third-party foreign labor recruiters whose certificate of registration the Secretary has revoked; (3) shall update the lists required by this subsection on an ongoing basis, not less frequently than every 6 months; (4) shall make such lists publicly available, including through continuous publication on Internet websites; and (5) shall provide such lists to the Secretary of State, who shall make such lists available in written form at, and on the websites of, each United States diplomatic mission in the official language of the host country. (b) Responsibilities of the Secretary of State (1) Overseas availability of foreign labor contractor lists The Secretary of State shall make the lists required by subsection (a) publicly available in written form at, and on the websites of, each United States diplomatic and consular post in the official language of the host country. (2) Designation of personnel to receive complaints overseas The Secretary of State shall— (A) designate personnel at each such post who are responsible for receiving information regarding alleged violations of this title by third-party foreign labor recruiters, and for conveying such information to the Secretary of Homeland Security for potential use in a complaint or investigation pursuant to section 107; and (B) make publicly available on the website of each such post, in the official language of the host country, information on how to contact the personnel designated at that mission pursuant to subparagraph (A). 107. Enforcement (a) Filing and notification A worker who believes that the worker has suffered harm as a result of a material violation of this title by a third-party foreign labor recruiter or by a foreign labor contractor may, not later than the later of 180 days after the date on which such violation occurs or the worker becomes aware of such violation, but not later than two years after the date of such violation, file a complaint with the Secretary alleging such material violation. Upon receipt of such a complaint, the Secretary shall notify, in writing, the third-party foreign labor recruiter or foreign labor contractor named in the complaint of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities that will be afforded to such third-party foreign labor recruiter or foreign labor contractor under subsection (b). (b) Investigation; preliminary order (1) In general Not later than 60 days after the date of receipt of a complaint filed under subsection (a) and after affording the person named in the complaint an opportunity to submit to the Secretary a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify, in writing, by certified or registered mail, the complainant and the third-party foreign labor recruiter or foreign labor contractor alleged to have committed a material violation of this title of the Secretary’s findings. If the Secretary concludes that there is a reasonable cause to believe that a material violation of this title has occurred, the Secretary shall accompany the Secretary’s findings with a preliminary order providing the relief prescribed by subsection (c)(2). Not later than 30 days after the date of notification of findings under this subsection, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. Such hearings shall be conducted expeditiously. If objections are not filed or a hearing is not requested in such 30-day period, the preliminary order shall be deemed a final order that is not subject to judicial review. (2) Requirements (A) Required showing by complainant The Secretary shall dismiss a complaint filed under this subsection and shall not conduct an investigation otherwise required under paragraph (1) unless the complainant makes a prima facie showing that any alleged violation of this title is a material violation and that the complainant suffered harm as a result of such alleged material violation. (B) Criteria for determination by Secretary The Secretary may determine that a violation of this title has occurred only if the complainant demonstrates by a preponderance of the evidence that the violation was material and that the complainant suffered harm as a result of the violation. (c) Final order (1) Deadline for issuance; settlement agreements Not later than 120 days after the date of conclusion of a hearing under subsection (b)(1), the Secretary shall issue a final order providing the relief prescribed by paragraph (2) or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary, the complainant, and the third-party foreign labor recruiter or foreign labor contractor alleged to have committed the violation. (2) Remedy If, in response to a complaint filed under subsection (a), the Secretary determines that a material violation of this title has occurred, the Secretary shall order the third-party foreign labor recruiter or foreign labor contractor who committed such violation to— (A) take affirmative action to abate the violation; (B) provide compensatory damages to the complainant; and (C) at the request of the complainant, shall assess against the third-party foreign labor recruiter or foreign labor contractor a sum equal to the aggregate amount of all costs and expenses (including attorneys’ fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing the complaint upon which the order was issued. (3) Frivolous complaints If the Secretary determines that a complaint under subsection (a) is frivolous or has been brought in bad faith, the Secretary shall award to the prevailing third-party foreign labor recruiter foreign labor contractor reasonable attorneys’ fees and costs associated with defending against such frivolous complaint. (d) Judicial review (1) Appeal to court of appeals A complainant or third-party foreign labor recruiter or foreign labor contractor adversely affected or aggrieved by an order issued under subsection (c) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such alleged violation. The petition for review must be filed not later than 60 days after the date of the issuance of the final order of the Secretary. Review shall conform to chapter 7 of title 5, United States Code. (2) Limitation on collateral attack An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (e) Enforcement of order by Secretary of Homeland Security Whenever any person has failed to comply with an order issued under subsection (c), the Secretary may file a civil action in the United States district court for the district in which the violation was found to have occurred to enforce such order. The Department of Justice shall represent the Department of Homeland Security in any such action. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages. (f) Enforcement of order by parties (1) Commencement of action A person on whose behalf an order was issued under subsection (c) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. (2) Attorneys’ fees The district court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorneys’ fees) to any party whenever the court determines such award is appropriate. (g) Treatment of employers that hire unregistered third-Party foreign labor recruiters (1) In general An employer who hires a third-party foreign labor recruiter that is not registered under section 104 shall, for purposes of this section, be treated as the third-party foreign labor recruiter (including with regard to notice, opportunity to be heard, and the right to appeal) if the unregistered third-party foreign labor recruiter is not subject to the jurisdiction of the courts of the United States or if the Secretary determines that the circumstances are such that enforcing the provisions of this section against the unregistered foreign labor recruiter would be unreasonably difficult. (2) Exception Paragraph (1) shall not apply if, in retaining the third-party labor recruiter, the employer relied upon inaccurate or outdated information maintained by the Secretary pursuant to section 106. 108. Regulations; effective date; report (a) Regulations The Secretary and Secretary of State shall, not later than one year after the date of the enactment of this Act, prescribe regulations to implement this title and develop policies and procedures to enforce the provisions of this title. (b) Effective date The provisions of this title shall be effective upon the promulgation of the final regulations described in subsection (a) and shall apply to foreign labor contracting activity taking place on or after the effective date. (c) Report Not later than one year after the effective date, and annually for each of the following four years, the Secretary shall provide to the appropriate Congressional committees a report that includes the following information for the preceding year: (1) Regarding complaints filed pursuant to section 107(a)— (A) the number filed, both in total and broken out by visa category of the complaining worker; (B) the number that were held to be time-barred; (C) the number that resulted in a determination by the Secretary of a material violation of the requirements of this title, and a general description of the types of violations encountered during the year; and (D) the total number of final orders issued by the Secretary granting relief to a complaining worker, a general description of the types of remedies that were granted, and a general description of compensatory damages awarded during the year (including the range and the average of damages provided, both in total and broken out by visa category of the complaining worker). (2) Regarding the registration of third-party foreign labor recruiters pursuant to section 104: (A) the number of applications received, both in total and by country; (B) the number of certifications granted, both in total and by country; (C) the number of certifications refused, both in total and by country; and (D) the number of certifications revoked, both in total and by country. (d) Appropriate Congressional Committees For purposes of this section, appropriate congressional committees means— (1) the Committee on Education and the Workforce, the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House; and (2) the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Foreign Relations of the Senate. II Other provisions 201. Ensuring that foreign assistance does not contribute to human trafficking Section 106 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104 ) is amended— (1) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (2) by inserting after subsection (h) the following: (i) Prevention of trafficking in conjunction with foreign assistance The United States Agency for International Development and the Department of State shall make reasonable efforts to incorporate anti-trafficking and anti-slavery priorities into other aspects of foreign assistance, including the maintenance of systems, such as appropriate supply chain monitoring, to ensure that assistance programs do not contribute to vulnerability to, or the prevalence of, human trafficking and slavery, consistent with this Act. . 202. Obligations of United States consular officers Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) A visa shall not be issued under the subparagraph (A)(iii), (B)(i) (but only for domestic servants described in clause (i) or (ii) of section 274a.12(c)(17) of title 8, Code of Federal Regulations (as in effect on December 4, 2007)), (G)(v), (H), (J) (but only for applicants for the Summer Work Travel Program described in section 62.32 of title 22, Code of Federal Regulations (as in effect on May 11, 2012)), or (R) of section 101(a)(15) until the consular officer— (1) has provided to and reviewed with the applicant, in the applicant’s language (or a language the applicant understands), a copy of the information and resources pamphlet required by section 202 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1375c ); and (2) has reviewed and made a part of the visa file the foreign labor recruiter disclosures required by title I of the Fraudulent Overseas Recruitment and Trafficking Elimination Act of 2014, as well as a notation of whether the foreign labor recruiter is registered pursuant section 104 of that Act. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4586ih/xml/BILLS-113hr4586ih.xml
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113-hr-4587
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I 113th CONGRESS 2d Session H. R. 4587 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Ms. Ros-Lehtinen (for herself, Mr. Diaz-Balart , Mr. Salmon , Mr. Sires , Mr. Deutch , Mr. Murphy of Florida , Mr. Stockman , Mr. Garcia , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose targeted sanctions on individuals responsible for carrying out or ordering human rights abuses against the citizens of Venezuela, and for other purposes.
1. Short title This Act may be cited as the Venezuelan Human Rights and Democracy Protection Act . 2. Definition In this Act, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on the Judiciary, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing and Urban Affairs, and the Committee on the Judiciary of the Senate. 3. Findings Congress finds the following: (1) On February 12, 2014, also known in Venezuela as the National Youth Day, students began protesting in several cities against Venezuelan leader Nicolás Maduro’s inability to stem violent crime, his undemocratic actions, and a rapidly deteriorating economy marked by high inflation and shortages of consumer goods. (2) On February 12, 2014, a judge issued an arrest warrant for Leopoldo López, leader of the opposition party Voluntad Popular, for unfounded allegations in connection with the student protests. (3) On February 17, 2014, the Government of Venezuela notified the United States Department of State that it had declared 3 consular officers at the United States Embassy in Venezuela personae non gratae. (4) On February 18, 2014, opposition leader Leopoldo López turned himself in to Venezuelan authorities, was arrested, and charged with criminal incitement, conspiracy, arson, and intent to damage property. (5) Leopoldo López is currently being held in a prison at a military facility. (6) Nongovernmental human rights organizations have alleged that the charges brought against Leopoldo López appear to be a politically motivated attempt to silence dissent in the country. (7) As of May 1, 2014, there have been 41 people killed, a reported 60 cases of torture, over 100 injured, and many unjustly detained in relation to pro-democracy demonstrations throughout Venezuela. (8) On February 19, 2014, President Obama criticized the Government of Venezuela for arresting protesters, called for their release, and urged the government to focus on the legitimate grievances of the Venezuelan people . (9) According to the Department of State’s Country Reports on Human Rights Practices for 2013 for Venezuela, The principal human rights abuses reported during the year included corruption, politicization in the judicial system, and government actions to impede freedom of expression and restrict freedom of the press. The government did not respect judicial independence or permit judges to act according to the law without fear of retaliation. The government used the judiciary to intimidate and selectively prosecute political, union, business, and civil society leaders who were critical of government policies or actions. The government harassed and intimidated privately owned television stations, other media outlets, and journalists throughout the year, using threats, fines, property seizures, targeted regulations, arrests, and criminal investigations and prosecutions. . (10) According to the Department of State’s Country Reports on Human Rights Practices for 2013 for Venezuela, The following human rights problems were reported by NGOs, the media, and in some cases the government itself: unlawful killings, including summary killings by police elements; torture and other cruel, inhumane, or degrading treatment; harsh and life-threatening prison conditions and lack of due process rights that contributed to widespread violence, riots, injuries, and deaths in prisons; inadequate juvenile detention centers; arbitrary arrests and detentions; corruption and impunity in police forces; political prisoners; interference with privacy rights; corruption at all levels of government; threats against domestic NGOs; violence against women; anti-Semitism in the official media; trafficking in persons; violence based on sexual orientation and gender identity; and restrictions on workers’ right of association. . (11) According to Freedom House’s Freedom in the World report of 2013 on Venezuela, Nicolás Maduro, further weakened the independent media, reduced the opposition’s ability to serve as a check on government policy, and made threats to civil society groups. . 4. Actions at the Organization of American States The Secretary of State shall direct the United States Permanent Representative to the Organization of American States to use the voice, vote, and influence of the United States at the Organization of American States to defend and protect the Inter-American Democratic Charter, and strengthen the independent Inter-American Commission on Human Rights to advance the protection of human rights throughout the Western Hemisphere, especially in Venezuela. 5. Sanctions on persons responsible for violence in Venezuela (a) In general The President shall impose the sanctions described in subsection (b) with respect to any person, including a current or former official of the Government of Venezuela or a person acting on behalf of that Government, that the President determines— (1) has perpetrated, or is responsible for ordering, controlling, or otherwise directing, significant acts of violence or serious human rights abuses in Venezuela against individuals participating in protests in Venezuela that began on February 12, 2014; (2) has directed or ordered the arrest or prosecution of a person primarily because of the person’s legitimate exercise of freedom of expression or assembly in relation to the protests in Venezuela that began on February 12, 2014; (3) has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of acts described in paragraph (1) or (2) in relation to protests in Venezuela that began on February 12, 2014; or (4) has engaged in censorship against individuals or media outlets disseminating information in relation to protests in Venezuela that began on February 12, 2014. (b) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Asset blocking (i) In general The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are within the possession or control of a United States person. (ii) Exception (I) In general The authority to impose sanctions under clause (i) shall not include the authority to impose sanctions relating to the importation of goods. (II) Good defined In subclause (I), the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et. seq.)). (B) Aliens ineligible for visas, admission, or parole (i) Visas, admission, or parole An alien who is a person determined by the President to be subject to subsection (a) is— (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (ii) Current visas revoked (I) In general The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who meets any of the criteria described in subsection (a), regardless of when issued. (II) Effect of revocation A revocation under subclause (I) shall take effect immediately; and shall automatically cancel any other valid visa or entry documentation that is in the alien's possession. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Exception to comply with united nations headquarters agreement Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (c) Waiver The President may waive the application of sanctions under subsection (b) with respect to a person if the President— (1) determines that such a waiver is in the national security interests of the United States and on or before the date on which the waiver takes effect, submits to the appropriate congressional committees a notice of and justification for the waiver; or (2) determines that the conditions in Venezuela have improved with regard to respect for peaceful protest and basic human rights and on or before the date on which the waiver takes effect, submits to the appropriate congressional committees a notice of and justification for the waiver. (d) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (e) Definitions In this section: (1) Admitted; alien The terms admitted and alien have meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Financial institution The term financial institution has the meaning given that term in section 5312 of title 31, United States Code. (3) Materially assisted The term materially assisted means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraph (1) or (2) of subsection (a). (4) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 6. Imposition of sanctions with respect to the transfer of goods or technologies to Venezuela that are likely to be used to commit human rights abuses (a) In general The President shall impose sanctions described in section 5(b) with respect to each person on the list required under subsection (b) of this section. (b) List (1) In general Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of persons who the President determines have knowingly engaged in an activity described in paragraph (2) on or after such date of enactment. (2) Activity described (A) In general A person knowingly engages in an activity described in this paragraph if the person— (i) transfers, or facilitates the transfer of, goods or technologies described in subparagraph (C) to Venezuela, any entity organized under the laws of Venezuela, or any national of Venezuela, for use in or with respect to Venezuela; or (ii) provides services (including services relating to hardware, software, and specialized information, and professional consulting, engineering, and support services) with respect to goods or technologies described in subparagraph (C) after such goods or technologies are transferred to Venezuela. (B) Applicability to contracts and other agreements A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after the date of the enactment of this Act. (C) Goods or technologies described (i) In general Goods or technologies described in this subparagraph are goods or technologies that the President determines are likely to be used by the Government of Venezuela or any of the agencies or instrumentalities of the Government of Venezuela (or by any other person on behalf of the Government of Venezuela or any of such agencies or instrumentalities) to commit serious human rights abuses against the people of Venezuela, including— (I) firearms or ammunition (as such terms are defined in section 921 of title 18, United States Code), rubber bullets, police batons, pepper or chemical sprays, stun grenades, electroshock weapons, tear gas, water cannons, or surveillance technology; or (II) sensitive technology. (ii) Sensitive technology defined (I) In general For purposes of clause (i)(II), the term sensitive technology means hardware, software, telecommunications equipment, or any other technology, that the President determines is to be used specifically— (aa) to restrict the free flow of unbiased information in Venezuela; or (bb) to disrupt, monitor, or otherwise restrict speech of the people of Venezuela. (II) Exception The term sensitive technology does not include information or informational materials the exportation of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). (3) Special rule to allow for termination of sanctionable activity The President shall not be required to include a person on the list required under paragraph (1) if the President certifies in writing to the appropriate congressional committees that— (A) the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and (B) the President has received reliable assurances that such person will not knowingly engage in any activity described in such paragraph (2) in the future. (4) Updates of list The President shall transmit to the appropriate congressional committees an updated list under paragraph (1)— (A) not later than 180 days after the date of the enactment of this Act; and (B) as new information becomes available. (5) Form of list; public availability (A) Form The list required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability The unclassified portion of the list required under paragraph (1) shall be made available to the public and posted on the Web site of the Department of State. (c) Waiver The President may waive the application of sanctions described in section 5(b) with respect to a person on the list required under subsection (b) of this section if the President— (1) determines that such a waiver is in the national security interests of the United States and on or before the date on which the waiver takes effect, submits to the appropriate congressional committees a notice of and justification for the waiver; or (2) determines that the conditions in Venezuela have improved with regard to respect for peaceful protest and basic human rights and on or before the date on which the waiver takes effect, submits to the appropriate congressional committees a notice of and justification for the waiver. 7. Comprehensive strategy to promote Internet freedom and access to information Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in consultation with heads of other Federal departments and agencies, as appropriate, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a comprehensive strategy that is classified to the extent necessary to— (1) assist the people of Venezuela to produce, access, and share information freely and safely via the Internet; (2) increase the capabilities and availability of secure mobile and other communications through connective technology among human rights and democracy activists in Venezuela; (3) provide resources for digital safety training for media and academic and civil society organizations in Venezuela; (4) increase emergency resources for the most vulnerable human rights advocates seeking to organize, share information, and support human rights in Venezuela; (5) expand access to uncensored sources of local news and information using all available and effective mediums of communication, especially through platforms that leverage public-private partnerships; (6) expand activities to safely assist and train human rights, civil society, and democracy activists in Venezuela to operate effectively and securely; (7) expand access to proxy servers for democracy activists in Venezuela; and (8) discourage telecommunications and software companies from facilitating Internet censorship by the Government of Venezuela. 8. Comprehensive strategy to encourage Venezuela to abide by the principles enshrined in the Inter-American Democratic Charter Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a comprehensive strategy outlining how the United States is supporting the citizens of Venezuela in seeking— (1) free, fair, and transparent elections— (A) conducted with the presence of internationally recognized observers; and (B) in which— (i) all parties are permitted ample time to organize and campaign for such elections; and (ii) all candidates are permitted equitable access to the media; (2) basic civil liberties and human rights; (3) establishment of independent judiciaries and electoral councils; and (4) development of an independent civil society with the capacity to advocate on behalf of constituents. 9. Statement of policy on political prisoners It shall be the policy of the United States— (1) to support efforts to research and identify prisoners of conscience and cases of human rights abuses in Venezuela; (2) to offer refugee status or political asylum in the United States to political dissidents in Venezuela if requested and consistent with the laws and national security interests of the United States; (3) to offer to assist, through the United Nations High Commissioner for Refugees, with the relocation of such political prisoners to other countries if requested, as appropriate and with appropriate consideration for the national security interests of the United States; and (4) to publicly call for the release of Venezuelan country dissidents by name and raise awareness with respect to individual cases of Venezuelan country dissidents and prisoners of conscience, as appropriate and if requested by the dissidents or prisoners themselves or their families. 10. Authorization of appropriations for assistance to support civil society in Venezuela There is authorized to be appropriated to the United States Agency for International Development for fiscal year 2015 not less than $5,000,000 to provide assistance to civil society in Venezuela. 11. Sunset This Act shall cease to be effective beginning on the date that is 2 years after the date of the enactment of this Act.
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113-hr-4588
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I 113th CONGRESS 2d Session H. R. 4588 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mrs. Blackburn (for herself and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to deny the right to grant retransmission consent to a television broadcast station if an AM or FM radio broadcast station licensed to the same licensee transmits a sound recording without providing compensation for programming.
1. Short title This Act may be cited as the Protecting the Rights of Musicians Act . 2. Effect of certain radio transmissions on right to grant television retransmission consent Section 325(b)(2) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(2) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; or ; and (3) by inserting after subparagraph (E) the following: (F) to retransmission of the signal of a television broadcast station if the licensee of such station is also the licensee of an AM or FM radio broadcast station and, during the term of the license for such television broadcast station in which such retransmission occurs, such licensee has transmitted a sound recording over such radio station without providing compensation for all programming carried over the signal. .
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113-hr-4589
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I 113th CONGRESS 2d Session H. R. 4589 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Reichert (for himself and 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 exclude dividends from controlled foreign corporations from the definition of personal holding company income for purposes of the personal holding company rules.
1. Short title This Act may be cited as the Personal Holding Company Tax Parity and Reinvestment Act . 2. Exclusion of dividends from controlled foreign corporations from the definition of personal holding company income for purposes of the personal holding company rules (a) In general Paragraph (1) of section 543(a) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and (2) by inserting after subparagraph (B) the following: (C) dividends received by a United States shareholder (as defined in section 951(b)) from a controlled foreign corporation (as defined in section 957(a)), . (b) Effective date The amendments made by this Act shall apply to taxable years ending on or after the date of the enactment of this Act.
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113-hr-4590
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I 113th CONGRESS 2d Session H. R. 4590 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Labrador (for himself and Mr. Southerland ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To exempt certain 16- and 17-year-old children employed in logging or mechanized operations from child labor laws.
1. Short title This Act may be cited Future Logging Careers Act . 2. Child labor law exemptions for logging and mechanized operations The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) is amended— (1) in section 3 ( 29 U.S.C. 203 )— (A) in subsection (l), by adding at the end the following: , and that employment of employees ages sixteen or seventeen years in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children of such ages shall not be deemed to constitute oppressive child labor if such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person ; and (B) by adding at the end the following: (z) (1) Logging — (A) means the felling, skidding, yarding, loading and processing of timber by equipment other than manually operated chainsaws and cable skidders; and (i) the felling of timber in mechanized operations; (ii) the bucking or converting of timber into logs, poles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; (iii) the collecting, skidding, yarding, loading, transporting and unloading of such products in connection with logging; (iv) the constructing, repairing and maintaining of roads or camps used in connection with logging; the constructing, repairing, and maintenance of machinery or equipment used in logging; and (v) other work performed in connection with logging; and (B) does not include the manual use of chain saws to fell and process timber and the use of cable skidders to bring the timber to the landing. (2) Mechanized operation — (A) means the felling, skidding, yarding, loading and processing of timber by equipment other than manually operated chainsaws and cable skidders; and (B) includes whole tree processors, cut-to-length processors, stroke boom delimbers, wheeled and track feller-bunchers, pull thru delimbers, wheeled and track forwarders, chippers, grinders, mechanical debarkers, wheeled and track grapple skidders, yarders, bulldozers, excavators, and log loaders. ; and (2) in section 13(c) ( 29 U.S.C. 211(c) ), by adding at the end the following: (8) The provisions of section 12 relating to child labor shall apply to an employee who is 16 or 17 years old employed in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children ages 16 or 17, except where such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person. .
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113-hr-4591
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I 113th CONGRESS 2d Session H. R. 4591 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Barrow of Georgia introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a national strategy for identifying job training needs to increase opportunities for technical school training and promote hiring.
1. Short title This Act may be cited as the Workforce Investment and Job Creation Act . 2. Identifying Job Training Needs (a) Strategy report (1) Strategy report required The Secretary of Labor 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. (2) Goals of the strategy report The strategy report required by paragraph (1) shall include specific recommendations to achieve the following goals: (A) To increase the aggregate number of employers and employees participating in on-the-job training and apprenticeships. (B) 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. (C) 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. (D) To determine ways in which the Department of Labor can better address the skills gap by maximizing existing resources, programs, and personnel. (3) Analysis required As part of the strategy report under paragraph (1), the Secretary shall, at a minimum, include the following: (A) 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. (B) 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 paragraph (2). (C) 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. (D) 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— (i) improving coordination between Federal agencies that administer employment and training programs; and (ii) modifying Federal employment and training programs to enable States to better utilize Federal employment and training funds. (4) Recommendations The Secretary shall include in the skills gap strategy report required under paragraph (1) recommendations for achieving the goals included in the strategy pursuant to paragraph (2). Such recommendations may include proposals as follows: (A) 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— (i) boost public-private partnerships and employer-led partnerships; and (ii) help establish regional industry partnerships. (B) Adoption of strategies that have been implemented and proven successful in key industries and regions in the United States and in other countries. (C) In coordination with the Secretary of Commerce and the Secretary of Education, develop plans that identify strategies— (i) for increased employer participation in career and technical education; (ii) to better align career and technical education curriculums and programs with fast growing industry sectors; (iii) to encourage more pre-apprenticeship and college credit courses in secondary schools; (iv) to improve school-to-work transitions and connections; and (v) to assist employers in partnering with elementary schools, secondary schools, and institutions of higher education. (5) 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 subsection. (6) Implementation The Secretary may implement the recommendations under paragraph (4) as the Secretary determines appropriate, if otherwise permitted under law. (b) Definitions In this section: (1) ESEA terms The terms elementary school and secondary school have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) 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). (3) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4) 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) )). (5) Secretary The term Secretary means the Secretary of Labor. (6) 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. 3. Technical school training subsidy program Section 171 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2916 ) is amended by adding at the end the following: (f) Technical school training subsidy pilot program (1) Establishment of Technical School Training Subsidy Pilot program From the amounts appropriated to carry out this subsection, the Secretary shall award competitive grants to States to provide such funds to local boards for the provision of technical school training subsidies in local areas through one-stop delivery systems described in section 134(c). (2) Application To receive a grant under this subsection a State shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary may require. (3) Qualifications and Requirements for subsidy (A) In general A technical school training subsidy for an academic year may be provided, in accordance with subparagraph (E) , to a technical school on behalf of an unemployed individual who is enrolled, or accepted for enrollment, at a technical school. (B) Amount of subsidy (i) Considerations In determining the amount of a subsidy to provide to an unemployed individual under this subsection, a one-stop operator or one-stop partner, as appropriate, shall take into account— (I) the cost of tuition of such individual; (II) the expected family contribution, as determined in accordance with section 474 of the Higher Education Act of 1965 ( 20 U.S.C. 1087nn ), for such individual; and (III) the estimated financial assistance for such individual not received under this subsection. (ii) Aggregate amount The aggregate amount of subsidies an individual may receive under this subsection may not exceed $2,000. (C) Number of subsidies An individual may receive subsidies under this subsection for not more than 2 academic years. (D) Use of funds A subsidy an individual receives under this subsection shall be used to assist the individual in paying the cost of tuition for career and technical education at a technical school. All subsidies received by an individual under this subsection shall be used to pay the cost of tuition for career and technical education at the same technical school. (E) Provision of subsidy Upon approving an unemployed individual for a subsidy under this subsection, a one-stop operator or one-stop partner, as appropriate, shall provide, prior to the start of an academic year, the subsidy to the technical school in which the unemployed individual is enrolled or accepted for enrollment. (4) Definitions In this subsection— (A) The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (B) The term cost of tuition means— (i) tuition and fees normally assessed a student carrying the same academic workload as determined by the technical school, and including costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; and (ii) an allowance for books and supplies, for a student attending the technical school on at least a half-time basis, as determined by the school. (C) The term technical school means a postsecondary vocational institution that provides career and technical education. (D) The term postsecondary vocational institution has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). (E) The term unemployed individual means an unemployed individual who is a citizen of the United States. . 4. Tax Credits for New Hires (a) Credit for increasing employment Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: 36C. Credit for increasing employment (a) In general There shall be allowed as a credit against the tax imposed by this subtitle— (1) for any taxable year beginning in 2014, an amount equal to 60 percent of the excess of— (A) the aggregate wages paid during 2014, over (B) the aggregate wages paid during 2013, and (2) for any taxable year beginning in 2015, an amount equal to 40 percent of the excess of— (A) the aggregate wages paid during 2015, over (B) the aggregate inflation-adjusted wages paid during 2014. (b) Maximum credit The amount of the credit allowable under this section for any employer with respect to any calendar year shall not exceed $500,000. (c) Minimum preceding year wages For purposes of subsection (a)— (1) the amount taken into account under paragraph (1)(B) thereof shall not be less than 50 percent of the amount described in paragraph (1)(A) thereof, and (2) the amount taken into account under paragraph (2)(B) thereof shall not be less than 50 percent of the amount described in paragraph (2)(A) thereof. (d) Total wages must increase The amount of credit allowed under this section for any taxable year shall not exceed the amount which would be so allowed for such year (without regard to subsection (c)) if— (1) the aggregate amounts taken into account as wages were determined without any dollar limitation, and (2) 103 percent of the amount of wages otherwise required to be taken into account under subsection (a)(1)(B) or subsection (a)(2)(B), as the case may be, were taken into account. (e) Wages; inflation-Adjusted wages For purposes of this section: (1) In general Except as provided in paragraph (2), the term wages has the meaning given to such term by section 3306(b). (2) Railway and agricultural labor Rules similar to the rules of section 51(h) shall apply for purposes of this section. (3) Inflation-adjusted wages The term inflation-adjusted wages means the aggregate wages paid during 2014 increased by an amount equal to— (A) such aggregate wages, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for 2014, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded in such manner as the Secretary shall prescribe. (f) Special rules (1) Adjustments for certain acquisitions, etc (A) Acquisitions If, after December 31, 2012, an employer acquires the major portion of a trade or business of another person (hereinafter in this subparagraph referred to as the predecessor ) or the major portion of a separate unit of a trade or business of a predecessor, then, for purposes of applying this section for any calendar year ending after such acquisition, the amount of wages deemed paid by the employer during periods before such acquisition shall be increased by so much of such wages paid by the predecessor with respect to the acquired trade or business as is attributable to the portion of such trade or business acquired by the employer. (B) Dispositions If, after December 31, 2012— (i) an employer disposes of the major portion of any trade or business of the employer or the major portion of a separate unit of a trade or business of the employer in a transaction to which subparagraph (A) applies, and (ii) the employer furnishes the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any calendar year ending after such disposition, the amount of wages deemed paid by the employer during periods before such disposition shall be decreased by so much of such wages as is attributable to such trade or business or separate unit. (2) Change in status from self-employed to employee If— (A) during 2013 or 2014 an individual has net earnings from self-employment (as defined in section 1402(a)) which are attributable to a trade or business, and (B) for any portion of the succeeding calendar year such individual is an employee of such trade or business, then, for purposes of determining the credit allowable for a taxable year beginning in such succeeding calendar year, the employer’s aggregate wages for 2013 or 2014, as the case may be, shall be increased by an amount equal to so much of the net earnings referred to in subparagraph (A) as does not exceed the median household income in the United States for 2013 or 2014, as the case may be. (3) Certain other rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 51(f) (relating to remuneration must be for trade or business employment). (B) Section 51(i)(1) (relating to related individuals ineligible). (C) Section 51(k) (relating to treatment of successor employers; treatment of employees performing services for other persons). (D) Section 52 (relating to special rules). (4) Short taxable years If the employer has more than 1 taxable year beginning in 2014 or 2015, the credit under this section shall be determined for the employer’s last taxable year beginning in 2014 or 2015, as the case may be. . (b) Denial of double benefit Subsection (a) of section 280C of such Code is amended by inserting 36C(a), before 45A(a) . (c) Conforming amendments (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Credit for increasing employment. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-4592
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I 113th CONGRESS 2d Session H. R. 4592 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Gerlach (for himself and Mr. Himes ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Public Health Service Act to improve the diagnosis and treatment of hereditary hemorrhagic telangiectasia, and for other purposes.
1. Short title This Act may be cited as the Hereditary Hemorrhagic Telangiectasia Diagnosis and Treatment Act of 2014 . 2. Findings The Congress finds as follows: (1) Hereditary hemorrhagic telangiectasia (HHT) is a largely undiagnosed or misdiagnosed vascular genetic bleeding disorder resulting in artery-vein malformations (AVMs) which lead to preventable catastrophic and disabling consequences. HHT can cause sudden death at any age, unless detected and treated. Early detection, screening, and use of readily available treatment can prevent premature deaths and long-term health complications resulting from HHT. A person with HHT has the tendency to form blood vessels that lack the capillaries between an artery and vein. HHT often results in spontaneous hemorrhage or stroke from brain or lung AVM. In addition to hemorrhagic stroke, embolic stroke and brain abscess occur in approximately 30 percent of persons with HHT artery-vein malformations in the lung (due to lack of capillaries between the arterial and venous systems which normally filter out clots and bacteria). (2) One in 5,000 American children and adults suffer from HHT. (3) Studies have found an increase in morbidity and mortality rates for individuals who suffer from HHT. (4) Due to the widespread lack of knowledge, accurate diagnosis, and appropriate intervention, 90 percent of HHT-affected families are at risk for preventable life-threatening and disabling medical incidents such as stroke. (5) Early detection, screening, and treatment can prevent premature deaths, spontaneous hemorrhage, hemorrhagic stroke, embolic stroke, brain abscess, and other long-term health care complications resulting from HHT. (6) HHT is an important health condition with serious health consequences which are amenable to early identification and diagnosis with suitable tests, and acceptable and available treatments in established treatment centers. (7) Timely identification and management of HHT cases is an important public health objective because it will save lives, prevent disability, and reduce direct and indirect health care costs expenditures. A recent study has found use of a genetic testing model for HHT diagnosis saves $9.9 million in that screening can be limited to those persons within the family groups who actually have the gene defect, leading to early intervention in those found to have treatable AVMs. (8) Without a new program for early detection, screening, and treatment, 14,000 children and adults who suffer from HHT in the population today will suffer premature death and disability. 3. Purpose The purpose of this Act is to create a federally led and financed initiative for early diagnosis and appropriate treatment of hereditary hemorrhagic telangiectasia that will result in the reduction of the suffering of families, prevent premature death and disability, and lower health care costs through proven treatment interventions. 4. Centers for disease control and prevention Part B of title III of the Public Health Service Act is amended by inserting after section 317T (42 U.S.C. 247b–22) the following: 317U. Hereditary hemorrhagic telangiectasia (a) In general With respect to hereditary hemorrhagic telangiectasia (in this section referred to as HHT ), the Director of the Centers for Disease Control and Prevention (in this section referred to as the Director ) shall carry out the following activities: (1) The conduct of population screening described in subsection (c). (2) The identification and conduct of investigations to further develop and support guidelines for diagnosis of, and intervention for, HHT, including cost-benefit studies. (3) The development of a standardized survey and screening tool on family history. (4) The establishment, in collaboration with a voluntary health organization representing HHT families, of an HHT resource center within the Centers for Disease Control and Prevention to provide comprehensive education on, and disseminate information about, HHT to health professionals, patients, industry, and the public. (5) The conduct or support of public awareness programs in collaboration with medical, genetic, and professional organizations to improve the education of health professionals about HHT. (b) Collaborative approaches The Director shall carry out this section through collaborative approaches within the National Center on Birth Defects and Developmental Disabilities and the Division for Heart Disease and Stroke Prevention of the Centers for Disease Control and Prevention for clotting and bleeding disorders. (c) Population screening In carrying out population screening under subsection (a)(1), the Director shall— (1) designate and provide funding for a sufficient number of HHT Treatment Centers of Excellence to improve patient access to information, treatment, and care by HHT experts; (2) conduct surveillance by means of a population study, supplemented by sentinel health care provider or center surveillance, and by administrative database analyses as useful, to accurately identify— (A) the prevalence of HHT; and (B) the prevalence of hemorrhagic and embolic stroke, and brain abscess, resulting from HHT; (3) include HHT screening questions in the Behavioral Risk Factor Surveillance System survey conducted by the Centers for Disease Control and Prevention in order to screen a broader population and more accurately determine the prevalence of HHT; (4) provide data collected under paragraph (2)(B) to the Paul Coverdell National Acute Stroke Registry to facilitate— (A) analyses of the natural history of hemorrhagic and embolic stroke in HHT; and (B) development of screening and artery-vein malformation treatment guidelines specific to prevention of complications from HHT; (5) develop and implement programs, targeted for physicians and health care professional groups likely to be accessed by families with HHT, to increase HHT diagnosis and treatment rates through the— (A) establishment of a partnership with HHT Treatment Centers of Excellence designated under paragraph (1) through the creation of a database of patients assessed at such HHT Treatment Centers of Excellence (including with respect to phenotype information, genotype information, transfusion dependence, and radiological findings); (B) integration of such database with— (i) the universal data collection system used by the Centers for monitoring hemophilia with the blood disorders; and (ii) the Paul Coverdell National Acute Stroke Registry; and (C) inclusion of other medical providers who treat HHT patients; and (6) use existing administrative databases on non-HHT Treatment Centers of Excellence patients— (A) to learn about the natural history of HHT and the efficacy of various treatment modalities; and (B) to better inform and develop screening and treatment guidelines associated with improvement in health care outcomes, and research priorities relevant to HHT. (d) Eligibility for designation as an HHT treatment center of excellence In carrying out subsection (c)(1), the Director may designate, as an HHT Treatment Center of Excellence, academic health centers demonstrating each of the following: (1) The academic health center possesses a team of medical experts capable of providing comprehensive evaluation, treatment, and education to individuals with known or suspected HHT and their health care providers. (2) The academic health center has sufficient personnel with knowledge about HHT, or formal collaboration with one or more partnering organizations for personnel or resources, to be able to— (A) respond in a coordinated, multidisciplinary way to patient inquiries; and (B) coordinate evaluation, treatment, and education of patients and their families in a timely manner. (3) The academic health center has the following personnel, facilities, and patient volume: (A) A medical director with— (i) specialized knowledge of the main organ manifestations of HHT; and (ii) the ability to coordinate the multidisciplinary diagnosis and treatment of patients referred to the center. (B) Administrative staff with— (i) sufficient knowledge to respond to patient inquiries and coordinate patient care in a timely fashion; and (ii) adequate financial support to allow the staff to commit at least 25 to 50 percent of their time on the job to HHT. (C) An otolaryngologist with experience and expertise in the treatment of recurrent epistaxis in HHT patients. (D) An interventional radiologist with experience and expertise in the treatment of pulmonary arteriovenous malformations (AVM). (E) A genetic counselor or geneticist with the expertise to provide HHT-specific genetic counseling to patients and families. (F) On-site facilities to screen for all major organ manifestations of HHT. (G) A patient volume of at least 25 new HHT patients per year. (H) Established mechanisms to coordinate surveillance and outreach with HHT patient advocacy organizations. . 5. Additional health and human services activities With respect to hereditary hemorrhagic telangiectasia (in this section referred to as HHT ), the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall award grants on a competitive basis— (1) for an analysis by grantees of the Medicare Provider Analysis and Review (MEDPAR) file to develop preliminary estimates from the Medicare program under title XVIII of the Social Security Act for preventable costs of annual health care expenditures including items, services, and treatments associated with untreated HHT furnished to individuals with HHT, as well as socioeconomic costs such as disability expenditures associated with preventable medical events in this population, who are entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title; and (2) to make recommendations regarding an enhanced data collection protocol to permit a more precise determination of the total costs described in paragraph (1). 6. National institutes of health Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409K. Hereditary hemorrhagic telangiectasia (a) HHT initiative (1) Establishment The Secretary shall establish and implement an HHT initiative to assist in coordinating activities to improve early detection, screening, and treatment of people who suffer from HHT. Such initiative shall focus on— (A) advancing research on the causes, diagnosis, and treatment of HHT, including through the conduct or support of such research; and (B) increasing physician and public awareness of HHT. (2) Consultation In carrying out this subsection, the Secretary shall consult with the Director of the National Institutes of Health and the Director of the Centers for Disease Control and Prevention. (b) HHT coordinating committee (1) Establishment Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of the National Institutes of Health, shall establish a committee to be known as the HHT Coordinating Committee. (2) Membership (A) In general The members of the Committee shall be appointed by the Secretary, in consultation with the Director of the National Institutes of Health, and shall consist of 12 individuals who are experts in HHT or arteriovenous malformation (AVM) as follows: (i) Four representatives of HHT Treatment Centers of Excellence designated under section 317U(c)(1). (ii) Four experts in vascular, molecular, or basic science. (iii) Four representatives of the National Institutes of Health. (B) Chair The Secretary shall designate the Chair of the Committee from among its members. (C) Interim members In place of the 4 members otherwise required to be appointed under subparagraph (A)(i), the Secretary may appoint 4 experts in vascular, molecular, or basic science to serve as members of the Committee during the period preceding designation and establishment of HHT Treatment Centers of Excellence under section 317U. (D) Publication of names Not later than 30 days after the establishment of the Committee, the Secretary shall publish the names of the Chair and members of the Committee on the Website of the Department of Health and Human Services. (E) Terms The members of the Committee shall each be appointed for a 3-year term and, at the end of each such term, may be reappointed. (F) Vacancies A vacancy on the Committee shall be filled by the Secretary in the same manner in which the original appointment was made. (3) Responsibilities The Committee shall develop and coordinate implementation of a plan to advance research and understanding of HHT by— (A) conducting or supporting basic, translational, and clinical research on HHT across the relevant national research institutes, national centers, and offices of the National Institutes of Health, including the National Heart, Lung, and Blood Institute; the National Institute of Neurological Disorders and Stroke; the National Institutes of Diabetes and Digestive and Kidney Diseases; the Eunice Kennedy Shriver National Institute of Child Health and Human Development; the National Cancer Institute; and the Office of Rare Diseases; and (B) conducting evaluations and making recommendations to the Secretary, the Director of the National Institutes of Health, and the Director of the National Cancer Institute regarding the prioritization and award of National Institutes of Health research grants relating to HHT, including with respect to grants for— (i) expanding understanding of HHT through basic, translational, and clinical research on the cause, diagnosis, prevention, control, and treatment of HHT; (ii) training programs on HHT for scientists and health professionals; and (iii) HHT genetic testing research to improve the accuracy of genetic testing. (c) Definitions In this section: (1) The term Committee means the HHT Coordinating Committee established under subsection (b). (2) The term HHT means hereditary hemorrhagic telangiectasia. . 7. Authorization of appropriations (a) In general To carry out section 317U of the Public Health Service Act as added by section 4 of this Act, section 5 of this Act, and section 409K of the Public Health Service Act as added by section 6 of this Act, there is authorized to be appropriated $5,000,000 for each of fiscal years 2015 through 2019. (b) Resource center Of the amount authorized to be appropriated under subsection (a) for each of fiscal years 2015 through 2019, $1,000,000 shall be for carrying out section 317U(a)(4) of the Public Health Service Act, as added by section 4 of this Act. (c) Offset There is authorized to be appropriated to the Department of Health and Human Services for salaries and expenses of the Department for each of fiscal years 2015 through 2019 the amount that is $5,000,000 less than the amount appropriated for such salaries and expenses for fiscal year 2014.
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113-hr-4593
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I 113th CONGRESS 2d Session H. R. 4593 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Neugebauer (for himself, Mr. Culberson , Mr. Gingrey of Georgia , Mr. Carter , and Mr. Stockman ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the Department of the Treasury from assigning tax statuses to organizations based on their political beliefs and activities.
1. Prohibiting tax status from being assigned based on political beliefs and activities (a) Findings Congress finds the following: (1) The income tax system of the United States relies on voluntary compliance by taxpayers. (2) The filing of tax returns and other tax-related documents with the Internal Revenue Service often requires the submission of information to the Federal Government that taxpayers would otherwise consider private. (3) To ensure widespread voluntary compliance by taxpayers, the American public must have absolute trust that the Internal Revenue Service is acting in a non-partisan manner. (4) Taxpayers must be ensured that their treatment by the Internal Revenue Service will not be based on race, national origin, gender, sexual orientation, religious beliefs, or political creed, including their support for or opposition to any Government policies. (5) The confidence of taxpayers in the system of taxation in the United States is compromised when the Internal Revenue Service is required to assign tax treatment based on political beliefs or activities. (6) The targeting of certain individuals and groups by the Internal Revenue Services based on their political beliefs and activities must be stopped, and to ensure the integrity of the income tax system of the United States, the Internal Revenue Service should be removed from evaluating the political activities of any individuals or organizations. (b) Political organizations Paragraph (1) of section 527(e) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Political organization The term political organization means a party, committee, association, fund, or other organization (whether or not incorporated)— (A) which is registered as a political committee with the Federal Election Commission, (B) has been determined, pursuant to proceedings under section 309 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437g ) or by a court of law, to be a political committee, as defined under section 301(4) of such Act ( 2 U.S.C. 431(4) ), or (C) which is organized and operated primarily for the purposes of directly or indirectly accepting contributions or making expenditures, or both, for influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any State or local public office and— (i) is not required to register with the Federal Election Commission, and (ii) is required to register with the appropriate State agency as a political committee. . (c) Tax-Exempt organizations Section 501 of such Code is amended— (1) by redesignating subsection (s) as subsection (t), and (2) by inserting after subsection (r) the following new subsection: (s) Promotion of social welfare (1) In general For purposes of paragraph (4)(A) of subsection (c), the term promotion of social welfare shall include— (A) any political activity in furtherance of American democracy, provided that such activities do not exceed 50 percent of the organization's total activities (not including activities performed on a volunteer basis), (B) any activities for the purpose of educating individuals on issues of public importance and on the behavior of public officials, including participation in ballot initiatives and referenda, and (C) any activity described in clauses (i), (ii), (iii), and (v) of section 301(9)(B) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(9)(B) ). (2) Political activity in furtherance of American democracy For purposes of this subsection, the term political activity in furtherance of American democracy shall include any activity described in subparagraph (A) of section 301(9) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(9) ). (3) Rule of construction Nothing in this subsection shall be construed to exempt an organization from satisfying any applicable requirements for filing as a political committee pursuant to the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ). .
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113-hr-4594
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I 113th CONGRESS 2d Session H. R. 4594 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Blumenauer (for himself, Mr. Kinzinger of Illinois , Ms. Gabbard , Mr. Hastings of Florida , Mr. Poe of Texas , Mr. Stivers , Mr. Smith of Washington , Mr. Hunter , Mr. Engel , and Mr. Reichert ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for a 1-year extension of the Afghan Special Immigrant Visa Program, and for other purposes.
1. Short title This Act may be cited as the Afghan Allies Protection Extension Act . 2. Extension and expansion of Afghan Special Immigrant Visa Program Section 602(b) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) by amending clause (ii) to read as follows: (ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year— (I) by, or on behalf of, the United States Government; (II) by, or on behalf of, an organization or entity closely associated with the United States mission in Afghanistan that has received United States Government funding through an official and documented contract, award, grant, or cooperative agreement, including the International Security Assistance Force; or (III) by, or on behalf of, a media or nongovernmental organization headquartered in the United States; ; (ii) in clause (iii), by striking the United States Government and inserting an entity or organization described in clause (ii) ; and (iii) in clause (iv), by striking by the United States Government and inserting described in clause (ii) ; and (B) by amending subparagraph (B) to read as follows: (B) Family members An alien is described in this subparagraph if the alien is— (i) the spouse or minor child of a principal alien described in subparagraph (A) who is accompanying or following to join the principal alien in the United States; or (ii) (I) the spouse, child, parent, or sibling of a principal alien described in subparagraph (A), whether or not accompanying or following to join; and (II) has experienced or is experiencing an ongoing serious threat as a consequence of the qualifying employment of a principal alien described in subparagraph (A). ; and (2) in paragraph (3), by amending subparagraph (D) to read as follows: (D) Additional fiscal years For each of fiscal years 2014 and 2015, the total number of principal aliens who may be provided special immigrant status under this section may not exceed 3,000 per year, except that— (i) notwithstanding subparagraph (C), any unused balance of the total number of principal aliens who may be provided special immigrant status in fiscal years 2014 and 2015 may be carried forward and provided through December 31, 2016; (ii) the 1-year period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) shall be the period from October 7, 2001, through December 31, 2014; and (iii) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2015. .
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113-hr-4595
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I 113th CONGRESS 2d Session H. R. 4595 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , 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 encourage school bus safety.
1. Short title This Act may be cited as the School Bus Safety Act . I Kadyn’s Act 101. Short title This title may be cited as Kadyn’s Act . 102. Withholding apportionments for noncompliance with school bus passings (a) Withholding apportionments Chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Withholding apportionments for noncompliance with school bus passings (a) Withholding of apportionments for noncompliance (1) Withholding The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) on October 1, 2015, and on each October 1 thereafter if the State does not meet the requirements of paragraph (2). (2) Requirement A State meets the requirements of this paragraph if the State has enacted and is enforcing a law that imposes the following penalties to a motorist who is found guilty of illegally passing a stopped school bus: (A) First offense For a first offense, a fine of not less than $250 with the possibility of jail time and license suspension. (B) Second offense within a 5-year period of a first offense For a second offense within a 5-year period of a first offense, a fine of not less than $315 with the possibility of jail time and license suspension. (b) Period of availability of apportioned funds Funds withheld after the date specified in subsection (a)(1) from apportionments to any State shall not be available for apportionment to that State and such funds will lapse. . (b) Conforming amendment The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Withholding apportionments for noncompliance with school bus passings . II Grants for motion-activated detection system on school buses 201. Short title This title may be cited as Grants for Motion-Activated Detection System on School Buses Act . 202. Grants for motion-activated detection system on school buses (a) In general The Secretary of Transportation may provide grants to States to equip school buses with motion-activated detection system. (b) Application In order to qualify for a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including— (1) an assurance that the State will use grant funds to purchase motion-activated detection systems for school buses; and (2) an assurance that the State is in compliance with sections 171 and 172 of title 23, United States Code. (c) Grant amounts Before awarding a grant under this section, the Secretary shall ensure that each grant award is of sufficient size and scope to carry out the requirements of this section. (d) Funding In order to fund grant awards under this section, the Secretary shall use funds not apportioned pursuant to sections 171 and 172 of title 23, United States Code. (e) Reports Not later than 1 year after the date of enactment of this Act, the State shall submit a report to the Secretary regarding the effectiveness of the motion-activated detection system in any local educational agency using grant funds under this section, including— (1) whether or not the detection system has prevented children from being hit by a school bus; and (2) a cost benefit analysis of using these detection systems on school buses. (f) Definition For purposes of this Act, the term motion-activated detection system means a sensor system that uses radio signals or radar waves to detect a moving target near the front, rear, and sides of a school bus. The system sounds an alarm to alert the driver when a moving target is detected within the specified danger zones of the bus. III School bus driver safety enforcement 301. Withholding for noncompliance of background checks of school bus drivers (a) Withholding apportionments Chapter 1 of title 23, United States Code, is further amended by adding at the end the following: 172. Withholding apportionments for noncompliance of background checks of school bus drivers (a) Withholding The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under paragraphs (1), (3), and (4) of section 104(b) on October 1, 2015, and on each October 1 thereafter if the State does not meet the requirements of paragraph (2). (b) Requirement A State meets the requirements of this paragraph if the State has enacted a law that requires the employer to conduct a background check before hiring a school bus driver. Such background check shall include— (1) a review of State and local court information on arrests, charges, convictions; (2) a review of any sex offender registry; and (3) a review of any child abuse or dependent adult abuse registry. (c) Period of availability of apportioned funds Funds withheld after the date specified in subsection (a)(1) from apportionments to any State shall not be available for apportionment to that State and such funds will lapse. . (b) Conforming amendment The analysis for chapter 1 of title 23, United States Code, is further amended by adding at the end the following: 172. Withholding apportionments for noncompliance of background checks of school bus drivers . IV School bus seat belt demonstration program 401. School bus seat belt demonstration program (a) In general The Secretary of Transportation may award grants to States to develop a school bus seat belt program to purchase type 1 school buses equipped with lap/shoulder seat belts or equip existing type 1 school buses with lap/shoulder seat belts. (b) Application In order to qualify for a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including— (1) an assurance that the State will use grant funds to purchase type I school buses with lap/shoulder seat belts or equip existing type 1 school buses with such seat belts; (2) an assurance that the State is in compliance with sections 171 and 172 of title 23, United States Code; and (3) a list of the local educational agencies which the State selects to receive the seat belt equipped buses, including the reasons why each agency should receive school buses with seat belts. (c) Local educational agency requirements The State shall require that any local educational agency that receives grant funds pursuant to this Act shall develop— (1) a plan to ensure that all students riding the school buses with lap/shoulder belts are using them; and (2) an educational program regarding seat belt safety. (d) Grant amounts Before awarding a grant under this section, the Secretary shall ensure that each grant award is of sufficient size and scope to carry out the requirements of this section. (e) Funding In order to fund grant awards under this section, the Secretary shall use funds not apportioned pursuant to sections 171 and 172 of title 23, United States Code. (f) Definition In this section, the term type 1 school bus means a school bus weighing more than 10,000 pounds. (g) Reporting Not later than 1 year after the date of enactment of this Act, the State shall submit a report to the Secretary regarding the effectiveness of the lap/shoulder seat belt program in any local educational agency using grant funds under this section, including— (1) student usage of seat belts; and (2) the impact on school bus seating capacity. V NHTSA study 501. NHTSA study (a) In general The National Highway Traffic Safety Board shall conduct a comprehensive study regarding the effects of illegal passing of school buses. (b) Study and pilot program The study shall include— (1) a pilot program demonstrating the effectiveness of additional technologies and equipment on school buses, including additional front and rear stop arms, driver alert devices, secondary warning signs and aids to general visibility of buses; (2) enforcement schemes, including camera systems and increased fines on preventing, mitigating, and enforcing against illegal passing of school buses; (3) establishment and comparison of baseline performance standards for existing school buses and operations that can be measured and validated with school buses with additional equipment, over a set period of time, in a broad geographic area; and (4) consideration of the impact of additional driver training and a targeted public awareness and education campaign on the prevention, mitigation, and enforcement of illegal passing of school buses. (c) Report to Congress Not later than 3 years after the date of enactment of this Act, the Board shall submit a report to Congress with the results of the study and make recommendations for changes to Federal, State, and local laws and regulations to prevent, mitigate, and better enforce illegal school bus passing laws.
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113-hr-4596
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I 113th CONGRESS 2d Session H. R. 4596 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Cohen (for himself and Mr. McDermott ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To limit investor and homeowner losses in foreclosures, and for other purposes.
1. Short title This Act may be cited as the Limiting Investor and Homeowner Loss in Foreclosure Act of 2014 . 2. Loss mitigation programs (a) In general Section 105 of title 11, United States Code, is amended by adding at the end the following: (e) Without limiting the court’s authority under subsection (d) or under any other statute or rule, the court, by local rule or order, may establish and maintain a loss mitigation program for the consideration and negotiation of consensual alternatives to avoid foreclosure between an individual debtor and the holder of a claim secured by a security interest in real property that is the debtor’s principal residence. . (b) Conforming amendment Section 362(e) of title 11, United States Code, is amended by adding at the end the following: (3) If the party in interest requesting relief from the stay under subsection (d) of this section participates in a loss mitigation program maintained pursuant to section 105(e) of this title, the time periods specified in paragraphs (1) and (2) of this subsection shall be tolled during the time period commencing on the date on which such participation began and ending on the date on which notice of such termination is filed and served on the debtor. .
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113-hr-4597
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I 113th CONGRESS 2d Session H. R. 4597 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Culberson (for himself, Mr. Carter , Mr. Stockman , Mr. Neugebauer , Mr. Gingrey of Georgia , and Mr. Chabot ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit the intentional discrimination of a person or organization by an employee of the Internal Revenue Service.
1. Intentional discrimination by employee of the Internal Revenue Service (a) In general Chapter 93 of title 18, United States Code, is amended by adding at the end the following: 1925. Intentional discrimination by employee of the Internal Revenue Service (a) Offense It shall be unlawful for any officer or employee of the Internal Revenue Service to, regardless of whether the officer or employee is acting under color of law, willfully act, or purport to act, in his official capacity with the intent to injure, oppress, threaten, intimidate, or single out and subject to undue scrutiny for purposes of harassment any person or organization in any State— (1) based solely or primarily on the political, economic, or social positions held or expressed by the person or organization; or (2) because the person or organization has expressed a particular political, economic, or social position using any words or writing allowed by law. (b) Penalty Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 10 years, or both. (c) Definition In this section, the term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. . (b) Table of sections The table of sections for chapter 93 of title 18, United States Code, is amended by inserting after the item relating to section 1924 the following: 1924. Intentional discrimination by employee of the Internal Revenue Service. .
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113-hr-4598
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I 113th CONGRESS 2d Session H. R. 4598 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Garcia introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide the heads of agencies with direct-hire authority to appoint qualified candidates to positions relating to information technology, and for other purposes.
1. Short title This Act may be cited as the Top Tech for USA Act of 2014 . 2. Direct-hire authority for positions relating to information technology (a) Authority Notwithstanding any other provision of law, rule, or regulation, the head of an agency may exercise direct-hire authority to appoint qualified candidates to positions relating to information technology, including web or digital systems design and development. (b) Termination of authority The direct-hire authority described in subsection (a) shall terminate 5 years after the date of enactment of this Act. (c) Definitions In this section: (1) Agency The term agency has the meaning given Executive agency in section 105 of title 5, United States Code. (2) Direct-hire authority The term direct-hire authority means the authority described in section 3304(a)(3) of such title.
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113-hr-4599
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I 113th CONGRESS 2d Session H. R. 4599 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Hunter (for himself, Mr. Franks of Arizona , Mrs. Ellmers , Mr. Griffin of Arkansas , Mr. Poe of Texas , Mr. Brady of Texas , Mr. Shuster , Mr. Pompeo , Mr. Miller of Florida , Mr. Bucshon , Mr. Nunes , Mr. Bridenstine , Mr. Gohmert , Mr. Stivers , Mr. Bishop of Utah , Mr. Gibbs , Mr. Brooks of Alabama , Mr. Graves of Missouri , Mr. Palazzo , Mr. Harper , Mr. Cook , Mr. Wittman , Mr. Hall , and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize the use of force against those nations, organizations, or persons responsible for the attack against United States personnel in Benghazi, Libya.
1. Findings Congress finds the following: (1) On April 6, 2012, an improvised explosive device was thrown over the fence of the United States Consulate in Benghazi, Libya. (2) On May 1, 2012, the British Embassy in Tripoli, Libya, was attacked by a violent mob and set on fire while the embassies of other NATO member countries were attacked as well. (3) On May 22, 2012, two rocket-propelled grenades were fired at the Benghazi office of the International Committee of the Red Cross, less than one mile from the United States Consulate. (4) On June 6, 2012, a large improvised explosive device destroyed part of the security perimeter of the United States Consulate in Benghazi. (5) On June 10, 2012, a car carrying the British ambassador was attacked in Tripoli. (6) On September 11, 2012, the United States Consulate in Benghazi was attacked by an organized group of armed militants killing United States Ambassador Chris Stevens, Sean Smith, Glen Doherty, and Tyrone Woods. (7) On January 10, 2014, the Secretary of State designated Ansar al-Sharia in Benghazi and Ansar al-Sharia in Darnah as foreign terrorist organizations for their role in the attack against the United States Consulate in Benghazi. (8) The attacks on September 11, 2012, continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. (9) The President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States. 2. Authorization for use of United States Armed Forces (a) In general The President is authorized to use all necessary and appropriate force against those nations, organizations, or persons the President determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2012, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations, or persons. (b) War powers resolution requirements (1) Specific statutory authorization Consistent with section 8(a)(1) of the War Powers Resolution, the Congress declares that this section is intended to constitute specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution. (2) Applicability of other requirements Nothing in this Act supercedes any requirement of the War Powers Resolution.
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113-hr-4600
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I 113th CONGRESS 2d Session H. R. 4600 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. King of Iowa (for himself, Mrs. Bachmann , Mr. Chabot , Mr. Broun of Georgia , Mrs. Blackburn , Mr. Brooks of Alabama , Mr. Burgess , Mr. Franks of Arizona , Mr. Gingrey of Georgia , Mr. Huelskamp , Mr. Hudson , Mr. Kingston , Mr. Issa , Mr. McHenry , Mr. Weber of Texas , Mr. Wilson of South Carolina , Mr. Cotton , Mr. Yoho , Mr. Fortenberry , Mr. Harris , Mr. Fleming , and Mr. Duncan of South Carolina ) 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 a deduction for premiums for insurance which constitutes medical care.
1. Short title This Act may be cited as the Tax Free Health Insurance Act of 2014 . 2. Deduction for premiums for health insurance (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Deduction for premiums for health insurance In the case of an individual, there shall be allowed as a deduction to the taxpayer for the taxable year amounts paid by the taxpayer for insurance which constitutes medical care (as defined in section 213(d)) for the taxpayer and the taxpayer’s spouse and dependents. No amount shall be taken into account under the preceding sentence if a deduction or credit is allowed for such amount under this chapter or to any other taxpayer. . (b) Deduction allowed whether or not individual itemizes other deductions Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting before the last sentence at the end the following new paragraph: (22) Deduction for premiums for health insurance The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 is amended by striking the item relating to section 224 and adding at the end the following new items: Sec. 224. Deduction for premiums for health insurance. Sec. 225. Cross reference. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
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113-hr-4601
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I 113th CONGRESS 2d Session H. R. 4601 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Ms. Kuster introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Ways and Means and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide additional funding for the Highway Trust Fund, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Deficit Reduction for Infrastructure, Value, and Efficiency Now Act of 2014 or the DRIVE Now 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—Highway Trust Fund Sec. 101. Funding of Highway Trust Fund. Title II—Cost Reduction Measures Subtitle A—Data Center Consolidation Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. Federal Data Center Optimization Initiative. Sec. 204. Performance requirements related to data center consolidation. Sec. 205. Cost savings related to data center optimization. Sec. 206. Reporting requirements to Congress and the Federal Chief Information Officer. Sec. 207. Reduction and consolidation of data centers. Subtitle B—Repeal of Duplicative Catfish Inspection Program Sec. 211. Repeal of duplicative catfish inspection program. Subtitle C—Closing Empty Bank Accounts Sec. 221. Documenting and closing long-empty Federal bank accounts. I Highway Trust Fund 101. Funding of Highway Trust Fund Section 9503(f) of the Internal Revenue Code of 1986 is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: (5) Additional sums Out of money in the Treasury not otherwise appropriated, there is hereby appropriated $5,000,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund. . II Cost Reduction Measures A Data Center Consolidation 201. Purpose The purpose of this subtitle is to optimize Federal data center usage and efficiency. 202. Definitions In this subtitle: (1) Federal Data Center Optimization Initiative The term Federal Data Center Optimization Initiative or the Initiative means the initiative developed and implemented by the Director of the Office of Management and Budget, through the Federal Chief Information Officer, as required under section 203. (2) Covered agency The term covered agency means any agency included in the Federal Data Center Optimization Initiative. (3) Federal Chief Information Officer The term Federal Chief Information Officer means the Administrator of the Office of Electronic Government established under section 3602 of title 44, United States Code. (4) Data center The term data center means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Federal Chief Information Officer under guidance issued pursuant to this section. (5) Federal data center The term Federal data center means any data center of a covered agency used or operated by a covered agency, by a contractor of a covered agency, or by another organization on behalf of a covered agency. (6) Server utilization The term server utilization refers to the activity level of a server relative to its maximum activity level, expressed as a percentage. (7) Power usage effectiveness The term power usage effectiveness means the ratio obtained by dividing the total amount of electricity and other power consumed in running a data center by the power consumed by the information and communications technology in the data center. 203. Federal Data Center Optimization Initiative (a) Requirement for initiative The Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and implement an initiative, to be known as the Federal Data Center Optimization Initiative, to optimize the usage and efficiency of Federal data centers by meeting the requirements of this Act and taking additional measures, as appropriate. (b) Requirement for plan Within 6 months after the date of the enactment of this Act, the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and submit to Congress a plan for implementation of the Initiative required by subsection (a) by each covered agency. In developing the plan, the Federal Chief Information Officer shall take into account the findings and recommendations of the Comptroller General review required by section 205(e). (c) Matters covered The plan shall include— (1) descriptions of how covered agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, and other appropriate methods to meet the requirements of the initiative; and (2) appropriate consideration of shifting federally owned data centers to commercially owned data centers. 204. Performance requirements related to data center consolidation (a) Server utilization Each covered agency may use the following methods to achieve the maximum server utilization possible as determined by the Federal Chief Information Officer: (1) The closing of existing data centers that lack adequate server utilization, as determined by the Federal Chief Information Officer. If the agency fails to close such data centers, the agency shall provide a detailed explanation as to why this data center should remain in use as part of the submitted plan. The Federal Chief Information Officer shall include an assessment of the agency explanation in the annual report to Congress. (2) The consolidation of services within existing data centers to increase server utilization rates. (3) Any other method that the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, determines necessary to optimize server utilization. (b) Power usage effectiveness Each covered agency may use the following methods to achieve the maximum energy efficiency possible as determined by the Federal Chief Information Officer: (1) The use of the measurement of power usage effectiveness to calculate data center energy efficiency. (2) The use of power meters in data centers to frequently measure power consumption over time. (3) The establishment of power usage effectiveness goals for each data center. (4) The adoption of best practices for managing— (A) temperature and airflow in data centers; and (B) power supply efficiency. (5) The implementation of any other method that the Federal Chief Information Officer, in consultation with the Chief Information Officers of covered agencies, determines necessary to optimize data center energy efficiency. 205. Cost savings related to data center optimization (a) Requirement To track costs (1) In general Each covered agency shall track costs resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those costs annually to the Federal Chief Information Officer. Covered agencies shall determine the net costs from data consolidation on an annual basis. (2) Factors In calculating net costs each year under paragraph (1), a covered agency shall use the following factors: (A) Energy costs. (B) Personnel costs. (C) Real estate costs. (D) Capital expense costs. (E) Operating system, database, and other software license expense costs. (F) Other appropriate costs, as determined by the agency in consultation with the Federal Chief Information Officer. (b) Requirement To track savings (1) In general Each covered agency shall track savings resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those savings annually to the Federal Chief Information Officer. Covered agencies shall determine the net savings from data consolidation on an annual basis. (2) Factors In calculating net savings each year under paragraph (1), a covered agency shall use the following factors: (A) Energy savings. (B) Personnel savings. (C) Real estate savings. (D) Capital expense savings. (E) Operating system, database, and other software license expense savings. (F) Other appropriate savings, as determined by the agency in consultation with the Federal Chief Information Officer. (c) Requirement To use cost-Effective measures Covered agencies shall use the most cost-effective measures to implement the Federal Data Center Optimization Initiative. (d) Use of savings Any savings resulting from implementation of the Federal Data Center Optimization Initiative within a covered agency shall be used for the following purposes: (1) To offset the costs of implementing the Initiative within the agency. (2) To further enhance information technology capabilities and services within the agency. (e) Government accountability office review Not later than 3 months after the date of the enactment of this Act, the Comptroller General of the United States shall examine methods for calculating savings from the Federal Data Center Optimization Initiative and using them for the purposes identified in subsection (d), including establishment and use of a special revolving fund that supports data centers and server optimization, and shall submit to the Federal Chief Information Officer and Congress a report on the Comptroller General’s findings and recommendations. 206. Reporting requirements to Congress and the Federal Chief Information Officer (a) Agency Requirement To report to CIO Each year, each covered agency shall submit to the Federal Chief Information Officer a report on the implementation of the Federal Data Center Optimization Initiative, including savings resulting from such implementation. The report shall include an update of the agency’s plan for implementing the Initiative. (b) Federal Chief Information Officer requirement To report to Congress Each year, the Federal Chief Information Officer shall submit to the relevant congressional committees a report that assesses agency progress in carrying out the Federal Data Center Optimization Initiative and updates the plan under section 113. The report may be included as part of the annual report required under section 3606 of title 44, United States Code. 207. Reduction and consolidation of data centers (a) OMB recommendation Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the heads of other executive agencies, shall issue recommendations for reducing or consolidating the number of Federal data centers in existence as of the date of the enactment of this Act— (1) by at least 40 percent not later than September 30, 2018; and (2) by at least 80 percent not later than September 30, 2023. (b) Reduction of data centers Not later than 6 months after the issuance of recommendations by the Director under subsection (a), the head of each executive agency shall implement the recommendations by reducing the number of Federal data centers in accordance with such recommendations. B Repeal of Duplicative Catfish Inspection Program 211. Repeal of duplicative catfish inspection program (a) In general Effective on the date of the enactment of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ), section 11016 of such Act ( Public Law 110–246 ; 122 Stat. 2130) and the amendments made by such section are repealed. (b) Application The Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. ) and the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. ) shall be applied and administered as if section 11016 ( Public Law 110–246 ; 122 Stat. 2130) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ) and the amendments made by such section had not been enacted. C Closing Empty Bank Accounts 221. Documenting and closing long-empty Federal bank accounts (a) Inspectors General report Not later than 6 months after the date of the enactment of this Act, the Council of the Inspectors General on Integrity and Efficiency shall submit to Congress a report that— (1) lists each bank account held by the United States Government that has a balance of zero dollars for 180 days or more; and (2) recommends which of these accounts should be immediately closed. (b) Closure of accounts required Not later than 7 days after the report is submitted under subsection (a), the head of each agency with a bank account recommended for closure in the report described in subsection (a) shall close each such account that is managed by the agency. (c) Agency defined In this section, the term agency has the meaning given that term in section 551 of title 5, United States Code.
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113-hr-4602
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I 113th CONGRESS 2d Session H. R. 4602 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Ways and Means A BILL To change the tax status of virtual currencies from property to foreign currency
1. Short title This Act may be cited as the Virtual Currency Tax Reform Act . 2. Congressional findings Congress finds that classifying virtual currencies as property subjects users to capital gains tax on any transaction using the virtual currency based on any gain or loss relative to the change in the virtual currency's value from the time of purchase. 3. Definitions Virtual currency is a digital representation of value that functions as a medium of exchange, a unit of account, and/or a store of value. 4. General authorization The Internal Revenue Service shall treat virtual currencies as a foreign currency for Federal tax purposes. 5. Moratorium (1) For a period of five years following the date of the enactment of this Act, the Federal Government shall not impose, assess, collect, or attempt to collect capital gains tax on virtual currencies. (2) Nothing in this Act shall prevent, impair or impede the operation of any government agency, authority, or instrumentality, whether of the Federal Government or of any State or political subdivision thereof, to enforce currently existing criminal, civil, or taxation statutes and regulations. 6. Effective date The provisions of this Act shall take effect at the beginning of the fiscal year following enactment.
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113-hr-4603
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I 113th CONGRESS 2d Session H. R. 4603 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Turner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reauthorize chapter 40 of title 28, United States Code.
1. Short title This Act may be cited as the Independent Counsel Reauthorization Act of 2014 . 2. Reauthorization of chapter 40 of title 28, United States Code Section 599 of title 28, United States Code, is amended by striking This chapter shall cease to be effective five years after the date of the enactment of the Independent Counsel Reauthorization Act of 1994 and inserting This chapter shall have effect during the period beginning on the date of the enactment of the Independent Counsel Reauthorization Act of 2014 and ending on the day 5 years after such date .
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113-hr-4604
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I 113th CONGRESS 2d Session H. R. 4604 IN THE HOUSE OF REPRESENTATIVES May 7, 2014 Mr. Westmoreland (for himself, Mr. Duffy , Mrs. Bachmann , Mr. Long , Mr. Posey , Mr. Bentivolio , and Mr. Luetkemeyer ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to create a consumer opt-out list for data collected by the Bureau, to put time limits on data held by the Bureau, and for other purposes.
1. Short title This Act may be cited as the CFPB Data Collection Security Act . 2. Collection and disposal of consumer information Section 1022(c) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512(c) ) is amended by adding at the end the following: (10) Opt-out list for data collection (A) In general The Bureau shall establish an opt-out list, which shall contain a list of consumers who have notified the Bureau that they do not wish to allow the Bureau to collect personally identifiable information about them. (B) Availability of list The Bureau shall provide consumers with a method of adding and removing their names from the opt-out list both over the phone and on the website of the Bureau. (C) Prohibition on data collection (i) In general The Bureau may not collect personally identifiable information about a consumer if the consumer is listed on the opt-out list. (ii) Exception for consumer complaints (I) In general This subparagraph shall not apply with respect to consumer complaints. (II) Use of data Personally identifiable information contained in a consumer complaint with respect to a consumer that is listed on the opt-out list may not be used for any purpose other than the consumer complaint, including supervisory functions or market monitoring. (11) Timing limitation on data held by the Bureau The Bureau shall delete or otherwise destroy— (A) any information related to a consumer complaint regarding consumer financial products or services, not later than the end of the 60-day period following the completion of any review into such complaint where no further action will be taken; (B) any reports issued by, or data collected while conducting an examination of, any covered person, depository institution, or credit union over which the Bureau has supervisory authority, after three examinations, except for enforcement actions that specifically address payments to consumers; and (C) any information collected by the Bureau about a particular consumer or other person not described under subparagraph (A) or (B), not later than the 60-day period following the date on which the Bureau collected such information. (12) Requirement in event of privacy breach If the Bureau experiences a data breach that exposes personally identifiable information about a consumer, the Bureau shall provide such consumer with one year of free credit monitoring and publicly notify consumers of the breach on the front page of the Bureau’s website. (13) Requirement for Senate-confirmed Director Notwithstanding any other provision of law, the Bureau may not collect any data or perform any market monitoring unless the Bureau has a Senate-confirmed Director. . 3. Personnel requirement Section 1013(a) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5493(a) ) is amended by adding at the end the following: (6) Confidential security clearance required for certain employees No employee of the Bureau may access personally identifiable information collected by the Bureau unless such employee holds a confidential security clearance. .
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113-hr-4605
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I 113th CONGRESS 2d Session H. R. 4605 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mrs. Ellmers (for herself and Mr. Moran ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to provide States an option to cover a children’s program of all-inclusive coordinated care (ChiPACC) under the Medicaid program.
1. Short title This Act may be cited as the ChiPACC Act of 2014 . 2. Optional medicaid coverage of children’s program of all-inclusive coordinated care (ChiPACC) (a) In general Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— (1) by striking and at the end of paragraph (28); (2) by redesignating paragraph (29) as paragraph (30); and (3) by inserting after paragraph (28) the following new paragraph: (29) services furnished under a children’s program of all-inclusive coordinated care (ChiPACC) under section 1944; and . (b) Children’s program of all-Inclusive coordinated care Title XIX of such Act is further amended by inserting after section 1943 ( 42 U.S.C. 1396w–3 ) the following new section: 1944. Children’s program of all-inclusive coordinated care (a) State option (1) In general A State may elect to provide medical assistance under this section to ChiPACC eligible individuals who are eligible for medical assistance under the State plan under this title and who choose to enroll in a children’s program of all-inclusive coordinated care. In the case of an individual who chooses to enroll in such a program pursuant to such an election— (A) the individual shall receive benefits under the State plan solely through such program; and (B) the health care providers furnishing services under such program shall receive payment for providing such services in accordance with the terms of such program. (2) Numerical and geographical limitations permitted A State may establish— (A) a numerical limit on the number of individuals who may be enrolled in the State’s ChiPACC; and (B) geographic limitations on the service areas for a ChiPACC. (b) ChiPACC and other terms defined In this section: (1) Children’s program of all-inclusive coordinated care; ChiPACC The terms children’s program of all-inclusive coordinated care and ChiPACC mean a program of coordinated care for ChiPACC eligible children that is established by a State under this section and meets the following requirements: (A) Operation The program is administered by a single State agency. Such agency may provide for the operation of the program through arrangements between one or more other entities, such as a ChiPACC coordinator (as defined in paragraph (3)) and such agency. (B) Comprehensive benefits (i) In general The program provides comprehensive health care items and services to ChiPACC eligible individuals (as defined in paragraph (2)) in accordance with this section and regulations. (ii) Scope and plan for services Such items and services shall— (I) include items and services described in subsection (c)(1)(A) to the extent such items and services are appropriate for the individual; and (II) be provided consistent with a comprehensive care plan developed by an interdisciplinary health professional team (as defined in paragraph (4)). (iii) Qualifications of providers Such items and services are provided through health care providers that— (I) meet such certification or other quality requirements as may be necessary to participate in the program of medical assistance under this title or in the program under title XVIII; and (II) maintain records on ChiPACC eligible individuals enrolled in the program and to whom the provider furnishes services, reflecting both the specific care and services furnished by the provider and the relationship of those services to the comprehensive plan of care for that individual and to the delivery of other services to the individual through the program. (2) ChiPACC eligible individual The term ChiPACC eligible individual means, with respect to a ChiPACC, an individual— (A) who, at the time of enrollment in the ChiPACC, is a child (as defined under the State plan for this purpose) and who is not older than such age as the State may specify; (B) who resides in the service area of the ChiPACC; (C) who is eligible for medical assistance under the State plan without regard to this section (or, but for enrollment in a ChiPACC would, based on the individual’s illness or health condition or the projected cost of treatment required for such illness or condition, become so eligible); (D) who suffers from a serious illness or health condition; (E) for whom there is a reasonable likelihood that the individual’s life will be threatened by such illness or condition; and (F) whose health status is expected to decline because of such illness or condition before attaining full adulthood (as defined under the State plan). The Secretary may waive the application of subparagraph (C) with respect to eligibility for medical assistance under the State plan without regard to this section in the case of individuals if the State demonstrates to the satisfaction of the Secretary that the sum of the additional expenditures under this title resulting from such waiver in a fiscal year will not exceed the aggregate savings in expenditures otherwise resulting from the implementation of this section in the fiscal year. (3) ChiPACC coordinator The term ChiPACC coordinator means, with respect to a ChiPACC, an entity (which may be the State administering agency or another entity under an arrangement with such an agency) that directs, supervises, and assures the coordination of comprehensive services to ChiPACC eligible individuals enrolled in the ChiPACC consistent with the following: (A) The entity must assure the direct and continuous involvement of an interdisciplinary health professional team in managing and coordinating the provision of care and services within the coordinator’s responsibility to each such enrolled individual. (B) The entity must include on its staff, or otherwise arrange for the provision of services, through contracts or otherwise, of each of the types of the health care professionals and other service providers required to provide the items and services required under subsection (c)(1)(A). (4) Interdisciplinary health professional team The term interdisciplinary health professional team means, with respect to a ChiPACC, a group of health professionals that— (A) includes at least— (i) one physician (as defined in section 1861(r)); (ii) one registered professional nurse; and (iii) one social worker, pastoral counselor, or other counselor; (B) develops a comprehensive plan of care for ChiPACC eligible individuals enrolled with the ChiPACC and furnishes, or supervises the provision of, care and services described in subsection (c)(1) to an individual enrolled in the ChiPACC; and (C) through direct action and communication with health care providers furnishing services under the ChiPACC, on behalf of or under the direction or supervision of a State administering agency or a ChiPACC coordinator, coordinates the care and services furnished to such enrollees in a manner that takes into account the best interests of each such enrollee and the enrollee’s family. (5) State administering agency The term State administering agency means, with respect to the operation of a ChiPACC in a State, the agency of that State (which may be the single agency responsible for administration of the State plan under this title in the State) responsible for the implementation, either directly or through arrangements with one or more ChiPACC coordinators, of the ChiPACC under this section in the State. (6) Regulations Except as otherwise provided, the term regulations refers to interim final or final regulations promulgated under subsection (f). (c) Scope of benefits; beneficiary safeguards (1) In general Under a ChiPACC of a State, the State administering agency shall assure that— (A) an individual enrolled in the ChiPACC is covered for, at a minimum— (i) all items and services that are covered for any individual under this title, and all additional items and services specified in regulations, but without any limitation or condition as to amount, duration, or scope; (ii) access to covered items and services, as needed, 24 hours per day, every day of the year; and (iii) services that include comprehensive, integrated palliative and curative services, expressive therapy and counseling, and counseling and anticipatory bereavement services to immediate family members of the ChiPACC eligible individual, as part of the services to the eligible individual; (B) provision of such services to such individuals through a comprehensive and interdisciplinary health and social services delivery system which integrates, as appropriate to the individual recipient of services, acute and long-term care services, palliative, respite and curative treatment, counseling and support for family members who are caretakers or otherwise relevant to appropriate care and treatment of the individual, and such other services as may be furnished pursuant to regulations and the provisions of the applicable State plan; and (C) the ChiPACC is operated, and the services to enrolled individuals are furnished, in a manner that is consistent with Standards of Care and Practice Guidelines developed by Children’s Hospice International for a Program of All-Inclusive Care for Children (as in effect as of the date of the enactment of this section or such later date as the Secretary may specify). (2) Quality assurance; patient safeguards With respect to a ChiPACC, the State administering agency shall assure all of the following: (A) The provision of services under the ChiPACC meets all applicable Federal and State guidelines for quality assurance. (B) Necessary safeguards have been established to protect the health and welfare of individuals enrolled in the ChiPACC under this section. (C) There is a written plan of quality assurance, and procedures implementing such plan, in accordance with regulations. (D) Written safeguards of the rights of individuals enrolled in the ChiPACC, including a patient bill of rights and procedures for grievances and appeals, in accordance with regulations and with other requirements of this title and Federal and State law designed for the protection of patients. (3) Cost-sharing waiver A State administering agency may, in the case of a ChiPACC eligible individual enrolled in the State’s ChiPACC, waive deductibles, copayments, coinsurance, or other cost-sharing that would otherwise apply under the State plan under this title. (d) Eligibility determinations (1) In general In determining whether an individual is a ChiPACC eligible individual, the State administering agency shall conduct an independent evaluation and assessment, which shall include at least the following: (A) Where appropriate, consultation with the individual’s family, guardian, or other responsible individual. (B) Consultation with appropriate treating and consulting health and support professionals caring for the individual. (C) An examination of the individual’s relevant history, medical records, and care and support needs, guided by best practices and research on effective strategies that result in improved health and quality of life outcomes. (2) Certification Upon completion of the evaluation and assessment described in paragraph (1), an individual meeting the criteria of a ChiPACC eligible individual shall be certified as such, pursuant to procedures specified in regulations and the applicable State plan. (3) Continuation of eligibility An individual who is a ChiPACC eligible individual may be deemed to continue to be such an individual notwithstanding a determination that the individual no longer meets the requirements of subparagraphs (D), (E), and (F) of subsection (b)(2), if, in accordance with regulations, it is reasonably foreseeable that, if the individual is not furnished services under this section, the severity or impact of the individual’s illness or condition would increase to a degree that the individual would again meet such requirement before the individual attains adulthood or within the succeeding 12-month period. (4) Enrollment and disenrollment (A) Voluntary disenrollment at any time The enrollment and disenrollment of ChiPACC eligible individuals in a ChiPACC shall be pursuant to procedures specified in regulations and the State plan, but shall permit an enrollee, or an enrollee’s guardian or other legal representative, acting on behalf of an enrollee, to voluntarily disenroll for any reason at any time. (B) Appeals (i) Upon application If an individual is determined not to be a ChiPACC eligible individual upon application, then the State plan under this title shall allow for an appeal of such determination. During the course of such appeal, the individual shall not begin to receive benefits through the ChiPACC unless and until the appeal is resolved favorably for the individual. (ii) Subsequently If an individual is determined not to be a ChiPACC eligible individual at any time after enrollment in a ChiPACC, or is otherwise disenrolled from a ChiPACC, then the State plan under this title shall allow for an appeal of such determination. During the course of such appeal, the individual shall continue to be enrolled in the ChiPACC and to receive benefits through the ChiPACC. (5) Construction The fact that a ChiPACC eligible individual is enrolled under a ChiPACC shall not be construed as adversely affecting the eligibility of the individual’s parents or caretaker relatives for medical assistance under this title. (e) Payments to health care providers under ChiPACC (1) In general Payments to health care providers furnishing items and services under a ChiPACC shall be paid on a capitated or fee-for-service basis, according to regulations and as specified in the applicable State plan consistent with this subsection. (2) Use of integrated, budget-neutral financing Payments under this subsection shall be made in amounts that are designed, according to regulations, to ensure that aggregate payments under this section for individuals enrolled in a ChiPACC, whether made on a capitated basis or fee-for-service basis, do not exceed on average the aggregate payments that would have been paid under the State plan for such individuals if they were not so enrolled, taking into account the comparative case mix of ChiPACC enrollees and such other factors as the Secretary determines to be appropriate. (f) Regulations (1) In general The Secretary shall issue such regulations, including interim final regulations, as may be necessary to carry out this section. (2) Continuation of modifications or waivers operational requirements If a State agency administering a program of all-inclusive coordinated care for seriously ill children approved pursuant to waiver authority under section 1115 or 1915(c) has contractual or other operating arrangements relating to such program which are not otherwise recognized in regulation and which were in effect as of the date of the enactment of this section, the Secretary shall permit the agency to continue such arrangements so long as such arrangements are found by the Secretary to be reasonably consistent with the objectives of a ChiPACC. (3) Construction Nothing in this subsection shall be construed as preventing the Secretary from including in regulations provisions to ensure the health and safety of individuals enrolled in a ChiPACC under this section that are in addition to those otherwise provided under this section. (g) Applicability of requirements With respect to carrying out a ChiPACC under this section, the following requirements of this title (and regulations relating to such requirements) shall not apply: (1) Section 1902(a)(1), relating to any requirement that ChiPACCs or ChiPACC services be provided in all areas of a State. (2) Section 1902(a)(10), insofar as such section relates to comparability of services among different population groups. (3) Sections 1902(a)(23) and 1915(b)(4), relating to freedom of choice of providers under a ChiPACC. (4) Section 1903(m)(2)(A), insofar as it restricts a ChiPACC provider from receiving prepaid capitation payments. (5) Section 1905(o), limiting the scope of hospice care. (6) Such other provisions of this title that the Secretary determines are inapplicable to carrying out a ChiPACC under this section. . (c) Continued demonstration project authority Section 1944 of the Social Security Act, as added by subsection (b), shall not be construed as preventing a State from developing, or the Secretary of Health and Human Services from approving, a project similar to or related to ChiPACCs (as described in such section) under existing authorities, including demonstration project and waiver authorities under title XIX of such Act or other provisions of such Act. (d) Other conforming amendments Section 1905(r)(5) of such Act ( 42 U.S.C. 1396d(r)(5) ) is amended by inserting before the period at the end the following: , other than items and services that are only covered as section 1944 ChiPACC benefits . (e) Timely issuance of regulations; effective date The Secretary of Health and Human Services shall promulgate regulations to carry out the amendments made by this section in a timely manner, so as to assure that it will be feasible for State agencies and entities to establish and operate ChiPACCs for periods beginning not later than 1 year after the date of the enactment of this Act. (f) Funds for technical assistance The Secretary is authorized to expend funds appropriated to carry out title XIX of the Social Security Act to make grants to, or enter into contracts with, private entities or organizations that are qualified to provide technical or other assistance in developing and establishing ChiPACCs within the States, except that— (1) such funds may be expended solely for the purposes of implementing this section; and (2) a private entity or organization in receipt of such funds must have demonstrated expertise and a minimum of 5 years of experience in working with or assisting in the establishment of programs for comprehensive care of children meeting the description of ChiPACC eligible individuals under section 1944(b) of the Social Security Act, as added by subsection (b).
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113-hr-4606
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I 113th CONGRESS 2d Session H. R. 4606 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. McKinley (for himself, Mr. Rahall , and Mrs. Capito ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide an additional authorization of appropriations for the Brookwood-Sago Mine Safety Grants to be used specifically to fund programs that provide hands-on mine safety skills training and certification in mine rescue and mine emergency response.
1. Brookwood-Sago Mine Safety Grants Section 14(g) of the Mine Improvement and New Emergency Response Act of 2006 ( 30 U.S.C. 965(g) ) is amended— (1) by striking There are and inserting (1) In general .—There are ; and (2) by adding at the end the following: (2) Specific programs authorization In addition to amounts authorized under paragraph (1), there is authorized to be appropriated $4,000,000 for fiscal year 2015 specifically for grants providing hands-on mine safety skills training and certification in mine rescue and mine emergency response. .
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113-hr-4607
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I 113th CONGRESS 2d Session H. R. 4607 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. McKinley (for himself, Mr. Cartwright , and Mr. Nugent ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to authorize the Director of the Bureau of Prisons to issue oleoresin capsicum spray to officers and employees of the Bureau of Prisons.
1. Short title This Act may be cited as the Eric Williams Correctional Officer Protection Act of 2014 . 2. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray (a) In general Chapter 303 of part III of title 18, United States Code, is amended by adding at the end the following: 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray (a) In general The Director of the Bureau of Prisons shall issue, on a routine basis, oleoresin capsicum spray to— (1) any officer or employee of the Bureau of Prisons who— (A) is employed in a prison that is not a minimum or low security prison; and (B) may respond to an emergency situation in such a prison; and (2) to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section. (b) Training requirement (1) In general In order for an officer or employee of the Bureau of Prisons, including a correctional officer, to be eligible to receive and carry oleoresin capsicum spray pursuant to this section, the officer or employee shall complete a training course before being issued such spray, and annually thereafter, on the use of oleoresin capsicum spray. (2) Transferability of training An officer or employee of the Bureau of Prisons who completes a training course pursuant to paragraph (1) and subsequently transfers to employment at a different prison, shall not be required to complete an additional training course solely due such transfer. (3) Training conducted during regular employment An officer or employee of the Bureau of Prisons who completes a training course required under paragraph (1) shall do so during the course of that officer or employee’s regular employment, and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer or employee’s regular duties. (c) Use of oleoresin capsicum spray Officers and employees of the Bureau of Prisons issued oleoresin capsicum spray pursuant to subsection (a) may use such spray to reduce acts of violence— (1) committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons; and (2) committed by prison visitors against themselves, prisoners, other visitors, and officers and employees of the Bureau of Prisons. . (b) Clerical amendment The table of sections for chapter 303 of part III of title 18, United States Code, is amended by inserting after the item relating to section 4048 the following: 4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray. . 3. GAO Report Not later than the date that is 3 years after the date on which the Director of the Bureau of Prisons begins to issue oleoresin capsicum spray to officers and employees of the Bureau of Prisons pursuant to section 4049 of title 18, United States Code (as added by this Act), the Comptroller General of the United States shall submit to Congress a report that includes the following: (1) An evaluation of the effectiveness of issuing oleoresin capsicum spray to officers and employees of the Bureau of Prisons in prisons that are not minimum or low security prisons on— (A) reducing crime in such prisons; and (B) reducing acts of violence committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons in such prisons. (2) An evaluation of the advisability of issuing oleoresin capsicum spray to officers and employees of the Bureau of Prisons in prisons that are minimum or low security prisons, including— (A) the effectiveness that issuing such spray in such prisons would have on reducing acts of violence committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons in such prisons; and (B) the cost of issuing such spray in such prisons. (3) Recommendations to improve the safety of officers and employees of the Bureau of Prisons in prisons.
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113-hr-4608
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I 113th CONGRESS 2d Session H. R. 4608 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Ms. Lee of California (for herself, Mr. Broun of Georgia , Ms. Slaughter , Mr. Massie , Mr. Hastings of Florida , Mr. Garamendi , Mr. Stockman , Mr. Yoho , Mr. Jones , Mr. Amash , Mr. Posey , Mr. Conyers , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the Authorization for Use of Military Force, and for other purposes.
1. Short title This Act may be cited as the War Authorization Review and Determination Act or WARD Act . 2. Report to Congress (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress, in writing, a report setting forth each operation or other action that is being carried out pursuant to the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) as of the date of the submission of the report. (b) Form The report shall be submitted in unclassified form but may contain a classified annex as appropriate. 3. Operations and other actions under Authorization for Use of Military Force (a) In general Within 60 days after a report is submitted pursuant to section 2(a), the President shall terminate each operation or other action described in the report, unless a joint resolution described in subsection (b) with respect to the operation or other action is enacted into law in accordance with such subsection. (b) Joint resolution described (1) In general For purposes of this section, a joint resolution referred to in subsection (a) is a joint resolution of the two Houses of Congress, which does not contain a preamble, and the sole matter after the resolving clause of which is as follows: That Congress approves the ____ as contained in the report submitted to Congress pursuant to section 2(a) of the War Authorization Review and Determination Act on _____. with the first blank space being filled with a description of the applicable operation (or operations) or other action (or other actions) and the second blank space being filled with the appropriate date. (2) Expedited congressional procedures The provisions of section 6 of the War Powers Resolution ( 50 U.S.C. 1545 ) shall apply to a joint resolution described in paragraph (1) to the same extent as such section 6 applies to a joint resolution or bill under that section. 4. Repeal of Authorization for Use of Military Force (a) In general The Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note) is hereby repealed. (b) Effective date The repeal contained in subsection (a)— (1) takes effect on the date that is 240 days after the date of the enactment of this Act; and (2) applies with respect to each operation or other action that is being carried out pursuant to the Authorization for Use of Military Force initiated before such effective date. 5. Rules of construction (a) In general Nothing in this Act— (1) shall be construed as limiting or prohibiting any authority of the President under any provision of law other than the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note); or (2) shall be construed as limiting or prohibiting any authority of the President to respond to, or to prevent imminent attacks, on the United States, its territorial possessions, its embassies, its consulates, or its Armed Forces abroad, consistent with and limited to the President’s constitutional powers and responsibilities as Commander-in-Chief. (b) Authorization for future operations or other actions Nothing in this Act shall be construed as limiting or prohibiting any authority of the President to submit to Congress proposed legislation to authorize operations or other actions relating to the use of military force initiated on or after the effective date described in section 4(a).
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113-hr-4609
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I 113th CONGRESS 2d Session H. R. 4609 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Cohen introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend SAFETEA–LU to ensure that projects that assist the establishment of aerotropolis transportation systems are eligible for certain grants, and for other purposes.
1. Short title This Act may be cited as the Aerotropolis Act of 2014 . 2. Projects of national and regional significance (a) Eligible project defined Section 1301(c)(2) of SAFETEA–LU ( 23 U.S.C. 101 note) is amended to read as follows: (2) Eligible project (A) In general The term eligible project means any surface transportation project eligible for Federal assistance under title 23, United States Code, including freight railroad projects and activities eligible under such title. (B) Inclusion of aerotropolis transportation system projects The term eligible project includes a combination of projects described in subparagraph (A) that, as a group— (i) assist the establishment of an aerotropolis transportation system; and (ii) satisfy the requirement under subsection (d). . (b) Aerotropolis transportation system defined Section 1301(c) of SAFETEA–LU ( 23 U.S.C. 101 note) is amended by adding at the end the following: (4) Aerotropolis transportation system The term aerotropolis transportation system means a planned and coordinated multimodal freight and passenger transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport. .
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113-hr-4610
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I 113th CONGRESS 2d Session H. R. 4610 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Cohen introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to establish a grant program to assist the development of aerotropolis transportation systems, and for other purposes.
1. Short title This Act may be cited as the Leading and Expediting Aerotropolis Development Act of 2014 . 2. Aerotropolis grant program (a) Establishment Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish and carry out an aerotropolis grant program (in this section referred to as the program ) to assist the development of aerotropolis transportation systems in accordance with this section. (b) Grant authority In carrying out the program, the Secretary is authorized to make a grant to an eligible entity to assist planning, design, environmental review, or land acquisition activities for any of the following to benefit an aerotropolis transportation system: (1) A project for the development or improvement of a highway or bridge. (2) A project for the development or improvement of a public transportation system. (3) A project to expand the capacity of or otherwise improve freight or passenger rail transportation. (4) A project for the development or improvement of a port. (5) A project that improves access to a port or terminal facility. (6) A project for the development or improvement of a multimodal terminal facility. (7) A project for the development or improvement of an intelligent transportation system that— (A) is primarily for the benefit of freight movement; and (B) reduces congestion or improves safety. (c) Availability of grant funding Grant funding awarded to a grant recipient under the program shall remain available to be obligated by the recipient during the fiscal year in which the grant funding is disbursed and the three fiscal years following that fiscal year. Grant funding not obligated by a grant recipient during the period provided under this subsection shall be returned to the Secretary and made available for making other grants under the program. (d) Application process In carrying out the program, the Secretary shall establish a process for eligible entities to apply for grants, which shall include the submission to the Secretary of an application containing the following: (1) A description of the aerotropolis transportation system to be assisted with the grant, including— (A) the geographic scope of the system; and (B) the components that comprise the system. (2) A description of the projects to be assisted with the grant. (3) With respect to each of the projects described under paragraph (2), a description of— (A) the status of the project; (B) how the project will develop the applicable aerotropolis transportation system; (C) the jobs to be created by the project; (D) the costs and benefits of the project; and (E) the plans and timeline for moving the project to completion. (e) Grant selection (1) Considerations In making grants under the program, the Secretary shall consider, with respect to a proposed project, whether the project facilitates any of the following: (A) Improvement of the mobility of goods or passengers. (B) Enhancement of intermodal connectivity with respect to freight or passenger transportation. (C) Improvement of the condition of freight or passenger transportation infrastructure, including bringing such infrastructure into a state of good repair. (D) Reductions in congestion. (E) Improvement of safety, including through reductions in transportation accidents, injuries, and fatalities. (F) Incorporation of new and innovative technologies into the transportation system, including intelligent transportation systems. (G) Enhancement of national or regional economic development, growth, and competitiveness. (H) Non-Federal contributions to the project, including contributions from public-private partnerships. (I) Reductions in dependence on foreign oil. (J) Reductions in air or water pollution. (2) Priorities In making grants under the program, the Secretary shall give priority to applicants that demonstrate any of the following: (A) A strategic plan for the development of an aerotropolis transportation system and funding directed to that development. (B) Existing infrastructure and services sufficient for the development of an aerotropolis transportation system. (C) A capacity for using grant funds to efficiently and effectively develop an aerotropolis transportation system. (D) Public-private partnerships that will assist in completing proposed projects. (E) An inability to complete pre-construction activities for proposed projects without grant assistance. (f) Reports In each year in which a grant recipient receives funding under the program, that recipient shall submit to the Secretary a report that includes a description of the following: (1) The activities carried out by that recipient with grant funds in the preceding year. (2) The impact of those activities, including in comparison to the objectives for those activities. (g) Definitions In this section, the following definitions apply: (1) Aerotropolis transportation system The term aerotropolis transportation system means a planned and coordinated multimodal freight and passenger transportation network that, as determined by the Secretary, provides efficient, cost-effective, sustainable, and intermodal connectivity to a defined region of economic significance centered around a major airport. (2) Eligible entity The term eligible entity means any of the following: (A) A State government or political subdivision thereof. (B) A local government or political subdivision thereof. (C) A metropolitan planning organization. (D) A regional planning organization. (E) An organization comprised of more than one entity specified in subparagraphs (A) through (D).
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113-hr-4611
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I 113th CONGRESS 2d Session H. R. 4611 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Courtney (for himself, Mr. Payne , Mr. George Miller of California , Mr. Tierney , and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Fair Labor Standards Act of 1938 to ensure that employees are not misclassified as non-employees, and for other purposes.
1. Short title This Act may be cited as the Payroll Fraud Prevention Act of 2014 . 2. Classification of employees and non-employees (a) Definitions Section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ) is amended by adding at the end the following: (z) Non-employee means an individual who— (1) a person has engaged, in the course of the trade or business of the person, for the performance of labor or services; and (2) is not an employee of the person. (aa) Covered individual when used with respect to an employer or other person means— (1) an employee of the employer; or (2) a non-employee of the person (including a person who is an employer)— (A) whom the person has engaged, in the course of the trade or business of the person, for the performance of labor or services; and (B) (i) with respect to whom the person is required to file an information return under section 6041A(a) of the Internal Revenue Code of 1986; or (ii) who is providing labor or services to the person through an entity that is a trust, estate, partnership, association, company, or corporation (as such terms are used in section 7701(a)(1) of the Internal Revenue Code of 1986) if— (I) such individual has an ownership interest in the entity; (II) creation or maintenance of such entity is a condition for the provision of such labor or services to the person; and (III) the person would be required to file an information return for the entity under section 6041A(a) of the Internal Revenue Code of 1986 if the entity was an individual. . (b) Classification as employees Section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) ) is amended— (1) by striking (c) Every employer subject to any provision of this Act or of any order issued under this Act and inserting the following: (c) Recordkeeping; classification; notice (1) Recordkeeping Every person subject to any provision of this Act or of any order issued under this Act ; and (2) by adding at the end the following: (2) Classification (A) In general Every person (including every employer and enterprise), who employs any employee engaged in commerce or in the production of goods for commerce or engages any non-employee engaged in commerce or in the production of goods for commerce, shall— (i) accurately classify each covered individual as an employee or a non-employee (as the case may be); (ii) provide, to each covered individual, a written notice that— (I) informs the covered individual of the classification of such individual, by the person submitting the notice, as an employee or a non-employee; (II) includes a statement directing such individual to the Department of Labor website established under section 3 of the Payroll Fraud Prevention Act of 2014 , or other appropriate resources, for the purpose of providing further information about the legal rights of an employee; (III) includes the address and telephone number for the applicable local office of the Department of Labor; and (IV) includes for each covered individual classified as a non-employee by the person providing the notice, the following statement: Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or a non-employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor. ; and (iii) maintain a copy of such notice as a required record under paragraph (1). (B) Timing of notice (i) In general The notice described in subparagraph (A)(ii) shall be provided, at a minimum, to each covered individual not later than 6 months after the date of enactment of the Payroll Fraud Prevention Act of 2014 , and thereafter— (I) for each new employee, upon employment; and (II) for each new non-employee, upon commencement of the labor or services provided by the non-employee. (ii) Change in status Each person required to provide a notice under subparagraph (A)(ii) to a covered individual shall also provide such notice to such individual upon changing the status of such individual as an employee or a non-employee. (C) Presumption (i) In general For purposes of this Act and the regulations or orders issued under this Act, a covered individual to whom a person is required to provide a notice under subparagraph (A)(ii) shall be presumed to be an employee of the person if the person has not provided the individual with such notice within the time required under subparagraph (B). (ii) Rebuttal The presumption under clause (i) shall be rebutted only through the presentation of clear and convincing evidence that a covered individual described in such subparagraph is not an employee of the person. . (c) Special prohibited acts Section 15(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a) ) is amended— (1) by striking paragraph (3) and inserting the following: (3) to discharge or in any other manner discriminate against any covered individual (including an employee) because such individual has— (A) opposed any practice, filed any petition or complaint, or instituted or caused to be instituted any proceeding— (i) under or related to this Act (including concerning the status of a covered individual as an employee or a non-employee for purposes of this Act); or (ii) concerning the status of a covered individual as an employee or a non-employee for employment tax purposes within the meaning of subtitle C of the Internal Revenue Code of 1986; (B) testified or is about to testify in any proceeding described in subparagraph (A); or (C) served, or is about to serve, on an industry committee; ; (2) in paragraph (5), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (6) to wrongly classify an employee of the person as a non-employee in accordance with section 11(c)(2). . (d) Special penalty for certain misclassification, recordkeeping, and notice violations Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) is amended— (1) in subsection (b)— (A) in the sixth sentence, by striking any employee each place the term occurs and inserting any covered individual ; (B) in the fourth sentence— (i) by striking employees and inserting covered individual ; and (ii) by striking he gives his consent and inserting such covered individual consents ; (C) in the third sentence— (i) by striking either of the preceding sentences and inserting any of the preceding sentences ; (ii) by striking one or more employees and inserting one or more covered individuals ; and (iii) by striking in behalf of himself or themselves and other employees and inserting on behalf of such covered individual or individuals and other covered individuals ; and (D) by inserting after the first sentence the following: Such liquidated damages are doubled (subject to section 11 of the Portal-to-Portal Act of 1947 ( 29 U.S.C. 260 )) where, in addition to violating the provisions of section 6 or 7, the employer has violated the provisions of section 15(a)(6) with respect to such employee or employees. ; and (2) in subsection (e), by striking paragraph (2) and inserting the following: (2) Any person who violates section 6, 7, 11(c), or 15(a)(6) shall be subject to a civil penalty, for each employee or other individual who was the subject of such a violation, in an amount— (A) not to exceed $1,100; or (B) in the case of a person who has repeatedly or willfully committed such violation, not to exceed $5,000. . 3. Employee rights website Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish a single webpage on the Department of Labor website that summarizes in plain language the rights of employees and non-employees under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), including the rights described in the amendments made by section 2. 4. Misclassification of employees for unemployment compensation purposes (a) In general Section 303(a) of the Social Security Act ( 42 U.S.C. 503(a) ) is amended— (1) in paragraph (11)(B), by striking the period and inserting ; and ; (2) in paragraph (12), by striking the period and inserting ; and ; and (3) by adding after paragraph (12) the following: (13) (A) Such auditing and investigative procedures as may be necessary to identify employers that have not registered under the State law or that are paying unreported wages, where these actions or omissions by the employers have the effect of excluding employees from unemployment compensation coverage; and (B) the making of quarterly reports to the Secretary of Labor (in such form as the Secretary of Labor may require) describing the results of the procedures under subparagraph (A); and (14) the establishment of administrative penalties for misclassifying employees, or paying unreported wages to employees without proper recordkeeping, for unemployment compensation purposes. . (b) Review of auditing programs The Secretary of Labor shall include, in the Department of Labor's system for measuring the performance of States in conducting unemployment compensation tax audits, a specific measure of the effectiveness of States in identifying the underreporting of wages and the underpayment of unemployment compensation contributions (including the effectiveness of States in identifying instances of such underreporting or underpayments despite the absence of cancelled checks, original time sheets, or other similar documentation). (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 12 months after the date of enactment of this Act. (2) Exception If the Secretary of Labor finds that legislation is necessary for the unemployment compensation law of a State to comply with the amendments made by subsection (a), such amendments shall not apply with respect to such law until the later of— (A) the day after the close of the first regular session of the legislature of such State that begins after the date of enactment of this Act; or (B) 12 months after the date of enactment of this Act. (d) Definition of State For purposes of this section, the term State has the meaning given the term in section 3306(j) of the Internal Revenue Code of 1986. 5. Department of Labor coordination, referral, and regulations (a) Coordination and referral Notwithstanding any other provision of law, any office, administration, or division of the Department of Labor that, while in the performance of its official duties, obtains information regarding the misclassification by a person subject to the provisions of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), or any order issued under such Act of any individual regarding whether such individual is an employee or a non-employee engaged in the performance of labor or services for purposes of section 6 or 7 of such Act ( 29 U.S.C. 206 , 207), or in records required under section 11(c) of such Act ( 29 U.S.C. 211(c) ), shall report such information to the Wage and Hour Division of the Department of Labor. The Wage and Hour Division may report such information to the Internal Revenue Service as the Wage and Hour Division considers appropriate. (b) Regulations The Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. 6. Targeted audits The audits of employers subject to the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) that are conducted by the Wage and Hour Division of the Department of Labor shall include certain industries with frequent incidence of misclassifying employees as non-employees, as determined by the Secretary of Labor.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4611ih/xml/BILLS-113hr4611ih.xml
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113-hr-4612
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I 113th CONGRESS 2d Session H. R. 4612 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. DeSantis (for himself, Mr. Salmon , Mr. Posey , and Mr. Bentivolio ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the eligibility requirements for funding under title IV of the Higher Education Act of 1965.
1. Short title This Act may be cited as the Higher Education Reform and Opportunity Act of 2014 . 2. Amendments to the Higher Education Act (a) Definition of Institution of Higher Education Section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) ) is amended— (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; (2) in paragraph (1), in the matter preceding subparagraph (A), by striking Subject to paragraphs (2) through (4) and inserting Subject to paragraphs (2) through (5) ; (3) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) if accredited by an authorized accreditation authority in a State that has an alternative accreditation agreement with the Secretary, as described in paragraph (5)— (i) an institution that provides postsecondary education; (ii) a postsecondary apprenticeship program; or (iii) a postsecondary education course or program provided by an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business; ; and (4) by inserting after paragraph (4), the following: (5) State alternative accreditation (A) In General Notwithstanding any other provision of law, a State may establish an alternative accreditation system for the purpose of establishing institutions that provide postsecondary education and postsecondary education courses or programs as eligible for funding under title IV if the State enters into an agreement with the Secretary for the establishment of the alternative accreditation system. Such institutions, courses, or programs may include— (i) institutions that provide postsecondary education; (ii) postsecondary apprenticeship programs; (iii) any other postsecondary education course or program offered at an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business; and (iv) any of the entities described in clauses (i) through (iii) that do not award a postsecondary certification, credential, or degree, provided that such entity provides credit that will apply toward a postsecondary certification, credential, or degree. (B) Alternative accreditation agreement The alternative accreditation agreement described in subparagraph (A) shall include the following: (i) The designation of one or more authorized accrediting entities within the State, such as the State Department of Education, another State agency, an industry-specific accrediting agency, or another entity, and an explanation of the process through which the State will select such authorized accrediting entities. (ii) The standards or criteria that an institution that provides postsecondary education and a postsecondary education course or program must meet in order to— (I) receive an initial accreditation as part of the alternative accreditation system; and (II) maintain such accreditation. (iii) A description of the appeals process through which an institution that provides postsecondary education and a postsecondary education course or program may appeal to an authorized accrediting entity if such institution, course, or program is denied accreditation under the State alternative accreditation system. (iv) Each authorized accrediting entity's policy regarding the transfer of credits between institutions that provide postsecondary education and postsecondary education courses or programs within the State that are accredited as part of the alternative accreditation system. (v) The Secretary's reporting requirements for the State regarding the State alternative accreditation system, including— (I) the contents of reports that must be submitted to the Secretary, which may include information such as— (aa) in the case of a postsecondary education course or program that is accredited through the State alternative accreditation system— (AA) the number and percentage of students who successfully complete each such postsecondary education course or program; and (BB) the number and percentage of students who successfully obtain a postsecondary certification, credential, or degree using credit obtained from each such postsecondary education course or program; and (bb) in the case of an institution that provides postsecondary education that is accredited through the State alternative accreditation system— (AA) the number and percentage of students who successfully obtain a postsecondary certification, credential, or degree from such institution; and (BB) the number and percentage of students who do not successfully obtain a postsecondary certification, credential, or degree from such institution but do obtain credit from such institution toward a postsecondary degree, credential, or certification; (II) the frequency with which such reports must be submitted to the Secretary; and (III) any requirements for third party verification of information contained in such reports. (vi) The State policy regarding public accessibility to certain information relating to institutions that provide postsecondary education and postsecondary education courses and programs accredited under the State alternative accreditation system, including— (I) the information described in subclause (I) of clause (v); and (II) information about the rates of job placement for individuals that have graduated from an institution or completed a course or program that is accredited under the State alternative accreditation system. (vii) An assurance by the State that under the State alternative accreditation system, only institutions that provide postsecondary education and postsecondary education courses or programs that provide credits toward a postsecondary certification, credential, or degree (as defined by the State in accordance with clause (viii)) will be accredited. (viii) The State's definition of a postsecondary certification, credential, or degree, as such term applies to the requirement described in clause (vii). (ix) A description of the agreements that the State will enter into with institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system to enable such institutions, courses, or programs to be eligible under a program authorized under title IV, for participation in the direct student loan program, and for the origination of loans under part D of title IV, and how such agreements will operate in lieu of the agreements described in sections 487 and 454. (x) A description of how the State will select institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system, in lieu of the selection process described in section 453, for— (I) participation in the direct student loan program under part D of title IV; and (II) approval allowing such institution, program, or course to originate direct loans under part D of title IV. (xi) A description of how the State will administer title IV funds for institutions that provide postsecondary education, postsecondary apprenticeship programs, and postsecondary education courses or programs provided by an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business that are accredited through the alternative accreditation system. (C) Administrative Costs for Pell Grant Students (i) Pell Grants administered by entities In the case of an institution that provides postsecondary education, a postsecondary apprenticeship program, or an entity that provides a postsecondary education course or program that is accredited through the alternative accreditation system and that will administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants in accordance with the agreement described in subparagraph (B)(xi), the Secretary shall, in lieu of carrying out section 690.10 of title 34, Code of Federal Regulations, and subject to available appropriations, pay $5.00 to the institution, apprenticeship program, or entity, as the case may be, for each student who receives a Federal Pell Grant at that institution, apprenticeship program, or entity for an award year. (ii) Pell Grants administered by States In the case of an institution that provides postsecondary education, a postsecondary apprenticeship program, or an entity that provides a postsecondary education course or program that is accredited through the alternative accreditation system and will not administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants, but will have such programs administered by the State in accordance with the agreement described in subparagraph (B)(xi), the Secretary shall, in lieu of carrying out section 690.10 of title 34, Code of Federal Regulations, and subject to available appropriations, pay $5.00 to the State for each student who receives a Federal Pell Grant at that institution, apprenticeship program, or entity, as the case may be, for an award year. (iii) Use of Funds All funds that an institution, apprenticeship program, entity, or the State receives under this subparagraph shall be used solely to pay the cost of— (I) administering the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grants; and (II) carrying out the reporting requirements described under subparagraph (B)(v). (iv) Financial aid services If an institution, apprenticeship program, or entity described in this subparagraph enrolls a significant number of students who are attending less-than-full-time or are independent students, such institution, apprenticeship program, entity, or the State, as the case may be, shall use a reasonable proportion of the funds provided under this subparagraph to make financial aid services available during times and in places that will most effectively accommodate the needs of those students. . (b) Title IV eligibility requirements Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. ) is amended by adding at the end the following: 493E. State Accredited Institutions, Programs, or Courses Notwithstanding any other provision of law, an institution, program, or course that is eligible for funds under this title in accordance with section 102(a)(1)(B) and meets the requirements of section 102(a)(5) shall not be required to meet any other requirements of this title. For purposes of this title, such an institution, program, or course shall be deemed to be an eligible institution that meets the requirements of section 487. .
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113-hr-4613
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I 113th CONGRESS 2d Session H. R. 4613 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Garcia (for himself and Mr. Rodney Davis of Illinois ) introduced the following bill; which was referred to the Committee on Small Business A BILL To authorize the Small Business Administrator to establish a grant program to empower encore entrepreneurs.
1. Short title This Act may be cited as the Empowering Encore Entrepreneurs Act of 2014 . 2. Definitions In this Act: (1) Administration The term Administration means the Small Business Administration. (2) Administrator The term Administrator means the Administrator of the Small Business Administration. (3) Encore entrepreneur The term encore entrepreneur means an entrepreneur, businessperson, or owner of a small business concern— (A) who is seeking to start a new small business concern or expand an existing small business concern; and (B) who— (i) is not less than 50 years of age; or (ii) has not less than 20 years of experience in a workplace. (4) Nonprofit organization The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (5) Small business concern The term small business concern has the meaning given that term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (6) Small business development center The term small business development center means a small business development center described in section 21 of the Small Business Act ( 15 U.S.C. 648 ). (7) Women's business center The term women's business center means a project carried out under section 29 of the Small Business Act ( 15 U.S.C. 656 ). 3. Empowering encore entrepreneurs program (a) In general Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator may enter into contracts or cooperative agreements with, or make grants to, nonprofit organizations, including small business development centers, women's business centers, chapters participating in the SCORE program authorized by section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ), and other resource partners of the Administration, and appropriate private sector organizations or entities to provide technical assistance, mentoring, and other specialized training activities for encore entrepreneurs. (b) Uses of funds Amounts made available under subsection (a) may be used to provide technical assistance, mentoring, and other specialized training activities including— (1) online resources and training for encore entrepreneurs, including virtual networking and mentoring tools; (2) workshops, training, and business networking events for encore entrepreneurs; or (3) programs to assist encore entrepreneurs in remaining in or re-entering the labor market through self-employment. (c) Application An entity desiring a grant, contract, or cooperative agreement under subsection (a) shall submit to the Administrator an application that contains— (1) a description of the goals of the project to be funded; (2) a list of any partners that plan to participate in the project to be funded; and (3) any other information the Administrator determines is necessary. (d) Special consideration The Administrator shall give special consideration to applications seeking funding for programs for— (1) members of the Armed Forces impacted by base closures or realignment; or (2) encore entrepreneurs unemployed for a period of not less than 1 year. (e) Termination The program established in subsection (a) shall terminate on September 30, 2017. 4. Report on barriers faced by encore entrepreneurs (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with other relevant Federal agencies, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that describes the barriers and obstacles faced by encore entrepreneurs in starting new small business concerns or expanding existing small business concerns. (b) Contents The report required under subsection (a) shall include— (1) a review of the accessibility and availability of credit and other forms of financing for encore entrepreneurs; (2) a review of the availability of Federal contracting opportunities for encore entrepreneurs; (3) a review of the accessibility and availability of counseling and mentoring programs for encore entrepreneurs; and (4) policy recommendations, if any, for improving Federal assistance and coordination on programs assisting encore entrepreneurs.
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113-hr-4614
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I 113th CONGRESS 2d Session H. R. 4614 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Huffman (for himself and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To enhance and clarify the ability of the National Park Service to work cooperatively with Park Partners to better use philanthropic and other non-Federal investments to achieve common objectives, public purposes and benefits, and for other purposes.
1. Short title This Act may be cited as the Park Partner Enhancement Act . 2. Park Partner enhancements (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, acting through the National Park Service, may enter into agreements under section 814(g) of Public Law 104–333 ( 16 U.S.C. 1f ) and section 101(d) of Public Law 104–208 ( 16 U.S.C. 1g ) with educational institutions and non-profit organizations (referred to in this Act as a Park Partner ) to advance National Park Service programs and projects including, but not limited to, the following, each of which shall be considered a public purpose under section 6305 of title 31, United States Code: (1) To cooperatively manage improvements on lands and programs within or related to one or more units of the National Park System. (2) To assist the National Park Service to plan, design, and construct National Park facilities and trails and restore landscapes and resources within or related to one or more units of the National Park System. (3) To provide educational and interpretive programs and services within or related to one or more units of the National Park System on a cost-recovery basis. (4) To develop, produce, publish, distribute, or sell educational and interpretive materials and products. (5) To raise funds and assets through donation to support National Park Service projects and programs. (b) Contributions of volunteers The Secretary of the Interior may consider the fair value of services performed by persons who volunteer their services required for the agreement to the National Park Service and who are recruited, trained, and supported by a Park Partner as not more than 50 percent of an in-kind contribution of the Park Partner for purposes of any cost sharing requirement under any agreement entered into under subsection (a). (c) Financial contributions Any funds donated, proceeds received, or cost-recovery amounts provided through agreements entered into under subsection (a) shall be retained by the Secretary or the Park Partner in accordance with the relevant agreement and such proceeds shall remain available, without future appropriation, until expended for preservation, restoration, operation, maintenance, interpretation, public programs, and related expenses of the National Park Service or Park Partner.
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113-hr-4615
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I 113th CONGRESS 2d Session H. R. 4615 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. King of New York (for himself, Mr. Perlmutter , Mr. McKinley , Mr. Welch , and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To improve the accuracy of mortgage underwriting used by Federal mortgage agencies by ensuring that energy costs are included in the underwriting process, to reduce the amount of energy consumed by homes, to facilitate the creation of energy efficiency retrofit and construction jobs, and for other purposes.
1. Short title This Act may be cited as the Sensible Accounting to Value Energy Act of 2014 . 2. Definitions In this Act, the following definitions shall apply: (1) Covered agency The term covered agency — (A) means— (i) an executive agency, as that term is defined in section 102 of title 31, United States Code; and (ii) any other agency of the Federal Government; and (B) includes any enterprise, as that term is defined under section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ). (2) Covered loan The term covered loan means a loan secured by a home that is issued, insured, purchased, or securitized by a covered agency. (3) Homeowner The term homeowner means the mortgagor under a covered loan. (4) Mortgagee The term mortgagee means— (A) an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (B) any affiliate, agent, subsidiary, successor, or assignee of an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (C) any servicer of a covered loan; and (D) any subsequent purchaser, trustee, or transferee of any covered loan issued by an original lender. (5) Secretary The term Secretary means the Secretary of Housing and Urban Development. (6) Servicer The term servicer means the person or entity responsible for the servicing of a covered loan, including the person or entity who makes or holds a covered loan if that person or entity also services the covered loan. (7) Servicing The term servicing has the meaning given the term in section 6(i) of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605(i) ). 3. Findings and purposes (a) Findings Congress finds that— (1) energy costs for homeowners are a significant and increasing portion of their household budgets; (2) household energy use can vary substantially depending on the efficiency and characteristics of the house; (3) expected energy cost savings are important to the value of the house; (4) the current test for loan affordability used by most covered agencies, commonly known as the debt-to-income test, is inadequate because it does not take into account the expected energy cost savings for the homeowner of an energy efficient home; and (5) another loan limitation, commonly known as the loan-to-value test, is tied to the appraisal, which often does not adjust for efficiency features of houses. (b) Purposes The purposes of this Act are to— (1) improve the accuracy of mortgage underwriting by Federal mortgage agencies by ensuring that energy cost savings are included in the underwriting process as described below, and thus to reduce the amount of energy consumed by homes and to facilitate the creation of energy efficiency retrofit and construction jobs; (2) require a covered agency to include the expected energy cost savings of a homeowner as a regular expense in the tests, such as the debt-to-income test, used to determine the ability of the loan applicant to afford the cost of homeownership for all loan programs; and (3) require a covered agency to include the value home buyers place on the energy efficiency of a house in tests used to compare the mortgage amount to home value, taking precautions to avoid double-counting and to support safe and sound lending. 4. Enhanced energy efficiency underwriting criteria (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall, in consultation with the advisory group established in section 7(b), develop and issue guidelines for a covered agency to implement enhanced loan eligibility requirements, for use when testing the ability of a loan applicant to repay a covered loan, that account for the expected energy cost savings for a loan applicant at a subject property, in the manner set forth in subsections (b) and (c). (b) Requirements To account for energy cost savings The enhanced loan eligibility requirements under subsection (a) shall require that, for all covered loans for which an energy efficiency report is voluntarily provided to the mortgagee by the mortgagor, the covered agency and the mortgagee shall take into consideration the estimated energy cost savings expected for the owner of the subject property in determining whether the loan applicant has sufficient income to service the mortgage debt plus other regular expenses. To the extent that a covered agency uses a test such as a debt-to-income test that includes certain regular expenses, such as hazard insurance and property taxes, the expected energy cost savings shall be included as an offset to these expenses. Energy costs to be assessed include the cost of electricity, natural gas, oil, and any other fuel regularly used to supply energy to the subject property. (c) Determination of estimated energy cost savings (1) In general The guidelines to be issued under subsection (a) shall include instructions for the covered agency to calculate estimated energy cost savings using— (A) the energy efficiency report; (B) an estimate of baseline average energy costs; and (C) additional sources of information as determined by the Secretary. (2) Report requirements For the purposes of paragraph (1), an energy efficiency report shall— (A) estimate the expected energy cost savings specific to the subject property, based on specific information about the property; (B) be prepared in accordance with the guidelines to be issued under subsection (a); and (C) be prepared— (i) in accordance with the Residential Energy Service Network’s Home Energy Rating System (commonly known as HERS ) by an individual certified by the Residential Energy Service Network, unless the Secretary finds that the use of HERS does not further the purposes of this Act; or (ii) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory group established in section 7(b), for use under this Act, which shall include a third-party quality assurance procedure. (3) Use by appraiser If an energy efficiency report is used under subsection (b), the energy efficiency report shall be provided to the appraiser to estimate the energy efficiency of the subject property and for potential adjustments for energy efficiency. (d) Required disclosure to consumer for a home with an energy efficiency report If an energy efficiency report is used under subsection (b), the guidelines to be issued under subsection (a) shall require the mortgagee to— (1) inform the loan applicant of the expected energy costs as estimated in the energy efficiency report, in a manner and at a time as prescribed by the Secretary, and if practicable, in the documents delivered at the time of loan application; and (2) include the energy efficiency report in the documentation for the loan provided to the borrower. (e) Required disclosure to consumer for a home without an energy efficiency report If an energy efficiency report is not used under subsection (b), the guidelines to be issued under subsection (a) shall require the mortgagee to inform the loan applicant in a manner and at a time as prescribed by the Secretary, and if practicable, in the documents delivered at the time of loan application of— (1) typical energy cost savings that would be possible from a cost-effective energy upgrade of a home of the size and in the region of the subject property; (2) the impact the typical energy cost savings would have on monthly ownership costs of a typical home; (3) the impact on the size of a mortgage that could be obtained if the typical energy cost savings were reflected in an energy efficiency report; and (4) resources for improving the energy efficiency of a home. (f) Limitations A covered agency shall not— (1) modify existing underwriting criteria or adopt new underwriting criteria that intentionally negate or reduce the impact of the requirements or resulting benefits that are set forth or otherwise derived from the enhanced loan eligibility requirements required under this section; or (2) impose greater buy back requirements, credit overlays, insurance requirements, including private mortgage insurance, or any other material costs, impediments, or penalties on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this section. (g) Applicability and implementation date Not later than 3 years after the date of enactment of this Act, and before December 31, 2016, the enhanced loan eligibility requirements required under this section shall be implemented by each covered agency to— (1) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; (2) be available on any residential real property (including individual units of condominiums and cooperatives) that qualifies for a covered loan; and (3) provide prospective mortgagees with sufficient guidance and applicable tools to implement the required underwriting methods. 5. Enhanced energy efficiency underwriting valuation guidelines (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall— (1) in consultation with the Federal Financial Institutions Examination Council and the advisory group established in section 7(b), develop and issue guidelines for a covered agency to determine the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report that meets the requirements of section 4(c)(2); and (2) in consultation with the Secretary of Energy, issue guidelines for a covered agency to determine the estimated energy savings under subsection (c) for properties with an energy efficiency report. (b) Requirements The enhanced energy efficiency underwriting valuation guidelines required under subsection (a) shall include— (1) a requirement that if an energy efficiency report that meets the requirements of section 4(c)(2) is voluntarily provided to the mortgagee, such report shall be used by the mortgagee or covered agency to determine the estimated energy savings of the subject property; and (2) a requirement that the estimated energy savings of the subject property be added to the appraised value of the subject property by a mortgagee or covered agency for the purpose of determining the loan-to-value ratio of the subject property, unless the appraisal includes the value of the overall energy efficiency of the subject property, using methods to be established under the guidelines issued under subsection (a). (c) Determination of estimated energy savings (1) Amount of energy savings The amount of estimated energy savings shall be determined by calculating the difference between the estimated energy costs for the average comparable houses, as determined in guidelines to be issued under subsection (a), and the estimated energy costs for the subject property based upon the energy efficiency report. (2) Duration of energy savings The duration of the estimated energy savings shall be based upon the estimated life of the applicable equipment, consistent with the rating system used to produce the energy efficiency report. (3) Present value of energy savings The present value of the future savings shall be discounted using the average interest rate on conventional 30-year mortgages, in the manner directed by guidelines issued under subsection (a). (d) Ensuring consideration of energy efficient features Section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3339) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; and (2) in paragraph (3), by striking the period at the end and inserting ; and and inserting after paragraph (3) the following: (4) that State certified and licensed appraisers have timely access, whenever practicable, to information from the property owner and the lender that may be relevant in developing an opinion of value regarding the energy- and water-saving improvements or features of a property, such as— (A) labels or ratings of buildings; (B) installed appliances, measures, systems or technologies; (C) blueprints; (D) construction costs; (E) financial or other incentives regarding energy- and water-efficient components and systems installed in a property; (F) utility bills; (G) energy consumption and benchmarking data; and (H) third-party verifications or representations of energy and water efficiency performance of a property, observing all financial privacy requirements adhered to by certified and licensed appraisers, including section 501 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 ). Unless a property owner consents to a lender, an appraiser, in carrying out the requirements of paragraph (4), shall not have access to the commercial or financial information of the owner that is privileged or confidential. . (e) Transactions requiring state certified appraisers Section 1113 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3342) is amended— (1) in paragraph (1), by inserting before the semicolon the following: , or any real property on which the appraiser makes adjustments using an energy efficiency report ; and (2) in paragraph (2), by inserting after atypical the following: , or an appraisal on which the appraiser makes adjustments using an energy efficiency report. . (f) Protections (1) Authority To impose limitations The guidelines to be issued under subsection (a) shall include such limitations and conditions as determined by the Secretary to be necessary to protect against meaningful under or over valuation of energy cost savings or duplicative counting of energy efficiency features or energy cost savings in the valuation of any subject property that is used to determine a loan amount. (2) Additional authority At the end of the 7-year period following the implementation of enhanced eligibility and underwriting valuation requirements under this Act, the Secretary may modify or apply additional exceptions to the approach described in subsection (b), where the Secretary finds that the unadjusted appraisal will reflect an accurate market value of the efficiency of the subject property or that a modified approach will better reflect an accurate market value. (g) Applicability and implementation date Not later than 3 years after the date of enactment of this Act, and before December 31, 2016, each covered agency shall implement the guidelines required under this section, which shall— (1) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; and (2) be available on any residential real property, including individual units of condominiums and cooperatives, that qualifies for a covered loan. 6. Monitoring Not later than 1 year after the date on which the enhanced eligibility and underwriting valuation requirements are implemented under this Act, and every year thereafter, each covered agency with relevant activity shall issue and make available to the public a report that— (1) enumerates the number of covered loans of the agency for which there was an energy efficiency report, and that used energy efficiency appraisal guidelines and enhanced loan eligibility requirements; and (2) includes the default rates and rates of foreclosures for each category of loans. 7. Rulemaking (a) In general The Secretary shall prescribe regulations to carry out this Act, in consultation with the Secretary of Energy and the advisory group established in subsection (b), which may contain such classifications, differentiations, or other provisions, and may provide for such proper implementation and appropriate treatment of different types of transactions, as the Secretary determines are necessary or proper to effectuate the purposes of this Act, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (b) Advisory group To assist in carrying out this Act, the Secretary shall establish an advisory group, consisting of individuals representing the interests of— (1) mortgage lenders; (2) appraisers; (3) energy raters and residential energy consumption experts; (4) energy efficiency organizations; (5) real estate agents; (6) home builders and remodelers; (7) State energy officials; and (8) others as determined by the Secretary. 8. Additional study (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall reconvene the advisory group established in section 7(b), in addition to water and locational efficiency experts, to advise the Secretary on the implementation of the enhanced energy efficiency underwriting criteria established in sections 4 and 5. (b) Recommendations The advisory group established in section 7(b) shall provide recommendations to the Secretary on any revisions or additions to the enhanced energy efficiency underwriting criteria deemed necessary by the group, which may include alternate methods to better account for home energy costs and additional factors to account for substantial and regular costs of homeownership such as location-based transportation costs and water costs. The Secretary shall forward any legislative recommendations from the advisory group to Congress for its consideration.
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113-hr-4616
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I 113th CONGRESS 2d Session H. R. 4616 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. O’Rourke (for himself and Mr. Cook ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program to provide veterans the option of using an alternative appeals process to more quickly determine claims for disability compensation.
1. Short title This Act may be cited as the Express Appeals Act . 2. Pilot program on express appeals (a) In general The Secretary of Veterans Affairs shall carry out a pilot program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this section. (b) Election (1) Filing In accordance with paragraph (2), a claimant may elect to file an express appeal under the pilot program under subsection (a) by filing with the Secretary the following: (A) The notice of disagreement under chapter 71 of title 38, United States Code. (B) All evidence that the claimant believes is needed for the appeal as of the date of the filing. (C) A statement of the argument in support of the claim, if any. (D) The written election of the claimant to have the appeal determined under the pilot program. (2) Timing A claimant shall make an election under paragraph (1)— (A) if the claimant has filed a traditional appeal with respect to the claim for disability compensation before the date on which the pilot program under subsection (a) commences, at any time during the traditional appeal process; or (B) if the claimant has not so filed a traditional appeal with respect to the claim for disability compensation before such date, by not later than 90 days after the date on which the Secretary provides to the claimant the notice of the determination of the claim. (3) Change of processing If a claimant described in paragraph (2)(A) seeks to elect to make an election under paragraph (1) to change a traditional appeal to an express appeal, the Secretary shall— (A) inform the claimant of whether, in light of such traditional appeal being processed, the claimant will achieve any time savings through such an express appeal; and (B) if the claimant elects to file such express appeal, process the express appeal in accordance with this section to the extent practicable. (4) Reversion At any time, a claimant who makes an election under paragraph (1) may elect to revert to the traditional appeals process without any penalty to the claimant other than the loss of the docket number associated with the express appeal. (5) Use of express appeal A claimant may only make an election under paragraph (1) with respect to a claim for disability compensation filed by the claimant that is not, with respect to a claim previously decided by express appeal, a petition to reopen the claim or a separate claim for an increased rating for the claim. (6) Outreach In providing claimants with notices of the determination of a claim during the period in which the pilot program under subsection (a) is carried out, the Secretary shall provide to the claimant information regarding— (A) the pilot program; (B) how to make an election under paragraph (1); (C) what documents the claimant must provide during the course of the appeals process; and (D) the ability of the claimant to seek advice and education regarding such process from veterans service organizations and attorneys recognized under chapter 59 of title 38, United States Code. (c) Treatment by Department and Board (1) Process Upon the election of a claimant to file an express appeal pursuant to subsection (b)(1), the Secretary shall— (A) not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal; and (B) transfer jurisdiction over the express appeal directly to the Board of Veterans’ Appeals. (2) Docket The Board of Veterans’ Appeals shall— (A) maintain express appeals on a separate docket than traditional appeals; (B) hear express appeals in the order that the express appeals are received on the express appeal docket; and (C) decide not more than one express appeal for each four traditional appeals decided. (3) New evidence (A) If a claimant submits to the Board of Veterans’ Appeals any new evidence relating to an express appeal after filing such appeal, the claimant may— (i) revert to the traditional appeals process pursuant to subsection (b)(4) and use such new evidence during the course of such process; or (ii) withdraw such new evidence and continue the express appeal. (B) If a claimant withdraws new evidence pursuant to subparagraph (A)(ii), the Secretary shall inform the claimant, after the Board decides the express appeal, of the ability of the claimant to use such new evidence as the basis for a petition to reopen the claim or as a separate claim for an increased rating. (4) Prohibition on remand to regional office If the Board of Veterans’ Appeals determines that an express appeal requires additional information, including any medical examination, the Board shall— (A) direct the Veterans Benefits Administration to take such actions as may be necessary to develop such information; (B) retain jurisdiction of the express appeal without requiring a determination by the Veterans Benefits Administration based on such information; (C) direct the Veterans Benefits Administration to ensure the claimant receives a copy of such information; and (D) provide the claimant a period of 45 days after the receipt of such information to provide the Board any additional evidence. (5) Hearings Notwithstanding section 7107 of title 38, United States Code, the Board of Veterans’ Appeals may not provide hearings with respect to express appeals. A claimant may request to hold a hearing pursuant to such section 7107 if the claimant reverts to the traditional appeals process pursuant to subsection (b)(4). (d) Duration; application The Secretary shall carry out the pilot program under subsection (a) for a five-year period beginning one year after the date of the enactment of this Act. This section shall apply only to express appeals that are filed during such period. (e) Reports During each year in which the pilot program under subsection (a) is carried out, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the pilot program. The first such report shall be submitted by not later than 180 days after the date on which the pilot program commences. (f) Definitions In this section: (1) The term claimant has the meaning given that term in section 5100 of title 38, United States Code. (2) The term compensation has the meaning given that term in section 101 of title 38, United States Code. (3) The term express appeal means an appeal of a claim for disability compensation that is— (A) filed by a claimant in accordance with subsection (b)(1); and (B) considered in accordance with this section. (4) The term traditional appeal means an appeal of a claim for disability compensation that is not an express appeal.
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113-hr-4617
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I 113th CONGRESS 2d Session H. R. 4617 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Reed (for himself, Mr. Nunes , Mr. Kelly of Pennsylvania , Mrs. Black , Mr. Reichert , Mr. Griffin of Arkansas , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To condition the eligiblity of disabled children aged 16 or 17 for supplemental security income benefits on school attendance.
1. Short title This Act may be cited as the School Attendance Improves Lives Act of 2014 . 2. SSI benefits for disabled children aged 16 or 17 conditioned on school attendance (a) In general Section 1614(a)(3)(C) of the Social Security Act ( 42 U.S.C. 1382c(a)(3)(C) ) is amended by adding at the end the following: (iii) Notwithstanding clause (i) of this subparagraph, an individual who has attained 16 years of age but not 18 years of age shall not be considered an eligible individual for purposes of this title unless the individual is a full-time elementary or secondary school student (within the meaning of section 202(d)(7) and the regulations promulgated under such section), except where the Commissioner determines that the individual has good medical cause, corroborated by a treating physician, to not attend school for part or all of a month. . (b) Effective date The amendment made by subsection (a) shall apply to benefits payable for calendar months beginning after the 6-month period that begins with the date of the enactment of this Act.
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113-hr-4618
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I 113th CONGRESS 2d Session H. R. 4618 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Richmond (for himself, Mr. Conyers , Mr. Rangel , Mr. Danny K. Davis of Illinois , Mr. Grijalva , Mr. Cárdenas , Mr. Ellison , Ms. Kaptur , Ms. Bass , Ms. Kelly of Illinois , Mr. Polis , Mr. Hastings of Florida , Ms. Moore , Ms. Wilson of Florida , Ms. Jackson Lee , Ms. Norton , Mr. Honda , and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To develop and implement national standards for the use of solitary confinement in the Nation’s prisons, jails, and juvenile detention facilities.
1. Short title This Act may be cited as the The Solitary Confinement Study and Reform Act of 2014 . 2. Purposes The purposes of this Act are to— (1) develop and implement national standards for the use of solitary confinement to ensure that it is used infrequently and only under extreme circumstances; (2) establish a more humane and constitutionally sound practice of segregated detention or solitary confinement in the Nation’s prisons; (3) accelerate the development of best practices and make reforming solitary confinement a top priority in each prison, jail, and juvenile detention system at the Federal and State levels; (4) increase the available data and information on the incidence of solitary confinement, consequently improving the management and administration of correctional and juvenile justice facilities; (5) standardize the definitions used for collecting data on the incidence of solitary confinement; (6) increase the accountability of prison, jail, and juvenile corrections officials who fail to design and implement humane and constitutionally sound solitary confinement practices; (7) protect the Eighth Amendment rights of Federal, State, and local prisoners and juvenile detainees; and (8) reduce the costs that solitary confinement imposes on interstate commerce. 3. National solitary confinement study and reform commission (a) Establishment There is established a commission to be known as the National Solitary Confinement Study and Reform Commission. (b) Members (1) In general The Commission shall be composed of 9 members, of whom— (A) 3 shall be appointed by the President; (B) 2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which case 1 shall be appointed by the Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives; (C) 1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph (B); (D) 2 shall be appointed by the majority leader of the Senate, unless the majority leader is of the same party as the President, in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; and (E) 1 member appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D). (2) Persons eligible Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission. (3) Consultation required The President, the Speaker and minority leader of the House of Representatives, and the majority leader and minority leader of the Senate shall consult with one another prior to the appointment of the members of the Commission to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (4) Term Each member shall be appointed for the life of the Commission. (5) Time for initial appointments The appointment of the members shall be made not later than 180 days after the date of enactment of this Act. (6) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made, and shall be made not later than 60 days after the date on which the vacancy occurred. (c) Operation (1) Chairperson Not later than 15 days after appointments of all the members are made, the President shall appoint a chairperson for the Commission from among its members. (2) Meetings The Commission shall meet at the call of the chairperson. The initial meeting of the Commission shall take place not later than 30 days after the initial appointment of the members is completed. (3) Quorum A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. (4) Rules The Commission may establish by majority vote any other rules for the conduct of Commission business, if such rules are not inconsistent with this Act or other applicable law. (d) Comprehensive study of the impacts of solitary confinement (1) In general The Commission shall carry out a comprehensive legal and factual study of the penological, physical, mental, medical, social, fiscal, and economic impacts of solitary confinement in the United States on— (A) Federal, State, and local governments; and (B) communities and social institutions generally, including individuals, families, and businesses within such communities and social institutions. (2) Matters included The study under paragraph (1) shall include— (A) a review of existing Federal, State, and local government policies and practices with respect to the extent and duration of the use of solitary confinement; (B) an assessment of the relationship between solitary confinement and prison, jail, and juvenile detention facility conditions and existing monitoring, regulatory, and enforcement practices; (C) an assessment of the characteristics of prisoners and detainees most likely to be referred to solitary confinement and the effectiveness of various types of treatment or programs to reduce such likelihood; (D) an assessment of the impacts of solitary confinement on individuals, families, social institutions, and the economy generally; (E) an identification of additional scientific and social science research needed on the prevalence of solitary confinement in Federal, State, and local prisons, jails, and juvenile detention centers as well as a full assessment of existing literature; (F) an assessment of the general relationship between solitary confinement and mental illness; (G) an assessment of the relationship between solitary confinement and levels of training, supervision, and discipline of corrections staff; and (H) an assessment of existing Federal and State systems for collecting and reporting the number and duration of solitary confinement incidents in prisons, jails, and juvenile detention facilities nationwide. (3) Report (A) Distribution Not later than two years after the date of the initial meeting of the Commission, the Commission shall submit a report on the study carried out under this subsection to— (i) the President; (ii) the Congress; (iii) the Attorney General of the United States; (iv) the Secretary of Health and Human Services; (v) the Director of the Federal Bureau of Prisons; (vi) the Administrator of the Office of Juvenile Justice and Delinquency Prevention; (vii) the chief executive of each State; and (viii) the head of the department of corrections of each State. (B) Contents The report under subparagraph (A) shall include— (i) the findings and conclusions of the Commission; (ii) the recommended national standards for reducing the use of solitary confinement described in subsection (e); and (iii) a summary of the materials relied on by the Commission in the preparation of the report. (e) Recommendations (1) In general As part of the report submitted under subsection (d)(3), the Commission shall provide the Attorney General and the Secretary of Health and Human Services with recommended national standards for significantly reducing the use of solitary confinement in the Nation’s prisons, jails, and juvenile detention facilities. (2) Matters included The information provided under paragraph (1) shall include recommended national standards relating to— (A) how authorities can progress toward significantly limiting the utilization of solitary confinement so that a prisoner or detainee may be placed in solitary confinement only when the safety or security of the facility or another person is at imminent risk, during an ongoing disciplinary investigation concerning an adult prisoner, or to punish an adult prisoner for an extremely serious disciplinary infraction; (B) methods that can be employed to ensure that the duration of solitary confinement of a prisoner at an institution can be limited to fewer than 30 days in any 45-day period, except in a case in which the head of a corrections facility makes an individualized determination that prolonged solitary confinement of the prisoner for a serious disciplinary infraction is necessary for the order or security of the institution or a prisoner requests such placement; (C) ensuring that prior to being classified, assigned, or subject to long-term solitary confinement, an adult prisoner shall be entitled to a meaningful hearing on the reason for and duration of the confinement and have access to legal counsel for such hearings; (D) ensuring that indefinite sentencing of an adult prisoner to long-term solitary confinement will not be allowed and that the prisoner will be afforded a meaningful review of the confinement at least once every 30 days that the prisoner remains in solitary confinement and that facility officials must record and provide a transcript of the review proceedings for the prisoner under review to the prisoner or the prisoner’s designee; (E) ensuring that corrections authorities design and implement programming that allows adult prisoners subject to long-term solitary confinement to earn placement in less restrictive housing through positive behavior; (F) limiting the use of involuntary solitary confinement for the purpose of protective custody solely because of a personal characteristic that makes the prisoner particularly vulnerable to harm, including age, gender identity, race, or religion; (G) ensuring that corrections authorities improve access to mental health treatment for prisoners and juvenile detainees in solitary confinement; (H) ensuring that corrections authorities work toward systems wherein prisoners and juvenile detainees diagnosed by a qualified mental health professional with a serious mental illness shall not be held in long-term solitary confinement; (I) ensuring that corrections authorities do all that is feasible to make certain that prisoners and juvenile detainees younger than 18 years of age shall not be held in solitary confinement for any duration, except under extreme emergency circumstances; (J) ensuring that corrections authorities develop alternative methods to manage issues with juvenile detainees and prisoners under 18 other than solitary confinement; and (K) such other matters as may reasonably be related to the goal of reducing solitary confinement in the Nation’s prisons. (3) Limitation The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by Federal, State, and local corrections authorities and shall seek to propose standards that reduce the costs of incarceration to these authorities. (f) Consultation with accreditation organizations In developing recommended national standards for the reduction of solitary confinement, the Commission shall consider any standards that have already been developed, or are being developed simultaneously to the deliberations of the Commission. The Commission shall consult with accreditation organizations responsible for the accreditation of Federal, State, local, or private corrections facilities, that have developed or are currently developing standards related to solitary confinement. The Commission shall also consult with national associations representing the corrections profession, the legal profession, the medical profession, or any other pertinent professional body that has developed or is currently developing standards related to solitary confinement. (g) Hearings (1) In general The Commission shall hold public hearings. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this section. (2) Witness expenses Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission. (h) Information from federal or state agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. (i) Personnel matters (1) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (2) Detail of federal employees With the affirmative vote of 2⁄3 of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. (3) Procurement of temporary and intermittent services Upon the request of the Commission, the Attorney General shall provide reasonable and appropriate office space, supplies, and administrative assistance. (j) Contracts for research (1) National institute of justice With a 2⁄3 affirmative vote, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out its duties under this Act. The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services. (2) Other organizations Nothing in this subsection shall be construed to limit the ability of the Commission to enter into contracts with other entities or organizations for research necessary to carry out the duties of the Commission under this section. (k) Termination The Commission shall terminate on the date that is 60 days after the date on which the Commission submits the reports required by this section. (l) Exemption The Commission shall be exempt from the Federal Advisory Committee Act. 4. Adoption and effect of national standards (a) Publication of standards (1) Final rule Not later than two years after receiving the report specified in section (3)(d)(3), the Attorney General shall publish a final rule adopting national standards for the reduction of solitary confinement in the Nation’s prisons, jails, and juvenile detention centers. (2) Independent judgment The standards referred to in paragraph (1) shall be based upon the independent judgment of the Attorney General, after giving due consideration to the recommended national standards provided by the Commission under section 3(e), and being informed by such data, opinions, and proposals that the Attorney General determines to be appropriate to consider. (3) Limitation The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared to the costs presently expended by Federal, State, and local corrections authorities. The Attorney General may, however, provide a list of improvements for consideration by correctional facilities. (4) Transmission to states Within 90 days of publishing the final rule under paragraph (1), the Attorney General shall transmit the national standards adopted under that paragraph to the chief executive of each State, the head of the department of corrections of each State, the head of the department of juvenile justice of each state, and to the appropriate authorities in those units of local government who oversee operations in one or more prisons, jails, or juvenile detention facilities. (b) Applicability to federal bureau of prisons The national standards referred to in subsection (a) shall apply to the Federal Bureau of Prisons immediately upon adoption of the final rule under subsection (a)(1). (c) Eligibility for federal funds (1) Adoption of national standards For each fiscal year, any amount that a State would otherwise receive for prison, jail, and juvenile detention purposes for that fiscal year under a grant program covered by paragraph (2) shall be reduced by 15 percent unless the chief executive of the State or pertinent local government official submits to the Attorney General— (A) a certification that the State or local government has adopted, and is in full compliance with, the national standards described in subsection (a)(1); or (B) an assurance that not less than 5 percent of such amount shall be used only for the purpose of enabling the State or local government to adopt, and achieve full compliance with, those national standards, so as to ensure that a certification under subparagraph (A) may be submitted in future years. (2) Covered Programs (A) In General A grant program is covered by this subsection if— (i) the program is carried out by or under the authority of the Attorney General; and (ii) the program may provide amounts to States or local governments for criminal justice or juvenile justice purposes. (B) List For each fiscal year, the Attorney General shall prepare a list identifying each program that meets the criteria of subparagraph (A) and make such list available to each State and local government. (3) Report on noncompliance Not later than September 30 of each year, the Attorney General shall publish a report listing each grantee that is not in compliance with the national standards adopted pursuant to subsection (a)(1). (4) Redistribution of amounts Amounts under a grant program not granted by reason of a reduction under paragraph (1) shall be granted to one or more entities not subject to such reduction or such prohibition, subject to the other laws governing that program. (5) Implementation The Attorney General shall establish procedures to implement this subsection, including procedures for effectively applying this subsection to discretionary grant programs. (6) Effective date The programs covered under paragraph (2) shall be subject to decreases under this Act in the second fiscal year that commences after the date the Attorney General issues the final rule under subsection (a)(1). 5. Definitions For purposes of this Act, the following definitions shall apply: (1) Attorney General The term Attorney General means the Attorney General of the United States. (2) Commission The term Commission means the National Solitary Confinement Study and Reform Commission established under section 3 of this Act. (3) Long-term The term long-term means any period lasting more than 30 days, consecutive or nonconsecutive, in any 45-day period. (4) Qualified mental health professional The term qualified mental health professional means a psychiatrist, psychologist, psychiatric social worker, licensed professional counselor, psychiatric nurse, or another individual who, by virtue of education, credentials, and experience, is permitted by law to evaluate and provide mental health care. (5) Serious mental illness The term serious mental illness means a substantial disorder that— (A) significantly impairs judgment, behavior, or capacity to recognize reality or cope with the ordinary demands of life; and (B) is manifested by substantial pain or disability, the status of being actively suicidal, a severe cognitive disorder that results in significant functional impairment, or a severe personality disorder that results in significant functional impairment. (6) Solitary confinement The term solitary confinement means confinement of a prisoner or juvenile detainee in a cell or other place, alone or with other persons, for approximately 22 hours or more per day with severely restricted activity, movement, and social interaction. (7) Corrections The term corrections includes prisons, jails, and juvenile detention facilities.
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113-hr-4619
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I 113th CONGRESS 2d Session H. R. 4619 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Schock (for himself and Mr. Blumenauer ) 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 rule allowing certain tax-free distributions from individual retirement accounts for charitable purposes.
1. Rule allowing certain tax-free distributions from individual retirements accounts for charitable purposes made permanent (a) In general Section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Effective date The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013.
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113-hr-4620
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I 113th CONGRESS 2d Session H. R. 4620 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Smith of Washington (for himself, Ms. DelBene , Mr. Deutch , Mr. Foster , Mr. Larsen of Washington , Mr. Polis , Mr. Quigley , and Mr. Vela ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure the humane treatment of persons detained pursuant to the Immigration and Nationality Act.
1. Short title This Act may be cited as the Accountability in Immigration Detention Act of 2014 . 2. Minimum detention center standards (a) Definitions In this section: (1) Detention facility The term detention facility means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection, including facilities that hold such individuals under a contract or agreement with the Director or the Commissioner. (2) Secretary The term Secretary means the Secretary of Homeland Security. (3) Detainees The term detainee means an individual who is subject to detention under the Immigration and Nationality Act. (b) Detention requirements The Secretary shall ensure that all persons detained pursuant to the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) are treated humanely and shall ensure that all detention facilities comply with the following minimum requirements: (1) Fair and humane treatment Detainees shall not be subject to degrading or inhumane treatment, such as physical abuse, sexual abuse or harassment, psychological abuse, retaliatory actions, arbitrary punishment, or discrimination based on nationality, sexual orientation, race, gender identity, or religion. (2) Detention facility standards Detention facilities shall comply fully with the national standards for the detection, prevention, reduction, and punishment of prison rape pursuant to section 8 of the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15607 ). (3) Limitations on solitary confinement Detainees shall not be subject to solitary confinement, shackling, or strip searches, except to the extent that such techniques are necessary to ensure the security of other detainees, staff, or the public and only if less coercive measures will not ensure the security of other detainees, staff, and the public. Decisions to place detainees in solitary confinement shall be reported to the Field Officer Director at a minimum for any placement lasting at least 3 days continuously or 3 days out of a 7 day period, and reviewed on a weekly basis thereafter. (4) Investigation of grievances Detainees shall have the right to prompt, effective, and impartial investigations of grievances related to conditions of detention. No detainee shall be retaliated against for filing a complaint or grievance or for organizing peaceful demonstrations. (5) Access to telephones Detainees shall have sufficient access to telephones, and the ability to contact, free of charge, legal representatives, foreign consulates, the immigration courts, the Board of Immigration Appeals, Family Courts, local criminal courts, the UN Refugee Agency, and the Federal courts. The rates charged for telephone calls shall be reasonable and shall not significantly impair detainees’ access to telephones. (6) Location of facilities All detention facilities whose date of first use by the Department of Homeland Security occurs after the date of the enactment of this Act shall be located and within 50 miles of a community in which there is a demonstrated capacity to provide free or low-cost legal representation by— (A) nonprofit legal aid organizations; or (B) pro bono attorneys with expertise in asylum or immigration law. (7) Procedures governing transfer of detainess Procedures governing the transfer of a detainee shall take into account— (A) the detainee’s access to legal representatives; (B) the proximity of the facility to the venue of the asylum or removal proceeding; (C) the detainee’s proximity to scheduled bond hearings; and (D) the detainee’s proximity to family members. Prior to transfer, the Secretary shall give advance notice to the detainee, the attorney of the detainee, and the family of the detainee. (8) Interpretation and translation capabilities Detention facilities shall employ staff, including medical personnel, who, to the extent practicable, are qualified in the languages represented in the population of detainees at a detention facility, and alternative interpreter and translation services shall be made available. Detention facilities shall not rely on detainees to translate or interpret for one another. (9) Recreational programs and activities All detainees, including detainees in administrative or disciplinary segregation, shall be afforded daily access to indoor and outdoor recreational programs and activities. All detainees shall have access to religious services and reading materials necessary to their religious practice. (10) Vulnerable populations Procedures and conditions of detention shall accommodate the unique needs of asylum seekers, victims of torture and trafficking, families with children, detainees with special religious, cultural, or spiritual considerations, pregnant women, nursing mothers, individuals older than 65 years of age, and other vulnerable populations. (11) Quality of medical care (A) Right to medical care The Secretary shall ensure that prompt and adequate emergency, primary, specialty, and hospital medical care is provided at no cost to detainees, including dental care, eye care, mental health care, individual and group counseling, and services with respect to medical dietary needs. (B) Procedures The Secretary shall ensure that procedures for providing medical care to detainees include comprehensive intake screening, effective continuity of care, prompt responses to requests for medical care or treatment, and accurate and timely distribution of prescribed medication. (C) Medical facilities The Secretary shall ensure that medical facilities in all detention facilities maintain current accreditation by the National Commission on Correctional Health Care. (D) Medical records The Secretary shall ensure that complete medical records are maintained for every detainee and that the records are made available upon request to the detainee, the detainee's legal representative, or other authorized individuals. (12) Voluntary work Detainees may have opportunities to work and earn money while in detention, subject to the number of work opportunities available. Detainees shall be able to volunteer for work assignments but otherwise shall not be required to work, subject to the following: (A) Available work opportunities shall be provided in order to reduce idleness and improve morale, but shall not be provided for the economic benefit of the detention center. Detainees shall not be the main source of labor for the essential functions required to operate detention facilities. (B) All work opportunities shall comply with Occupational Safety and Health Administration protections. (C) The Rate of Pay for voluntary work shall be reviewed by the Secretary on an annual basis. (D) The Secretary shall provide and make publically available a report on the rate of pay, job descriptions, and full time equivalents for employed detainees compared to full time staff in each detention facility to the Committee on the Judiciary of the House, the Committee on the Judiciary of the Senate, Committee on Homeland Security of the House, and Committee on Homeland Security & Governmental Affairs of the Senate. (13) Legal orientation programs The Attorney General, in consultation with the Secretary, shall ensure that all detained aliens in immigration and asylum proceedings receive legal orientation through the Legal Orientation Program administered and implemented by the Executive Office for Immigration Review of the Department of Justice. (14) Legal access All detainees shall have access to a properly equipped law library, legal materials and equipment to facilitate the preparation of documents. All detainees shall have meaningful access to law libraries, legal materials, and equipment. Special consideration shall be given to detainees facing deadlines or time constraints. (c) Rulemaking (1) In general The Secretary shall prescribe regulations, using the procedures for negotiated rulemakings under subchapter III of chapter 5 of title 5, United States Code, to establish standards to ensure detainees held under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection are treated humanely and to ensure compliance with the minimum requirements set forth in subsection (b). (2) Representation of negotiated rulemaking committee Any negotiated rulemaking committee established by the Secretary pursuant to paragraph (1) shall include representatives and experts from— (A) relevant agencies of the Department; (B) the Office of Refugee Resettlement at the Department of Health and Human Services; (C) representatives of State and local governments; (D) the United States Commission on International Religious Freedom; (E) nongovernmental organizations with expertise working on behalf of aliens in detention facilities, including organizations that emphasize protections for vulnerable populations; (F) nongovernmental organizations with expertise advocating for asylum seekers; (G) labor organizations that represent employees who work at detention facilities; (H) accrediting bodies for medical care in settings comparable to detention facilities, such as the National Commission on Correctional Health Care, or other experts in the field of providing quality medical care in such settings; and (I) a person appointed by— (i) the majority leader of the House of Representatives; (ii) the minority leader of the House of Representatives; (iii) the majority leader of the Senate; and (iv) the minority leader of the Senate. (3) Time requirement The procedures for the negotiated rulemaking referred to in paragraph (1) shall be conducted in a timely manner to ensure that— (A) any recommendations with respect to proposed regulations are provided to the Secretary not later than 1 year after the date of enactment of this Act; and (B) a final rule is promulgated not later than 1 year and 6 months after the date of enactment of this Act. 3. Alternatives to detention (a) In general The Secretary shall establish nationwide alternatives to detention programs that incorporate case management services in each field office of the Department to ensure appearances at immigration proceedings and public safety. (b) Contract authority The Secretary may contract with nongovernmental community-based organizations to conduct screening of detainees and operate community-based supervision programs. The Secretary shall regularly assess the demand for alternative to detention programs and make available sufficient alternative to detention slots regardless of proximity to available detention beds. Alternative programs shall offer a continuum of supervision mechanisms and options, including community support, depending on an assessment of each individual’s circumstances. The Secretary may contract with nongovernmental organizations to implement secure alternatives that maintain custody over the alien. (1) Information regarding the amount of slots available in each area shall be made public. (c) Individualized determinations In determining whether to use alternatives to detention programs, the Secretary shall make an individualized determination, and for each individual placed in an alternatives to detention program, shall review the level of supervision on a monthly basis. Alternatives to detention programs shall not be used when release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (d) Custody The Secretary may use alternatives to detention programs to maintain custody over any alien detained under the Immigration and Nationality Act, except for aliens detained under section 236A of such Act ( 8 U.S.C. 1226a ). If an individual is not eligible for release from custody or detention, the Secretary shall consider the alien for placement in alternative programs that maintain custody over the alien, including the use of electronic ankle devices. (e) Vulnerable Populations (Access to Alternatives) In determining whether to place a detainee in an alternatives to detention program, the Secretary shall consider whether the detainee is a member of a vulnerable population (as identified in section 2(b)(10)). Notwithstanding section 236 of the Immigration and Nationality Act, a member of a vulnerable population whose needs cannot be adequately met by a detention facility may not be held in a detention facility except in the case of what the Secretary determines to be exceptional circumstances. 4. Detention capacity (a) In general Notwithstanding any other provision of law, the number of detention beds maintained shall be determined by the Secretary of Homeland Security and shall be based solely on detention needs. (b) Sense of Congress It is the sense of Congress that appropriations Acts shall not mandate maintenance of a minimum number of detention beds. 5. Oversight of detention facilities (a) Definitions In this section: (1) Applicable standards The term applicable standards means the most recent version of detention standards and detention-related policies issued by the Secretary or the Director of U.S. Immigration and Customs Enforcement, or the Commissioner of U.S. Customs and Border Protection in compliance with section 2. (2) Detention facility The term detention facility means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement, including facilities that hold such individuals under a contract or agreement with the Director. (b) Oversight requirements (1) Annual inspection All detention facilities shall be inspected by the Secretary on an annual basis and an independent (third party) auditor, on a biannual basis, for compliance with applicable detention standards issued by the Secretary and other applicable regulations in compliance with section 2. (2) Routine oversight In addition to annual inspections, the Secretary shall conduct routine oversight of detention facilities, including unannounced inspections. (3) Availability of records All detention facility contracts, memoranda of agreement, financial records, evaluations, audits, and reviews shall be considered records for purposes of section 552(f)(2) of title 5, United States Code. (4) Consultation The Secretary shall seek input on an annual basis from nongovernmental organizations regarding their independent opinion of specific facilities. The Secretary shall provide a report on the opinions gathered and the response of the Secretary to any concerns expressed in those consultations to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate. (5) Access Facilities shall permit representatives of the news media and nongovernmental organizations to have access to nonclassified and non-confidential information about their operation; given appropriate notice, to tour facilities; and with permission from the detainees, to interview individual detainees. (c) Compliance mechanisms (1) Agreements (A) New agreements Compliance with applicable standards and rules of the Secretary, and meaningful financial penalties for failure to comply, shall be a material term in any new contract, memorandum of agreement, or any renegotiation, modification, or renewal of an existing contract or agreement, including fee negotiations, executed with detention facilities. (B) Existing agreements Not later than 180 days after the promulgation of the rule, the Secretary shall secure a modification incorporating these terms for any existing contracts or agreements that will not be renegotiated, renewed, or otherwise modified. (C) Cancellation of agreements Unless the Secretary provides a reasonable extension to a specific detention facility that is negotiating in good faith, contracts or agreements with detention facilities that are not modified within 180 days of the promulgation of the rule, will be cancelled. (D) Provision of information In making modifications under this paragraph, the Secretary shall require that detention facilities provide to the Secretary all contracts, memoranda of agreement, evaluations, and reviews regarding the facility not later than 180 days after any modification. The Secretary shall make these materials publicly available. (2) Financial penalties (A) Requirement to impose Subject to subsection (b), the Secretary shall impose meaningful financial penalties upon facilities that fail to comply with applicable detention standards issued by the Secretary and other applicable regulations. (B) Timing of imposition Financial penalties imposed under subparagraph (A) shall be imposed 120 days after a facility fails to achieve an adequate or the equivalent median score in any performance evaluation. (C) Waiver The requirements of subparagraph (A) may be waived if the facility corrects the noted deficiencies and receives an adequate score in not more than 90 days. (D) Multiple offenders In cases of persistent and substantial noncompliance, including scoring less than adequate or the equivalent median score in 2 consecutive inspections, the Secretary shall terminate contracts or agreements for the operation and use of such facilities within 60 days, or in the case of facilities operated by the Secretary, such facilities shall be closed within 90 days. (d) Reporting requirements (1) Objectives Not later than June 30 of each year, the Secretary shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on inspection and oversight activities of detention facilities. (2) Contents Each report submitted under paragraph (1) shall include— (A) a description of each detention facility found to be in noncompliance with applicable detention standards issued by the Department and other applicable regulations; (B) a description of the actions taken by the Department to remedy any findings of non-compliance or other identified problems, including financial penalties, contract or agreement termination, or facility closure; and (C) information regarding whether the actions described in subparagraph (B) resulted in compliance with applicable detention standards and regulations.
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113-hr-4621
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I 113th CONGRESS 2d Session H. R. 4621 IN THE HOUSE OF REPRESENTATIVES May 8, 2014 Mr. Wittman (for himself, Mr. Connolly , and Mr. Wolf ) 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 certain combat zone compensation of civilian employees of the United States.
1. Short title This Act may be cited as the Federal Employee Combat Zone Tax Parity Act . 2. Exclusion from gross income for certain combat zone compensation of civilian employees of the United States (a) In general Section 112 of the Internal Revenue Code of 1986 (relating to certain combat zone compensation of members of the Armed Forces) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Civilian employees (1) In general Gross income does not include so much of the compensation as does not exceed the maximum amount specified in subsection (b) for active service as an employee of the United States for any month during any part of which such employee— (A) served in a combat zone, or (B) was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone, but this paragraph shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone. (2) Definitions For purposes of this subsection— (A) Employee The term employee has the meaning given such term by section 2105 of title 5, United States Code. (B) Active service The term active service means active Federal service by an employee. . (b) Conforming amendments (1) Section 2201(b) of such Code is amended by striking 112(c) both places it appears and inserting 112(d) . (2) The heading for section 112 of such Code is amended to read as follows: 112. Certain combat zone compensation of members of the Armed Forces and civilian employees of the United States . (3) The item relating to section 112 in the table of sections for part III of subchapter B of chapter 1 of such Code is amended to read as follows: Sec. 112. Certain combat zone compensation of members of the Armed Forces and civilian employees of the United States. . (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-4622
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I 113th CONGRESS 2d Session H. R. 4622 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Pocan (for himself, Mr. Peters of California , Ms. Brownley of California , Ms. Loretta Sanchez of California , Mr. Ruiz , Mr. Vargas , Mrs. Bustos , Mr. Waxman , Ms. Moore , Ms. Fudge , Ms. Clarke of New York , Mr. Huffman , Mr. McGovern , Mrs. Negrete McLeod , Mr. Rush , Ms. Schakowsky , Mr. Schiff , Ms. Hahn , Ms. Chu , Ms. Lofgren , Mr. Schrader , Mr. Sarbanes , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To allow certain student loan borrowers to refinance Federal student loans.
1. Short title This Act may be cited as the Federal Student Loan Refinancing Act . 2. Student loan consolidation Section 459B of the Higher Education Act of 1965 ( 20 U.S.C. 1087i–2 ) is amended— (1) in subsection (a)(3), by striking section and inserting subsection ; (2) in subsection (b), by striking this section and inserting subsection (a) each place the term appears; and (3) by inserting at the end the following: (c) Temporary Loan Consolidation Authority for certain loans made after July 1, 2006 (1) Loan consolidation authority (A) In General A borrower who has 1 or more loans in a category described in subparagraph (B) may consolidate all of the loans of the borrower that are described in subparagraph (B) into a Federal Direct Consolidation Loan during the period described in subparagraph (C). (B) Categories of loans that may be consolidated The categories of loans that may be consolidated under subparagraph (A) are loans made on or after July 1, 2006, that are— (i) loans made under this part; (ii) loans purchased by the Secretary pursuant to section 459A; and (iii) loans made under part B that are held by an eligible lender, as such term is defined in section 435(d). (C) Time period in which loans may be consolidated (i) Federal Direct Loans In the case of a borrower who has 1 or more loans described under subparagraph (B)(i), the Secretary shall— (I) consolidate the loans described under subparagraph (B)(i) not later than 90 days after the date of enactment of the Federal Student Loan Refinancing Act ; and (II) notify the borrower, in writing, prior to such consolidation that— (aa) the borrower's loans under this part have been consolidated at a lower interest rate; and (bb) the borrower's repayment plan and the other terms and conditions of the borrower's loan remain unchanged. (ii) Other Loans In the case of a borrower who has 1 or more loans described under clause (ii) or (iii) of subparagraph (B), the Secretary shall— (I) initiate the loan consolidation process for the loans described under clause (ii) or (iii) of subparagraph (B), not later than 90 days after the date of enactment of the Federal Student Loan Refinancing Act , by sending a completed loan consolidation application to the borrower; (II) notify the borrower, as part of such application, that a fee will be assessed and that the interest rate of the Federal Direct Consolidation Loan will be set in accordance with paragraph (2); and (III) notify the borrower, as part of such application, that if the borrower wishes to consolidate in accordance with the completed application, the borrower must endorse the application and submit the application to the Secretary not more than 6 months after receipt of the application. (2) Terms of loans The following terms and conditions shall apply to a Federal Direct Consolidation Loan made under this subsection: (A) The applicable rate of interest on a Federal Direct Consolidation Loan made under this subsection shall be— (i) 4 percent; or (ii) in a case in which the weighted average of the interest rates on the outstanding loans of a borrower that will be consolidated is less than 4 percent, the lesser of— (I) the weighted average of the interest rates on the outstanding loans of a borrower that will be consolidated; or (II) a rate of interest equal to— (aa) 4 percent; minus (bb) 0.4 percent of the principal balance of the consolidation loan, at the time of consolidation. (B) In the case of a loan consolidated under paragraph (1)(C)(ii), an origination fee equal to 0.4 percent of the principal balance of the consolidation loan, at the time of consolidation, will be added to the principal balance of the loan, and the Secretary shall use the fee to cover the cost of making and servicing the loan. (C) If 1 or more of the loans being consolidated is a loan described under subparagraph (B)(iii), the interest rate on the Federal Direct Consolidation Loan under this subsection shall be reduced by 0.25 percent. (D) Any benefit a borrower is receiving or earning at the time a Federal Direct Consolidation loan is issued under this subsection shall not be affected by consolidation under this section, including benefits such as a deferment or forbearance, accumulation of monthly payments as part of the public service loan forgiveness program under section 455(m), accumulation of monthly payments toward a loan discharge under the income-based repayment plan under section 493C, participation in a particular repayment plan, and other benefits to the borrower. . 3. Exemptions from other laws (a) Exemption from the Paperwork Reduction Act Chapter 35 of title 44, United States Code, shall not apply to this Act. (b) Inapplicability of rulemaking requirements Sections 482(c) and 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1089(c) , 1098a) and section 553 of title 5, United States Code, shall not apply to the amendments made by this Act, or to any regulations promulgated under such amendments.
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113-hr-4623
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I 113th CONGRESS 2d Session H. R. 4623 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Moran (for himself, Mr. Cohen , Mr. Schweikert , Ms. Wilson of Florida , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to conduct a notice and comment rulemaking before implementing certain policies relating to obstruction evaluation aeronautical studies, and for other purposes.
1. Obstruction Evaluation Aeronautical Studies The Secretary of Transportation may implement the policy set forth in the notice of proposed policy entitled Proposal To Consider the Impact of One Engine Inoperative Procedures in Obstruction Evaluation Aeronautical Studies published by the Department of Transportation on April 28, 2014 (79 Fed. Reg. 23300), only if the policy is adopted pursuant to notice and comment rulemaking and, for purposes of Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review), is treated as a significant regulatory action within the scope of section 3(f)(1) of such Order.
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113-hr-4624
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I 113th CONGRESS 2d Session H. R. 4624 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Cartwright introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Fair Debt Collection Practices Act to prohibit a court from making an award of costs to a defendant except on a finding that an action was brought in bad faith.
1. Short title This Act may be cited as the Fair Debt Collections Practices Clarification Act of 2014 . 2. Clarification that no award of costs may be made against consumers except where action brought in bad faith Section 813(a)(3) of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692k(a)(3) ) is amended by adding at the end the following: A court may only make an award of costs and attorney fees to the defendant on a finding that an action under this section was brought in bad faith and for the purpose of harassment, and may not make an award of costs or attorney fees otherwise. .
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113-hr-4625
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I 113th CONGRESS 2d Session H. R. 4625 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Hall 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 suspend the application of the rebasing of Medicare home health prospective payment amounts, and for other purposes.
1. Short title This Act may be cited as the Medicare Home Health Rebasing Relief and Reassessment Act . 2. Relief and reassessment of the rebasing of Medicare home health prospective payment amounts (a) Suspension of rebasing Section 1895(b)(3)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395fff(b)(3)(A)(iii) ) is amended— (1) in subclause (I), in the first sentence, by striking subclause (II) and inserting subclauses (II) and (III) ; (2) in subclause (II), in the first sentence, by striking The Secretary and inserting Subject to subclause (III), the Secretary ; and (3) by adding at the end the following new subclause: (III) Special rule Subclauses (I) and (II) shall not apply for the 12-month period beginning on the date of the enactment of this subclause. For periods beginning after the period described in the previous sentence, the Secretary shall apply such subclauses as if the previous sentence had not been enacted. . (b) Revision of home health outlier adjustment Section 1895(b)(5)(A) of the Social Security Act ( 42 U.S.C. 1395fff(b)(5)(A) ) is amended, in the second sentence, by inserting (or, in the case of each of the years 2015 through 2023, 2.25 percent) after 2.5 percent . (c) Study and report (1) Study (A) In general The Secretary of Health and Human Services, in consultation with representatives of Medicare home health agencies and beneficiaries, shall conduct a study on alternative methods for determining the appropriate adjustment under section 1895(b)(3)(A)(iii) of the Social Security Act ( 42 U.S.C. 1395(b)(3)(A)(iii) ), including methods offered by stakeholders. Such study shall include an analysis of each of the following: (i) The projected impact on Medicare beneficiary access to care during each of 2014 through 2017 of applying section 1895(b)(3) during each of such years without application of subparagraph (A)(iii) of such section, compared to the projected impact on such access during each of such years of applying such section during each of such years with application of such subparagraph. (ii) The number and share of home health agencies that are projected to experience negative Medicare margins by 2017, including the location, size, and type of such agencies. (iii) With respect to home health agencies described in clause (ii)— (I) the total number, average age, average income, and average number of activities of daily living of the Medicare beneficiaries such agencies serve; (II) the number of staff such agencies employ; (III) the number and location of counties in which such agencies serve as the sole provider of Medicare home health services; and (IV) to the extent practicable, the payer mix of such agencies. (iv) The impact of the adjustment on small home health agencies, as defined by the United States Small Business Administration small business size standards, consistent with the principles of the Regulatory Flexibility Act, which requires Federal agencies, including the Department of Health and Human Services, to fully consider during the rulemaking process the economic impact of regulatory provisions, as well as less burdensome regulatory alternatives, to small entities. (v) Any other areas determined appropriate by the Secretary. (B) Requirement for alternative methods and other considerations For purposes of the analysis under subparagraph (A)— (i) the alternative methods described in such subparagraph shall cover each of the years in which the rebasing adjustment under such section 1895(b)(3)(A)(iii) is to be applied; and (ii) the Secretary shall include a cumulative analysis of other Medicare home health reimbursement reductions established by statute or regulation, consistent with the requirements of Executive Order 13563. (2) Report Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations as the Secretary determines appropriate based on the findings of such study. Such report shall include— (A) a determination by the Secretary as to whether, as a result of the findings of such study, the Secretary intends to use the authority under section 1871 of the Social Security Act ( 42 U.S.C. 1395hh ) to modify the adjustment described in paragraph (1)(A) and the extent of any such modification; and (B) in the case the Secretary determines not to use such authority, the rationale for such determination.
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113-hr-4626
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I 113th CONGRESS 2d Session H. R. 4626 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mrs. Capito introduced the following bill; which was referred to the Committee on Financial Services A BILL To ensure access to certain information for financial services industry regulators, and for other purposes.
1. Short title This Act may be cited as the SAFE Act Confidentiality and Privilege Enhancement Act . 2. Confidentiality of information shared between state and federal financial services regulators Section 1512(a) of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5111(a) ) is amended by inserting or financial services before industry .
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113-hr-4627
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I 113th CONGRESS 2d Session H. R. 4627 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Posey (for himself and Ms. Wasserman Schultz ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to authorize coverage of post-mastectomy water-resistant coverings if they are determined to be consistent with clinical protocol or medically necessary to reduce the risk of infection, and for other purposes.
1. Short title This Act may be cited as the Post-Mastectomy Infection Risk Reduction Act of 2014 . 2. Medicare coverage of post-mastectomy water-resistant coverings if they are determined to be consistent with medical protocol or medically necessary to reduce the risk of infection Section 1861(n) of the Social Security Act ( 42 U.S.C. 1395x(n) ) is amended by adding at the end the following: Such term includes a post-mastectomy water-resistant covering insofar as the Secretary determines that such a covering is consistent with clinical protocol or is medically necessary to reduce the risk of infection after a mastectomy. .
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113-hr-4628
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I 113th CONGRESS 2d Session H. R. 4628 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Ms. Duckworth (for herself, Ms. Bordallo , Mrs. Noem , Mr. Blumenauer , Ms. Speier , Mr. Richmond , Ms. Matsui , Mr. Conyers , Mrs. Negrete McLeod , Ms. Kuster , Mrs. Carolyn B. Maloney of New York , Ms. Clark of Massachusetts , Ms. Tsongas , Mr. Honda , Mr. Garamendi , Mr. Nugent , Ms. Frankel of Florida , Ms. Brownley of California , Ms. Jackson Lee , Ms. Brown of Florida , Ms. DelBene , Mrs. Miller of Michigan , Mrs. Capito , Mr. DesJarlais , Mr. Price of Georgia , Mr. Farenthold , Mrs. Black , Mrs. Lummis , Mr. Harris , Mr. Veasey , Ms. Shea-Porter , Mr. Fleischmann , Mr. Barber , Ms. Michelle Lujan Grisham of New Mexico , Mr. Polis , Ms. Hanabusa , Ms. Bass , Mr. Ruiz , Ms. DeLauro , Mr. Cassidy , Mr. Meadows , Mr. Westmoreland , Mr. Schock , Mr. Duncan of South Carolina , Mr. Southerland , Mr. Huizenga of Michigan , Mr. Pearce , Ms. Hahn , Mr. Rodney Davis of Illinois , Mr. Gingrey of Georgia , Mr. Bucshon , Mr. Vargas , Ms. Titus , Mrs. Kirkpatrick , and Mr. Coffman ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize additional leave for members of the Armed Forces in connection with the birth of a child.
1. Short title This Act may be cited as the Military Opportunities for Mothers Act or the MOM Act . 2. Availability of additional leave for members of the Armed Forces in connection with the birth of a child Section 701(j) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) by inserting after (j) the following new paragraph (1): (1) Under regulations prescribed by the Secretary concerned, a member of the armed forces who gives birth to a child shall receive 42 days of convalescent leave to be used in connection with the birth of the child. At the discretion of the member, the member shall be allowed up to 42 additional days in a leave of absence status in connection with the birth of the child upon the expiration of the convalescent leave, except that— (A) a member who uses this additional leave is not entitled to basic pay for any day on which such additional leave is used, but shall be considered to be on active duty for all other purposes; and (B) the commanding officer of the member may recall the member to duty from such leave of absence status when necessary to maintain unit readiness. ; and (3) in paragraph (3), as redesignated, by striking paragraph (1) and inserting paragraphs (1) and (2) .
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113-hr-4629
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I 113th CONGRESS 2d Session H. R. 4629 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Ms. DelBene (for herself, Mr. Schneider , Ms. Bonamici , Mr. McDermott , Mrs. Bustos , Mrs. Negrete McLeod , Mr. Hinojosa , Ms. Esty , Ms. Brownley of California , Mr. Pocan , Ms. Kuster , Mr. Heck of Washington , Mr. DeFazio , Mr. Cicilline , Mr. Kilmer , Mr. Vela , Mr. Vargas , Mr. Courtney , Mr. Perlmutter , Mr. McGovern , Mrs. Kirkpatrick , Mr. Pallone , Ms. Shea-Porter , Mr. Richmond , Mr. Conyers , Mr. Nolan , Ms. Hahn , Mr. Larsen of Washington , Mr. Peters of California , Mr. Enyart , Ms. Wasserman Schultz , Mr. Honda , Mr. Michaud , and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for the establishment of a pilot program to encourage the employment of veterans in manufacturing positions.
1. Short title This Act may be referred to as the Manufacturing Jobs for Veterans Act . 2. Veterans Manufacturing Employment Program (a) Establishment of pilot program To encourage the employment of eligible veterans in manufacturing, the Secretary of Labor, as part of the Veteran’s Workforce Investment Program, shall carry out a pilot program to be known as the Veterans Manufacturing Employment Program . Under the pilot program, the Secretary shall award competitive grants to three States for the establishment and administration of a State program to make grants to manufacturing employers and labor-management organizations that provide covered training, on-job training, apprenticeships, and certification classes to eligible veterans. Such a program shall be known as a State Manufacturing Employment Program . (b) Eligibility for grants To be eligible to receive a grant under the pilot program, a State shall submit to the Secretary an application that includes each of the following: (1) A proposal for the expenditure of grant funds to establish and administer a public-private partnership program designed to provide covered training, on-job training, apprenticeships, and certification classes to a significant number of eligible veterans and ensure lasting and sustainable employment in well-paying jobs in manufacturing. (2) Evidence that the State has— (A) a population of eligible veterans of an appropriate size to carry out the State program; (B) a robust and diverse manufacturing industry; and (C) the ability to carry out the State program described in the proposal under paragraph (1). (3) Such other information and assurances as the Secretary may require. (c) Use of funds A State that is the recipient of a grant under this section shall use the grant for the following purposes: (1) Making grants to manufacturing employers and labor-management organizations to reimburse such employers and organizations for the cost of providing covered training, on-job training, apprenticeships, and certification classes to eligible veterans. (2) Conducting outreach to inform manufacturing employers, labor-management organizations, and veterans, including veterans in rural areas, of their eligibility or potential eligibility for participation in the State program. (d) Conditions Under the pilot program, each grant to a State shall be subject to the following conditions: (1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (c). (2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. (e) Employer requirements In order to receive a grant made by a State under the pilot program, a manufacturing employer shall— (1) submit to the administrator of the State Manufacturing Employment Program an application that includes— (A) the rate of pay for each eligible veteran proposed to be trained using grant funds; (B) the average rate of pay for an individual employed by the manufacturing employer in a similar position who is not an eligible veteran; and (C) such other information and assurances as the administrator may require; and (2) agree to submit to the administrator, for each quarter, a report containing such information as the Secretary may specify. (f) Limitation None of the funds made available to a manufacturing employer through a grant under the pilot program may be used to provide training of any kind to a person who is not an eligible veteran. (g) Report to Congress Together with the report required to be submitted annually under section 4107(c) of title 38, United States Code, the Secretary shall submit to Congress a report on the pilot program for the year covered by such report. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program. (h) Administrative and reporting costs Of the amounts appropriated pursuant to the authorization of appropriations under subsection (j), 2 percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (f). The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. (i) Definitions For purposes of this section: (1) The term covered training, on-job training, apprenticeships, and certification classes means training, on-job training, apprenticeships, and certification classes that are— (A) designed to provide the veteran with skills that are particular to manufacturing and not directly transferable to employment in another industry; and (B) approved as provided in paragraph (1) or (2), as appropriate, of subsection (a) of section 3687 of title 38, United States Code. (2) The term eligible veteran means a veteran, as that term is defined in section 101(3) of title 38, United States Code, who is employed by a manufacturing employer and enrolled or participating in a covered training, on-job training, apprenticeship, or certification class. (3) The term manufacturing employer means a business concern— (A) that employs individuals in a trade or business in manufacturing; (B) the production facilities of which are located in the United States; and (C) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System. (j) Appropriations There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2015 through 2019, for the purpose of carrying out the pilot program.
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113-hr-4630
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I 113th CONGRESS 2d Session H. R. 4630 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Larson of Connecticut (for himself and Mr. Rooney ) 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 certain behavioral health treatment under TRICARE for children and adults with developmental disabilities, and for other purposes.
1. Short title This Act may be cited as the Caring for Military Children with Developmental Disabilities Act of 2014 . 2. Behavioral health treatment of developmental disabilities under the TRICARE program (a) Behavioral health treatment of developmental disabilities under TRICARE Section 1077 of title 10, United States Code, is amended by adding at the end the following new subsection: (g) (1) Subject to paragraph (4), in providing health care under subsection (a), the treatment of developmental disabilities (as defined by section 102(8) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002(8) )), including autism spectrum disorder, shall include behavioral health treatment, including applied behavior analysis, when prescribed by a physician or psychologist. (2) In carrying out this subsection, the Secretary shall ensure that— (A) except as provided by subparagraph (B), behavioral health treatment is provided pursuant to this subsection— (i) in the case of such treatment provided in a State that requires licensing or certification of applied behavioral analysts by State law, by an individual who is licensed or certified to practice applied behavioral analysis in accordance with the laws of the State; or (ii) in the case of such treatment provided in a State other than a State described in clause (i), by an individual who is licensed or certified by a State or an accredited national certification board; and (B) applied behavior analysis or other behavioral health treatment may be provided by an employee, contractor, or trainee of a person described in subparagraph (A) if the employee, contractor, or trainee meets minimum qualifications, training, and supervision requirements as set forth in applicable State law, by an appropriate accredited national certification board, or by the Secretary. (3) (A) This subsection shall not apply to a medicare eligible beneficiary (as defined in section 1111(b) of this title). (B) Nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a covered beneficiary under— (i) this chapter; (ii) title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ); or (iii) any other law. (4) In addition to the requirement under section 1100(c)(1) of this title, with respect to retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or dependents of any such retired members, treatment shall be provided under this subsection in a fiscal year only to the extent that amounts are specifically provided in advance in appropriations Acts for the Defense Health Program Account for the provision of such treatment for such fiscal year. . (b) Funding Section 1100 of title 10, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): (c) Behavioral health treatment of developmental disabilities (1) Funds for treatment under section 1077(g) of this title may be derived only from the Defense Health Program Account. Notwithstanding any other provision of law, such funds may not be reimbursed from any account that would otherwise provide funds for the treatment of retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or dependents of any such retired members. (2) As provided for in paragraph (4) of section 1077(g), with respect to retired members of the Coast Guard, the Commissioned Corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service, or dependents of any such retired members, treatment under such section shall be provided in a fiscal year only to the extent that amounts are specifically provided in advance in appropriations Acts for the Defense Health Program Account for the provision of such treatment for such fiscal year. . (c) Sense of Congress It is the sense of Congress that amounts should be appropriated for behavioral health treatment of TRICARE beneficiaries, pursuant to the amendments made by this section, in a manner to ensure the appropriate and equitable access to such treatment by all such beneficiaries.
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113-hr-4631
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I 113th CONGRESS 2d Session H. R. 4631 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Smith of New Jersey (for himself, Mr. Doyle , Mrs. McMorris Rodgers , Mr. Van Hollen , Mr. Sessions , Mr. Wolf , Mr. Stivers , Mr. Meehan , Mr. Moran , Mrs. Blackburn , Mr. Miller of Florida , Mrs. Walorski , Mr. Larson of Connecticut , Ms. Jackson Lee , Mr. Harper , Mr. Lance , Mr. Meadows , Mr. Marino , Mr. Deutch , Mr. Rooney , Mr. Pompeo , Mr. Aderholt , Mr. Bachus , Mr. Gibson , Mrs. Miller of Michigan , Mr. Young of Alaska , Mr. King of New York , Ms. Shea-Porter , Ms. DeLauro , Mr. Murphy of Pennsylvania , Mr. Fitzpatrick , Mr. Terry , Mr. Kelly of Pennsylvania , Mr. Yoder , and Mr. Matheson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reauthorize certain provisions of the Public Health Service Act relating to autism, and for other purposes.
1. Short title This Act may be cited as the Combating Autism Reauthorization Act of 2014 . 2. Reauthorization of programs relating to autism (a) National Autism Spectrum Disorder Initiative Part R of title III of the Public Health Service Act ( 42 U.S.C. 280i et seq. ) is amended— (1) by redesignating sections 399AA through 399EE as sections 399BB through 399FF, respectively; and (2) by inserting before section 399BB, as redesignated, the following: 399AA. National Autism Spectrum Disorder Initiative (a) Establishment For the purposes described in subsection (b), the Secretary shall designate an official within the Department of Health and Human Services to establish and oversee a National Autism Spectrum Disorder Initiative (in this section referred to as the Initiative ). (b) Purposes The purposes of the Initiative shall be— (1) to implement a strategic plan for the conduct of, and support for, autism spectrum disorder research, taking into account the strategic plan developed by the Interagency Autism Coordinating Committee under section 399DD(b); and (2) to ensure that autism spectrum disorder research programs and activities of the Department of Health and Human Services are not unnecessarily duplicative of other Federal research programs and activities. . (b) Developmental disabilities surveillance and research program Section 399BB of the Public Health Service Act ( 42 U.S.C. 280i ), as redesignated, is amended— (1) in subsection (a), by inserting for children and adults after reporting of State epidemiological data ; (2) in subsection (b)(1), by striking establishment of regional centers of excellence and inserting establishment or support of regional centers of excellence ; (3) in subsection (b)(2), by striking center to be established and inserting center to be established or supported ; and (4) in subsection (e), by striking 2014 and inserting 2019 . (c) Autism education, early detection, and intervention Section 399CC(g) of the Public Health Service Act ( 42 U.S.C. 280i–1 ), as redesignated, is amended by striking 2014 and inserting 2019 . (d) Interagency Autism Coordinating Committee (1) Appointment of members by congressional leaders Section 399DD(c)(1) of the Public Health Service Act ( 42 U.S.C. 280i–2(c)(1) ), as redesignated, is amended— (A) in subparagraph (D), by striking and at the end; (B) by redesignating subparagraph (E) as subparagraph (I); and (C) by inserting after subparagraph (D) the following: (E) one member appointed by the Speaker of the House of Representatives; (F) one member appointed by the majority leader of the Senate; (G) one member appointed by the minority leader of the House of Representatives; (H) one member appointed by the minority leader of the Senate; and . (2) Preventing duplication Section 399DD(b) of the Public Health Service Act ( 42 U.S.C. 280i–2(b) ), as redesignated, is amended— (A) in paragraph (5), by striking and at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: (6) include in such strategic plan recommendations to ensure that autism spectrum disorder research programs and activities of the Department of Health and Human Services are not unnecessarily duplicative of other Federal research programs and activities; and . (3) Extension of sunset provision Section 399DD(f) of the Public Health Service Act ( 42 U.S.C. 280i–2 ), as redesignated, is amended by striking 2014 and inserting 2019 . (e) Report to Congress Section 399EE of the Public Health Service Act ( 42 U.S.C. 280i–3 ), as redesignated, is amended— (1) in subsection (a), by striking Combating Autism Reauthorization Act of 2011 and inserting Combating Autism Reauthorization Act of 2014 ; and (2) in subsection (b)— (A) in paragraph (1), by striking provisions of the Combating Autism Act of 2006 and inserting provisions of this part, section 404H, and section 409C ; (B) in paragraph (2), by striking provisions of Combating Autism Act of 2006 and inserting provisions of this part, section 404H, and section 409C ; (C) in paragraph (3), by striking Combating Autism Act of 2006 and inserting Combating Autism Reauthorization Act of 2011 ; (D) in paragraphs (4) and (5), by striking over the 6-year period beginning on each place it appears and inserting since ; (E) in paragraph (8), by striking and at the end; (F) in paragraph (9), by striking the period at the end and inserting ; and ; and (G) by adding at the end the following: (10) a description of the actions taken to implement, and the progress made on implementation, of the strategic plan developed by the Interagency Autism Coordinating Committee. . (f) Authorization of appropriations Section 399FF of the Public Health Service Act ( 42 U.S.C. 280i–4 ), as redesignated, is amended— (1) in subsection (a)— (A) by striking 399AA and inserting 399BB ; and (B) by striking fiscal years 2012 through 2014 and inserting fiscal years 2015 through 2019 ; (2) in subsection (b)— (A) by striking 399BB and inserting 399CC ; and (B) by striking fiscal years 2011 through 2014 and inserting fiscal years 2015 through 2019 ; and (3) in subsection (c)— (A) by striking 399CC and inserting 399DD ; and (B) by striking $161,000,000 for each of fiscal years 2011 through 2014 and inserting $190,000,000 for each of fiscal years 2015 through 2019 . 3. Report to Congress on demographics and needs of adults with autism spectrum disorder (a) In general Not later than 24 months after the date of enactment of this Act, the Comptroller General of the United States shall complete a study and submit to the Congress a report on the demographics and needs, if any, of individuals in the United States with an autism spectrum disorder (in this section referred to as ASD ). (b) Issues To Be addressed The study and report under subsection (a) shall— (1) address the demographics of individuals with ASD making the transition from a school-based support system to adulthood; (2) address the needs, if any, of adults with ASD with respect to— (A) community integration; (B) housing and residential supports; (C) employment; (D) transportation; (E) vocational training and rehabilitation; (F) continued education; (G) health care and social services; (H) speech therapy; (I) public safety; and (J) day habilitation activities, including those to provide a safe, respectful, and stimulating environment that allows participants to become active members of their community; (3) provide an overview of Federal, State, and local government policies and programs, and any available private (including private nonprofit) sector assistance, for addressing the needs identified in paragraph (2); and (4) provide policy recommendations to— (A) improve outcomes for adults with ASD making the transition from a school-based support system to adulthood; (B) enhance the effectiveness of the policies, programs, and assistance described in paragraph (3); (C) ensure integration of and collaboration among services for addressing the needs of adults with ASD; and (D) encourage independent living, equal opportunity, full participation, and economic self-sufficiency. (c) Survey (1) In general In carrying out this section, the Comptroller General shall conduct a survey of public and private sector stakeholders on— (A) the needs, if any, of adults with ASD; (B) the services and resources available for addressing such needs; and (C) the effectiveness of such services and resources. (2) Stakeholders The stakeholders to be surveyed under paragraph (1) include the following: (A) Individuals from the business community representing both large and small businesses. (B) Institutions of higher education, community colleges, vocational schools, and university centers for excellence in developmental disabilities. (C) Social service providers, including case management experts and health care providers. (D) Vocational rehabilitation experts. (E) State and local housing departments and nonprofit organizations that provide housing services for individuals with disabilities. (F) Individuals with ASD, parents of individuals with ASD, and representatives from advocacy groups that focus on individuals with ASD. (G) Officials or employees of the Federal Government responsible for overseeing disability services at each of the following departments and agencies: (i) The Department of Health and Human Services, including the Administration for Children and Families, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, and the Administration for Community Living. (ii) The Department of Education. (iii) The Department of Housing and Urban Development. (iv) The Department of Labor. (v) The Department of Justice. (vi) The Department of Transportation. (vii) Any other Federal departments and agencies determined appropriate by the Comptroller General.
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113-hr-4632
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I 113th CONGRESS 2d Session H. R. 4632 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Gosar (for himself, Mr. Jones , Mr. Ruiz , and Mr. Barrow of Georgia ) introduced the following bill; which was referred to the Committee on House Administration A BILL To prohibit the use of funds provided for the official travel expenses of Members of Congress and other officers and employees of the legislative branch for airline accommodations which are not coach-class accommodations, and for other purposes.
1. Short title This Act may be cited as the If Our Military Has to Fly Coach Then so Should Congress Act of 2014 . 2. Prohibiting use of funds for official travel expenses of Members of Congress and legislative branch employees for airline accommodations other than coach-class (a) Prohibition Except as provided in subsection (b), no funds appropriated or otherwise made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch may be used for airline accommodations which are not coach-class accommodations. (b) Exceptions Funds described in subsection (a) may be used for airline accommodations which are not coach-class accommodations for an individual described in subsection (a) if the use of the funds for such accommodations would be permitted under sections 301–10.121 through 301–10.125 of title 41 of the Code of Federal Regulations if the individual were an employee of an agency which is subject to chapter 301 of such title. (c) Rule of Construction Nothing in this Act may be construed to affect any officer or employee of an office of the legislative branch which, as of the date of the enactment of this Act, is subject to chapter 301 of title 41 of the Code of Federal Regulations. (d) Definitions (1) Coach-class accommodations In this Act, the term coach-class accommodations means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers. (2) Member of Congress In this Act, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. 3. Effective date This Act shall apply with respect to fiscal year 2015 and each succeeding fiscal year.
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113-hr-4633
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I 113th CONGRESS 2d Session H. R. 4633 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Griffith of Virginia introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXVII of the Public Health Service Act to require certain health insurance premium increase information submitted to the Secretary of Health and Human Services be disclosed to Congress.
1. Short title This Act may be cited as the Insurance Rate Transparency Act . 2. Disclosure to Congress of certain health insurance premium increase information Section 2794(b) of the Public Health Service Act ( 42 U.S.C. 300gg–94(b) ) is amended by adding at the end the following new paragraph: (3) Reports to Congress In the case of any information (including justification) relating to premium increases that is submitted for the 2015 plan year or a subsequent plan year to the Secretary pursuant to subsection (a) or this subsection, not later than 30 days after the date of receipt of such information (or, in the case of information submitted before the date of the enactment of this paragraph for the plan year 2015, not later than 30 days after such date of enactment), the Secretary shall submit to the Committees on Energy and Commerce and on Ways and Means of the House of Representatives and the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate a report containing such information presented according to the following categories of health care consumers: (A) A category representing self-only coverage for a single, nonsmoking male who is 30 years of age. (B) A category representing self-only coverage for a single, smoking male who is 30 years of age. (C) A category representing self-only coverage for a single, nonsmoking female who is 30 years of age. (D) A category representing self-only coverage for a single, smoking female who is 30 years of age. (E) A category representing family coverage for a family of four, including two parents who are each 40 years of age. (F) A category representing family coverage for a couple consisting of two individuals who are each 55 years of age. .
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113-hr-4634
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I 113th CONGRESS 2d Session H. R. 4634 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Reichert (for himself and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow Federal law enforcement officers and firefighters to make penalty-free withdrawals from governmental plans after age 50.
1. Early retirement distributions to Federal law enforcement officers and firefighters in governmental plans (a) In general Subparagraph (B) of section 72(t)(10) of the Internal Revenue Code of 1986 is amended— (1) by striking the period at the end and inserting , or , (2) by striking means any employee and inserting the following: means— (i) any employee , and (3) by adding at the end the following new clause: (ii) any Federal law enforcement officer described in section 8331(20) or 8401(17) of title 5, United States Code, any Federal customs and border protection officer described in section 8331(31) or 8401(36) of such title, or any Federal firefighter described in section 8331(21) or 8401(14) of such title. . (b) Application to defined contribution plans Subparagraph (A) of section 72(t)(10) of such Code is amended by striking which is a defined benefit plan . (c) Effective date The amendments made by this section shall apply to distributions after the date of the enactment of this Act.
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113-hr-4635
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I 113th CONGRESS 2d Session H. R. 4635 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Aderholt introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Communications Act of 1934 to provide for greater access to in-State television broadcast programming, and for other purposes.
1. Short title This Act may be cited as the Orphan County Telecommunications Rights Act of 2014 . 2. Modification of local television markets (a) In general Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following: 343. Modification of local television markets (a) In general The adjacent underserved county of a television broadcast station may file with the Commission a petition for the inclusion of such county in the local market of such station. Not later than 120 days after receiving such a petition, the Commission shall grant such petition by modifying the local market of such station by including such county in such market. (b) Multiple markets The Commission may determine under subsection (a) that a particular county is part of the local market of more than one television broadcast station affiliated with the same television network. (c) Single petition A county may request the inclusion of such county in the local market of more than one television broadcast station in a single petition filed under subsection (a). (d) Point of contact with county A county that files a petition under subsection (a) shall designate an official or body to communicate with the Commission about matters relating to such petition. (e) Carriage during pendency of proceeding During the pendency of a proceeding on a petition under subsection (a) for the inclusion of a county in the local market of a television broadcast station, a multichannel video programming distributor may not delete from carriage the signal of a television broadcast station— (1) that is affiliated with the same television network; and (2) the local market of which includes such county. (f) Definitions In this section: (1) Adjacent market (A) In general The term adjacent market means, with respect to a television broadcast station, any designated market area adjacent to, and partially but not entirely in the same State as, the designated market area in which the station’s community of license is located. (B) Treatment of certain counties In the case of a county that is not within the local market or the adjacent market (as defined in subparagraph (A)) of any network station licensed to a community in the State in which such county is located, such county shall be considered to be within the adjacent market of any television broadcast station licensed to a community in the nearest designated market area— (i) that is located in whole or in part within such State; and (ii) with respect to which the community of license of at least one network station is located both in such designated market area and in such State. (2) Adjacent underserved county The term adjacent underserved county means, with respect to a television broadcast station, a county within the station’s adjacent market that is both— (A) located in the same State as the station’s community of license; and (B) not within the local market of any other station that is both affiliated with the same television network and located in the same State. (3) Cable operator The term cable operator has the meaning given such term in section 602. (4) County The term county means a county, parish, or similar political subdivision of a State of the type generally used in determining the boundaries of designated market areas. (5) Designated market area The term designated market area has the meaning given such term in section 122(j)(2)(C) of title 17, United States Code. (6) Local market The term local market means, with respect to a television broadcast station— (A) for purposes of carriage of such station by satellite carriers, the local market of such station as determined under section 122(j)(2) of title 17, United States Code; and (B) for purposes of carriage of such station by cable operators, the television market of such station as determined under section 614(h)(1)(C). (7) Multichannel video programming distributor The term multichannel video programming distributor has the meaning given such term in section 602. (8) Network station The term network station has the meaning given such term in section 119(d) of title 17, United States Code. (9) Satellite carrier The term satellite carrier has the meaning given such term in section 119(d) of title 17, United States Code. (10) Television broadcast station The term television broadcast station has the meaning given such term in section 325(b). (11) Television network The term television network has the meaning given such term in section 339(d). . (b) Effect for purposes of cable carriage Section 614(h)(1)(C) of the Communications Act of 1934 ( 47 U.S.C. 534(h)(1)(C) ) is amended— (1) by moving the margin of clause (iv) two ems to the left; and (2) by adding at the end the following: (v) If the Commission modifies the local market of a television broadcast station under section 343 by including a county in such market, the Commission shall include within the television market of such station for purposes of this section all of the communities within such county. . (c) Effect for purposes of satellite carriage Section 122(j)(2) of title 17, United States Code, is amended by adding at the end the following: (E) Modification by FCC If the Federal Communications Commission modifies the local market of a television broadcast station under section 343 of the Communications Act of 1934, such modification shall modify the local market of such station as determined under this paragraph. .
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113-hr-4636
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I 113th CONGRESS 2d Session H. R. 4636 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Ms. Bass (for herself, Mr. McDermott , Mr. Marino , Ms. Slaughter , and Mrs. Bachmann ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Child Abuse Prevention and Treatment Act to allow State child protective services systems better to serve the needs of children who are victims of trafficking, and for other purposes.
1. Short title This Act may be cited as the Strengthening the Child Welfare Response to Trafficking Act of 2014 . 2. State plans to serve child victims of trafficking (a) In general Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended— (1) in subsection (b)(2)(B)— (A) in clause (xxii), by striking and at the end; and (B) by adding at the end the following: (xxiv) provisions and procedures to identify and assess reports involving child trafficking (as described in section 103(15) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(15) )); and (xxv) provisions and procedures for training child protective services workers about identifying children who are victims described in clause (xxiv) and services available to address their needs, including those provided by State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population; and ; and (2) in subsection (d), by adding at the end the following: (17) The number of children determined to be a victim of each type of trafficking described in subparagraphs (A) and (B) of section 103(9) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(9) ). . (b) Special rule Section 111 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g ) is amended— (1) by striking For purposes and inserting the following: (a) Definitions For purposes ; and (2) by adding at the end the following: (b) Special Rule For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of child abuse and neglect if the child is identified, by a State or local agency employee of the State or locality involved, as a victim of trafficking (as described in section 103(15) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(15) )). . 3. Effective date (a) In general Except as otherwise provided in this section, the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act. (b) Delay permitted if State legislation required In the case of an approved State plan under section 106(b) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b) ) which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.
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113-hr-4637
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I 113th CONGRESS 2d Session H. R. 4637 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Ms. Bonamici introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require the sunset of certain Federal Government reporting requirements to Congress, and for other purposes.
1. Short title This Act may be cited as the Government Reporting Efficiency Act of 2014 . 2. Sunset of reporting requirements (a) In general On the date that is 5 years after the date of the enactment of this Act (hereafter, original sunset date ), and every 5 years after the original sunset date (hereafter, subsequent sunset date ), any statutory requirement for an entity of the Federal Government to submit a report to Congress that is in effect on or after the original sunset date, or the subsequent sunset date, as applicable, shall have no force or effect if the requirement does not include the permanent exception sentence under subsection (b), except for any statutory requirement to submit a report to Congress that is enacted after the sunset date, or the subsequent sunset date, as applicable. (b) Permanent exception to automatic sunset With respect to any statutory requirement to submit a report to Congress that is an exception under subsection (a), such requirement shall have no force or effect on the date that is 5 years after the date of the enactment of such requirement, unless the requirement includes the following sentence: This reporting requirement is a permanent exception under the Government Reporting Efficiency Act of 2014 . .
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113-hr-4638
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I 113th CONGRESS 2d Session H. R. 4638 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Cleaver (for himself, Mr. Graves of Missouri , Ms. Norton , Mr. Long , Mr. Clay , Mr. Luetkemeyer , Mr. Smith of Missouri , Mrs. Wagner , Mr. Huffman , Mrs. Hartzler , and Mr. Yoder ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate Union Station in Washington, DC, as the Harry S. Truman Union Station .
1. Harry S. Truman Union Station (a) Designation Union Station, located at 405 Massachusetts Avenue, NE., Washington, DC, shall be known and designated as the Harry S. Truman Union Station . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Harry S. Truman Union Station .
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113-hr-4639
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I 113th CONGRESS 2d Session H. R. 4639 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Cohen introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize funding for the creation and implementation of infant mortality pilot programs in standard metropolitan statistical areas with high rates of infant mortality, and for other purposes.
1. Short title This Act may be cited as the Nationally Enhancing the Wellbeing of Babies through Outreach and Research Now Act or the NEWBORN Act . 2. Infant mortality pilot programs Section 330H of the Public Health Service Act ( 42 U.S.C. 254c–8 ) is amended— (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following: (e) Infant Mortality Pilot Programs (1) In general The Secretary, acting through the Administrator, shall award grants to eligible entities to create, implement, and oversee infant mortality pilot programs. (2) Period of a grant The period of a grant under this subsection shall be 5 consecutive fiscal years. (3) Preference In awarding grants under this subsection, the Secretary shall give preference to eligible entities proposing to serve any of the 15 counties or groups of counties with the highest rates of infant mortality in the United States in the past 3 years. (4) Use of funds Any infant mortality pilot program funded under this subsection may— (A) include the development of a plan that identifies the individual needs of each community to be served and strategies to address those needs; (B) provide outreach to at-risk mothers through programs deemed appropriate by the Administrator; (C) develop and implement standardized systems for improved access, utilization, and quality of social, educational, and clinical services to promote healthy pregnancies, full-term births, and healthy infancies delivered to women and their infants, such as— (i) counseling on infant care, feeding, and parenting; (ii) postpartum care; (iii) prevention of premature delivery; and (iv) additional counseling for at-risk mothers, including smoking cessation programs, drug treatment programs, alcohol treatment programs, nutrition and physical activity programs, postpartum depression and domestic violence programs, social and psychological services, dental care, and parenting programs; (D) establish a rural outreach program to provide care to at-risk mothers in rural areas; (E) establish a regional public education campaign, including a campaign to— (i) prevent preterm births; and (ii) educate the public about infant mortality; (F) provide for any other activities, programs, or strategies as identified by the community plan; and (G) coordinate efforts between— (i) the health department of each county or other eligible entity to be served through the infant mortality pilot program; and (ii) existing entities that work to reduce the rate of infant mortality within the area of any such county or other eligible entity. (5) Limitation Of the funds received through a grant under this subsection for a fiscal year, an eligible entity shall not use more than 10 percent for program evaluation. (6) Reports on pilot programs (A) In general Not later than 1 year after receiving a grant, and annually thereafter for the duration of the grant period, each entity that receives a grant under paragraph (1) shall submit a report to the Secretary detailing its infant mortality pilot program. (B) Contents of report The reports required under subparagraph (A) shall include information such as the methodology of, and outcomes and statistics from, the grantee’s infant mortality pilot program. (C) Evaluation The Secretary shall use the reports required under subparagraph (A) to evaluate, and conduct statistical research on, infant mortality pilot programs funded through this subsection. (7) Definitions For the purposes of this subsection: (A) Administrator The term Administrator means the Administrator of the Health Resources and Services Administration. (B) Eligible entity The term eligible entity means a county, city, territorial, or tribal health department that has submitted a proposal to the Secretary that the Secretary deems likely to reduce infant mortality rates within the standard metropolitan statistical area involved. (C) Tribal The term tribal refers to an Indian tribe, a Tribal organization, or an Urban Indian organization, as such terms are defined in section 4 of the Indian Health Care Improvement Act . ; and (3) by amending subsection (f), as so redesignated— (A) in paragraph (1)— (i) by amending the paragraph heading to read: Healthy Start Initiative ; and (ii) by inserting after carrying out this section the following: (other than subsection (e)) ; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: (2) Infant mortality pilot programs There is authorized to be appropriated $10,000,000 for each of fiscal years 2015 through 2019 to carry out subsection (e). Amounts authorized by this paragraph to be appropriated to carry out subsection (e) are in addition to amounts authorized by paragraph (1) to be appropriated to carry out the Healthy Start Initiative under subsection (a). ; and (D) in paragraph (3)(A), as so redesignated, by striking the program under this section and inserting the program under subsection (a) .
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113-hr-4640
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I 113th CONGRESS 2d Session H. R. 4640 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Engel (for himself, Mr. Salmon , Mr. Sires , Ms. Ros-Lehtinen , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish the Western Hemisphere Drug Policy Commission.
1. Short title This Act may be cited as the Western Hemisphere Drug Policy Commission Act of 2014 . 2. Findings Congress finds the following: (1) According to the Substance Abuse and Mental Health Services Administration’s (SAMHSA) National Survey on Drug Use and Health, in 2012 in the United States, an estimated 23,900,000 persons age 12 or older were current drug users. There were an estimated 1,600,000 users of cocaine, 440,000 users of methamphetamine, 335,000 users of heroin, 18,900,000 users of marijuana, and 6,800,000 non-medical users of prescription-type drugs. (2) On September 13, 2013, President Barack Obama identified 22 countries as major drug transit or major illicit drug producing countries. Of these, 17 are located in the Western Hemisphere. They are The Bahamas, Belize, Bolivia, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Peru, and Venezuela. (3) Nearly all cocaine consumed in the United States originates in the Andean countries of Bolivia, Colombia, and Peru and most of the heroin consumed in the United States originates in Colombia and Mexico. The cultivation, production and trafficking of cocaine and heroin generate violence, instability, and corruption. (4) In the transit countries of Central America, Mexico, Venezuela, Ecuador, the Dominican Republic, Haiti, and other Caribbean countries, drug trafficking is central to the growing strength of organized criminals to threaten local and national law enforcement, political institutions, citizen security, rule of law, and United States security and interests. (5) Drug trafficking-related violence continues unabated in Mexico. According to Government of Mexico estimates, some 70,000 people died in Mexico and 25,000 people disappeared as a result of drug trafficking and organized crime-related violence between December 2006 and December 2012. According to analysts, more than 11,500 more people died in Mexico in 2013 due to the violence. (6) Foreign Terrorist Organizations and their supporters in the Western Hemisphere, including the Revolutionary Armed Forces of Colombia (FARC) and Hezbollah, have used drug trafficking to finance their activities. (7) The United States obligated roughly $15,700,000,000 ($18,600,000,000 in constant 2012 dollars) for counternarcotics programs in Latin America and the Caribbean between 1980 and 2012. 3. Establishment There is established an independent commission to be known as the Western Hemisphere Drug Policy Commission (in this Act referred to as the Commission ). 4. Duties (a) Review of illicit drug control policies The Commission shall conduct a comprehensive review of United States foreign policy in the Western Hemisphere to reduce the illicit drug supply and drug abuse and reduce the damage associated with illicit drug markets and trafficking. The Commission shall also identify policy and program options to improve existing international counternarcotics policy. The review shall include the following topics: (1) An evaluation of United States-funded international illicit drug control programs in the Western Hemisphere, including drug interdiction, crop eradication, alternative development, drug production surveys, police and justice sector training, demand reduction, and strategies to target drug kingpins. (2) An evaluation of the impact of United States counternarcotics assistance programs in the Western Hemisphere, including the Colombia Strategic Development Initiative, the Merida Initiative, the Caribbean Basin Security Initiative and the Central America Regional Security Initiative, in curbing drug production, drug trafficking, and drug-related violence and improving citizen security. (3) An evaluation of how the President’s annual determination of major drug-transit and major illicit drug producing countries pursuant to sections 490 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2291j ) and section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2291j–1 ) serves United States interests with respect to United States international illicit drug control policies. (4) An evaluation of whether the proper indicators of success are being used to evaluate United States international illicit drug control policy. (5) An evaluation of United States efforts to stop illicit proceeds from drug trafficking organizations from entering the United States financial system. (6) An evaluation of alternative drug policy models in the Western Hemisphere. (7) An evaluation of the impact of local drug consumption in Latin America and the Caribbean in promoting violence and insecurity. (8) Recommendations on how best to improve United States counternarcotics policies in the Western Hemisphere. (b) Coordination with governments, international organizations, and nongovernmental organizations in the Western Hemisphere In conducting the review required under subsection (a), the Commission is encouraged to consult with— (1) government, academic, and nongovernmental leaders, as well as leaders from international organizations, from throughout the United States, Latin America, and the Caribbean; and (2) the Inter-American Drug Abuse Control Commission (CICAD). (c) Report (1) In general Not later than 1 year after the first meeting of the Commission, the Commission shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, the Secretary of State, and the Director of the Office of National Drug Control Policy a report that contains— (A) a detailed statement of the recommendations, findings, and conclusions of the Commission under subsection (a); and (B) summaries of the input and recommendations of the leaders and organizations with which the Commission consulted under subsection (b). (2) Public availability The report required under this subsection shall be made available to the public. 5. Membership (a) Number and appointment The Commission shall be composed of ten members to be appointed as follows: (1) The majority leader and minority leader of the Senate shall each appoint 2 members. (2) The Speaker and the minority leader of the House of Representatives shall each appoint 2 members. (3) The President shall appoint 2 members. (b) Prohibition (1) In general The Commission may not include Members of Congress or Federal, State, or local government officials. (2) Member of Congress In this subsection, the term Member of Congress includes a Delegate or Resident Commissioner to the Congress. (c) Period of appointment Each member shall be appointed for the life of the Commission. Any vacancies shall not affect the power and duties of the Commission, but shall be filled in the same manner as the original appointment. (d) Date Members of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act. (e) Initial meeting and selection of chairperson (1) In general Not later than 60 days after the date of the enactment of this Act, the Commission shall hold an initial meeting to develop and implement a schedule for completion of the review and report required under section 4. (2) Chairperson At the initial meeting, the Commission shall select a Chairperson from among its members. (f) Quorum Six members of the Commission shall constitute a quorum. (g) Travel expenses Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission. 6. Powers (a) Meetings The Commission shall meet at the call of the Chairperson or a majority of its members. (b) Hearings The Commission shall hold such hearings and undertake such other activities as the Commission determines necessary to carry out its duties. (c) Other resources (1) Documents, statistical data, and other such information (A) In general The Commission shall have reasonable access to documents, statistical data, and other such information the Commission determines necessary to carry out its duties from the Library of Congress, the Office of National Drug Control Policy, the Department of State, and other agencies of the executive and legislative branches of the Federal Government. (B) Obtaining information The Chairperson of the Commission shall request the head of an agency described in subparagraph (A) for access to documents, statistical data, or other such information described in subparagraph (A) that is under the control of such agency in writing when necessary. (2) Office space and administrative support The General Services Administration shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Upon request, the Administrator of General Services shall provide, on a reimbursable basis, such administrative support as the Commission requests to fulfill its duties. (d) Authority To use United States mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Authority To contract (1) In general Subject to the Federal Property and Administrative Services Act of 1949, the Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties under section 4. (2) Termination A contract, lease, or other legal agreement entered into by the Commission may not extend beyond the date of termination of the Commission. 7. Staff (a) Director The Commission shall have a Director who shall be appointed by a majority vote of the Commission. The Director shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule. (b) Staff (1) In general With the approval of the Commission, the Director may appoint such personnel as the Director determines to be appropriate. Such personnel shall be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule. (2) Additional staff The Commission may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule. (c) Experts and consultants With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Detail of government employees Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the personnel. 8. Authorization of appropriations (a) In general There is authorized to be appropriated $2,000,000 to carry out this Act. (b) Availability Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended. 9. Offset Section 102(a) of the Enhanced Partnership with Pakistan Act of 2009 ( 22 U.S.C. 8412(a) ; Public Law 111–73; 123 Stat. 2068) is amended by striking $1,500,000,000 and inserting $1,498,000,000 . 10. Sunset The Commission shall terminate on the date that is 60 days after the date on which the Commission submits its to Congress of its report pursuant to section 4(c).
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113-hr-4641
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I 113th CONGRESS 2d Session H. R. 4641 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Higgins (for himself, Mr. Gibson , Mr. Tonko , Mr. Maffei , Ms. Slaughter , Mrs. McCarthy of New York , Mr. Nadler , Mr. Rangel , Mr. King of New York , Ms. Meng , Mr. Owens , Mrs. Carolyn B. Maloney of New York , Mr. Sean Patrick Maloney of New York , Mr. Reed , Mr. Engel , Mr. Crowley , Mr. Serrano , Mr. Collins of New York , Mr. Grimm , Mr. Bishop of New York , and Mr. Jeffries ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Erie Canalway National Heritage Corridor Act.
1. Erie canalway national heritage corridor Section 804(j) of the Erie Canalway National Heritage Corridor Act ( 16 U.S.C. 461 note; Public Law 106–554) is amended by striking 15 and inserting 30 .
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113-hr-4642
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I 113th CONGRESS 2d Session H. R. 4642 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Ways and Means 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 require all recreational vessels to have and post passenger capacity limits, to amend title 46, United States Code, to authorize States to enter into contracts for the provision of boating safety education services under State recreational boating safety programs, and for other purposes.
1. Short title This Act may be cited as the Boating Occupancy and Teaching Safety Act or the BOATS Act . 2. Definitions In this Act: (1) Flying bridge The term flying bridge means an open deck above the main navigating bridge of a recreational vessel. (2) Passenger The term passenger includes any individual aboard a vessel. (3) Recreational vessel (A) In general The term recreational vessel means any vessel of greater than 20 feet and less than 45 feet overall in length, that is— (i) manufactured or used primarily for pleasure; or (ii) leased, rented, or chartered to a person for the pleasure of that person. (B) Exclusion The term recreational vessel does not include a vessel that— (i) is subject to Coast Guard inspection; (ii) is constructed before January 1, 2016; and (iii) (I) is engaged in commercial use; or (II) carries paying passengers. 3. Capacity limits for recreational vessels (a) In general Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall— (1) establish standards for determining the maximum passenger capacity in whole number of passengers and in pounds for recreational vessels; (2) require each manufacturer of a passenger vessel to post such maximum passenger capacity on the passenger vessel as described in subsection (b); and (3) require each operator of a passenger vessel to ensure that— (A) such maximum passenger capacity is posted as described in subsection (b) and legible to passengers; and (B) notice of the need to balance the weight carried by the vessel to avoid capsizing is posted as described in subsection (b) and legible to passengers. (b) Elements and locations of displays The maximum passenger capacity, maximum carrying capacity in pounds, and notice of the need to balance the carried weight for a passenger vessel shall each be permanently displayed in a legible matter— (1) in a location that is clearly visible to a passenger boarding the passenger vessel; and (2) on each flying bridge of the vessel, in a location that is clearly visible to a passenger on the flying bridge. (c) Penalties Not later than 180 days after the date of the enactment of this Act, the Commandant of the Coast Guard shall publish regulations that establish appropriate penalties for a manufacturer of a recreational vessel that does not comply with the requirements of this section. (d) Application The requirements of this section shall apply to any recreational vessel manufactured after the date that is 180 days after the date of the enactment of this Act. 4. State recreational boating safety programs (a) Program acceptance Section 13103 of title 46, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (4) by striking and at the end; (B) in paragraph (5) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) contracting practices in accordance with subsection (e). ; and (2) by adding at the end the following: (e) Contracting (1) In general A State carrying out a State recreational boating safety program may enter into a contract with a local government or private entity to have the government or entity provide boating safety education services under the program. (2) Expenditure requirement Each fiscal year, a State carrying out a State recreational boating safety program shall expend on contracts described in paragraph (1) not less than 5 percent of the Federal amounts received by that State in that fiscal year under this chapter. (3) Considerations In entering into contracts under paragraph (1), a State shall consider— (A) the need for geographic diversity among the local governments and private entities providing education services under the contracts; (B) the need to have education services that address the various vessels utilized in the State; (C) the need to have education services that address the various waterways in the State; and (D) all the costs related to providing education services under the contracts that may affect the local governments and private entities providing the services. (4) Eligibility (A) In general To be eligible to enter into a contract under paragraph (1), a local government or private entity shall— (i) submit to the appropriate State lead authority or agency designated under subsection (a)(4) a detailed proposal for the provision of boating safety education services; and (ii) certify that the government or entity will not profit financially from providing the services. (B) Exceptions (i) Existing providers Subparagraph (A)(i) does not apply to a local government or private entity that provided boating safety education services before the date of enactment of this subsection under standards established by the relevant State. (ii) 501(c)(3) organizations Subparagraph (A)(ii) does not apply to an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code if the organization certifies to the relevant State that all relevant profits will be used to advance boating safety. (5) Education services criteria The Secretary, in consultation with States and relevant stakeholders, shall establish criteria for the boating safety education services provided by local governments and private entities under this subsection. Using the criteria, a State shall establish outlines specifying the requirements for education services in that State and education services in that State shall be provided in accordance with the outlines. (6) Additional contracting A local government that enters into a contract under paragraph (1) to provide boating safety education services may contract with a private entity to receive assistance with the provision of those services. (7) Advertising A local government or private entity that enters into a contract under paragraph (1) to provide boating safety education services may utilize funds provided under that contract to advertise such services. (8) Report Each fiscal year, a State that entered into contracts under this subsection shall submit to the Secretary a report specifying the governments and entities contracted with in that fiscal year. . (b) Sport Fish Restoration and Boating Trust Fund Section 9504(b)(2)(A) of the Internal Revenue Code of 1986 is amended by striking the MAP–21 and inserting Boating Occupancy and Teaching Safety Act .
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113-hr-4643
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I 113th CONGRESS 2d Session H. R. 4643 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Larsen of Washington (for himself, Ms. Norton , Ms. Tsongas , Ms. DelBene , Mr. Pierluisi , Mr. Heck of Washington , Mr. Carson of Indiana , Mr. Enyart , Mr. Welch , and Mr. Moran ) 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 releasing a cosigner from obligations of a private education loan, for the treatment of the loan upon the death or bankruptcy of a cosigner of the loan, and for other purposes.
1. Short title This Act may be cited as the Bereaved Borrowers’ Bill of Rights Act of 2014 . 2. Requirements for private educational lenders Section 140 of such Act is further amended by adding at the end the following new subsection: (g) Requirements regarding cosigners for a private education loan (1) Cosigner release requirements If a private education loan has a cosigner who is jointly liable for such loan, a private educational lender shall include a process for releasing the cosigner from any obligations on the loan and in such process the lender— (A) shall make the criteria for obtaining the release clear, transparent, and easily accessible via the website of the private educational lender; (B) shall notify the borrower if the borrower is eligible to release a cosigner; (C) shall, if denying a request to release a cosigner, provide an explanation for the denial and offer the borrower an opportunity to correct the request; and (D) may not change the terms of the release to impose additional duties on the borrower or cosigner over the duration of the private education loan. (2) Additional requirements Notwithstanding any provision in a private education loan agreement that contains a process for releasing a cosigner from obligations on the loan, a private educational lender shall, upon receiving notification of the death or bankruptcy of a cosigner— (A) notify the borrower about the borrower’s rights under the private education loan agreement regarding the release of the cosigner; and (B) if the borrower continues to make on-time payments (in the amount determined prior to the death or bankruptcy of the cosigner) on the private education loan, provide a period of time of not less than 90 days for the borrower to follow the process for release of the cosigner before deeming the borrower to be in default, changing the terms of the loan, accelerating the repayment terms of the loan, or notifying consumer reporting agencies (as defined in section 603(f)) of a change in the status of the loan. (3) Requirements in case of death or bankruptcy of a cosigner Notwithstanding any provision in a private education loan agreement, a private educational lender shall, upon receiving notification of the death or bankruptcy of a cosigner who is jointly liable for the private education loan— (A) notify the borrower about the borrower’s rights under the private education loan agreement regarding identifying a new cosigner or refinancing the loan; and (B) if the borrower continues to make on-time payments (in the amount determined prior to the death or bankruptcy of the cosigner) on the private education loan, provide a period of time of not less than 90 days for a borrower to identify a new cosigner or refinance the loan before deeming the borrower to be in default, changing the terms of the loan, accelerating the repayment terms of the loan, or notifying consumer reporting agencies (as defined in section 603(f)) of a change in the status of the loan. . 3. Prohibitions for consumer reporting agencies and furnishers of information to consumer reporting agencies related to private education loans (a) Prohibition for consumer reporting agencies Subsection (a) of section 605 of the Fair Credit Reporting Act ( 15 U.S.C. 1681c(a) ) is amended by adding at the end the following new paragraph: (7) Default on a private education loan (as defined in section 140(a)) resulting from accelerated repayment terms of the loan after the death or bankruptcy of a cosigner who is jointly liable for the loan. . (b) Prohibition for furnishers of information to consumer reporting agencies Paragraph (1) of section 623(a) of such Act is amended by adding the following new subparagraph: (E) Reporting information on private education loans A private educational lender (as defined in section 140(a)) or the servicer of a private education loan (as defined in such section) shall not furnish any information relating to the loan to any consumer reporting agency if the consumer defaulted on the loan due to accelerated repayment terms of the loan after the death or bankruptcy of a cosigner who is jointly liable for the loan. .
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I 113th CONGRESS 2d Session H. R. 4644 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Lipinski (for himself, Mr. Nolan , Mr. Peterson , Ms. McCollum , Mr. Kline , Mr. Ellison , Mrs. Bachmann , Mr. Walz , Mr. Paulsen , Mr. Nadler , Mr. Capuano , Mr. Duncan of Tennessee , Ms. Norton , Mr. DeFazio , Mr. Rahall , Mr. Cummings , Ms. Eddie Bernice Johnson of Texas , Mr. Michaud , Mr. Cohen , and Mr. Sires ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the buildings occupied by the Department of Transportation located at 1200 New Jersey Avenue, Southeast, in the District of Columbia as the James L. Oberstar United States Department of Transportation Building Complex .
1. Designation The buildings occupied by the Department of Transportation located at 1200 New Jersey Avenue, Southeast, in the District of Columbia shall be known and designated as the James L. Oberstar United States Department of Transportation Building Complex during the period in which the buildings are occupied by the Department of Transportation. 2. References With respect to the period in which the buildings referred to in section 1 are occupied by the Department of Transportation, any reference in a law, map, regulation, document, record, or other paper of the United States to those buildings shall be deemed to be a reference to the James L. Oberstar United States Department of Transportation Building Complex .
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I 113th CONGRESS 2d Session H. R. 4645 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Ms. Lofgren (for herself, Mr. Massie , Ms. Eshoo , and Mr. Woodall ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To authorize any office of the Federal Government which owns or operates a parking area for the use of its employees to install, construct, operate, and maintain a battery recharging station in the area, and for other purposes.
1. Short title This Act may be cited as the Electric Vehicle Charging Offers Modern Utility Terminals for Employees Act or the EV–COMUTE Act . 2. Operation of battery recharging stations in parking areas used by Federal employees (a) Authorization (1) In general The head of any office of the Federal Government which owns or operates a parking area for the use of its employees (either directly or indirectly through a contractor) may install, construct, operate, and maintain on a reimbursable basis a battery recharging station in such area for the use of privately owned vehicles of employees of the office and others who are authorized to park in such area. (2) Use of vendors The head of an office may carry out paragraph (1) through a contract with a vendor, under such terms and conditions (including terms relating to the allocation between the office and the vendor of the costs of carrying out the contract) as the head of the office and the vendor may agree to. (b) Imposition of Fees To Cover Costs (1) Fees The head of an office of the Federal Government which operates and maintains a battery recharging station under this Act shall charge fees to the individuals who use the station in such amount as is necessary to ensure that office recovers all of the costs it incurs in installing, constructing, operating, and maintaining the station. (2) Deposit and availability of fees Any fees collected by the head of an office under this subsection shall be— (A) deposited in the Treasury to the credit of the appropriations account for salaries and expenses of the office; and (B) available for obligation without further appropriation during— (i) the fiscal year collected; and (ii) the fiscal year following the fiscal year collected. (c) No Effect on Existing Programs for House and Senate Nothing in this Act may be construed to affect the installation, construction, operation, or maintenance of battery recharging stations by the Architect of the Capitol— (1) under Public Law 112–170 ( 2 U.S.C. 2171 ), relating to employees of the House of Representatives and individuals authorized to park in any parking area under the jurisdiction of the House of Representatives on the Capitol Grounds; or (2) under Public Law 112–167 ( 2 U.S.C. 2170 ), relating to employees of the Senate and individuals authorized to park in any parking area under the jurisdiction of the Senate on the Capitol Grounds. 3. Effective date This Act shall apply with respect to fiscal year 2015 and each succeeding fiscal year.
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I 113th CONGRESS 2d Session H. R. 4646 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Murphy of Florida (for himself, Mr. Mulvaney , Mr. Schrader , Mr. Barr , Mr. Ruiz , Mr. Coffman , Mr. Barrow of Georgia , Mr. Fitzpatrick , Mr. Delaney , Mr. Joyce , Mr. Kilmer , Mrs. Black , Mr. Matheson , Mr. Lance , Mr. Kind , Mr. Meadows , Mr. Costa , Mr. Rodney Davis of Illinois , Mr. Enyart , and Mr. Ribble ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish an independent advisory committee to review certain regulations, and for other purposes.
1. Short title This Act may be cited as the Regulatory Improvement Act of 2014 . 2. Definitions In this Act— (1) the term Commission means the Regulatory Improvement Commission established under section 3; (2) the term commission bill means a bill consisting of the proposed legislative language of the Commission recommended under section 4(f)(2)(C) and introduced under section 4(g)(1); and (3) the term covered regulation means a regulation that— (A) has been finalized not later than 10 years before the date on which the Commission is established; and (B) has not been amended after being finalized. 3. Establishment of commission (a) Establishment There is established in the legislative branch a commission to be known as the Regulatory Improvement Commission . (b) Membership (1) Composition The Commission shall be composed of 9 members, of whom— (A) 1 member shall be appointed by the President, and shall serve as the Chairperson of the Commission; (B) 2 members shall be appointed by the majority leader of the Senate; (C) 2 members shall be appointed by the minority leader of the Senate; (D) 2 members shall be appointed by the Speaker of the House of Representatives; and (E) 2 members shall be appointed by the minority leader of the House of Representatives. (2) Date The appointment of the members of the Commission shall be made not later than 45 days after the date of enactment of this Act. (3) Qualifications Members appointed to the Commission shall be prominent citizens of the United States with national recognition and a significant depth of experience and responsibilities in matters relating to government service, regulatory policy, economics, Federal agency management, public administration, and law. (4) Limitation Not more than 5 members appointed to the Commission may be from the same political party. (5) Prohibition The members of the Commission may not be employees of the Federal Government. (c) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings The Commission shall meet at the call of the Chairman. (f) Open to the public Each meeting of the Commission shall be open to the public, unless a member objects. (g) Quorum Five members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (h) Nonapplicability of the federal advisory committee act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. 4. Duties of the Commission (a) Purpose The purpose of the Commission is to evaluate and provide recommendations for modification, consolidation, or repeal of covered regulations with the aim of reducing compliance costs, encouraging growth and innovation, and improving competitiveness, all while protecting public health and safety, by— (1) soliciting and reviewing comments from the public; (2) developing a sector or area-specific body of covered regulations to research and review; and (3) developing a package of covered regulations to modify, consolidate, or repeal to be submitted to Congress for an up-or-down vote. (b) Public comments (1) In general Not later than 30 days after the date of the initial meeting of the Commission, the Commission shall initiate a process to solicit and collect written recommendations from the general public, interested parties, Federal agencies, and other relevant entities regarding which covered regulations should be examined. (2) Submission of public comments The Commission shall ensure that the process initiated under paragraph (1) allows for recommendations to be submitted to the Commission through the Web site of the Commission or by mail. (3) Length of public comment period The period for the submission of recommendations under this subsection shall end 60 days after the date on which the process is initiated under paragraph (1). (4) Publication in the federal register At the end of the period for the submission of recommendations under this subsection, all submitted recommendations shall be published in the Federal Register. (c) Commission review of public comments Not later than 30 days after the date on which the period for the submission of recommendations ends under subsection (b), the Commission shall convene to review submitted recommendations and to identify a single sector or area of covered regulations to modify, consolidate, or eliminate. (d) Examination of regulations (1) In general Not later than 45 days after the date on which the Commission convenes under paragraph (1), the Commission shall decide which sector area of covered regulations to examine. (2) Process for examination In examining covered regulations under this section, the Commission shall determine the effectiveness of individual covered regulations, by using multiple resources, including quantitative metrics, testimony from industry and agency experts, and research from the staff of the Commission. (3) Deadline Not later than 180 days after the date on which the Commission determines which sector or area of covered regulations to examine under paragraph (1), the Commission shall complete a substantial examination of such covered regulations. (e) Initial report (1) In general Not later than 180 days after the date on which the Commission determines which sector or area of covered regulations to examine under subsection (d)(1), the Commission shall publish, and make available to the public for comment, a report, which shall include— (A) the findings and conclusions of the Commission for the improvement of covered regulations examined by the Commission; and (B) a list of recommendations for changes to the covered regulations examined by the Commission, which may include recommendations for modification, consolidation, or repeal of such covered regulations. (2) Requirement The report submitted under paragraph (1) shall be approved by not fewer than 5 members of the Commission. (3) Availability of report The Commission shall make the report required under paragraph (1) available through the Web site of the Commission and in printed form. (4) Public comment period During the 45-day period beginning on the date on which the report required under paragraph (1) is published, the Commission shall— (A) solicit comments from the public on such report, using the same process established under subsection (b); and (B) publish any comments received under subparagraph (A) in the Federal Register. (f) Report to congress (1) In general Not later than 45 days after the date on which the 45-day period described in subsection (e)(4) ends, the Commission shall— (A) review any comments received under subsection (e)(4); (B) incorporate any relevant comments received under subsection (e)(4) into the report required under subsection (e)(1); and (C) submit the revised report to Congress. (2) Contents The revised report required to be submitted to Congress under paragraph (1) shall include— (A) the findings and conclusions of the Commission for the improvement of covered regulations examined by the Commission; (B) a list of recommendations for changes to the covered regulations examined by the Commission, which may include recommendations for modification, consolidation, or repeal of such covered regulations; and (C) recommended legislative language to implement the recommendations in subparagraph (B). (g) Congressional consideration of commission report (1) Introduction If approved by 5 members of the Commission, as required under subsection (e)(2), the commission bill shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. (2) Consideration in the house of representatives (A) Referral and reporting Any committee of the House of Representatives to which the commission bill is referred shall report it to the House without amendment not later than 30 days after the date on which the commission bill is introduced under paragraph (1). If a committee fails to report the commission bill within that period, it shall be in order to move that the House discharge the committee from further consideration of the commission bill. Such a motion shall not be in order after the last committee authorized to consider the commission bill reports it to the House or after the House has disposed of a motion to discharge the commission bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 3 hours of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the commission bill in accordance with subparagraphs (B) and (C). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (B) Proceeding to consideration After the last committee authorized to consider the commission bill reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the commission bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the commission bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration The commission bill shall be considered as read. All points of order against the commission bill and against its consideration are waived. The previous question shall be considered as ordered on the commission bill to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the commission bill. A motion to reconsider the vote on passage of the commission bill shall not be in order. (D) Vote on passage The vote on passage of the commission bill shall occur not later than 60 days after the date on which the commission bill is discharged from the last committee authorized to consider the commission bill. (3) Consideration in the senate (A) Committee consideration A commission bill introduced in the Senate under paragraph (1) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 30 days after the date on which the commission bill is introduced. If any committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. (B) Motion to proceed Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a commission bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the commission bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the commission bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the commission bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the commission bill is agreed to, the commission bill shall remain the unfinished business until disposed of. (C) Consideration All points of order against the commission bill and against consideration of the commission bill are waived. Consideration of the commission bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 10 hours which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on the commission bill is in order, shall require an affirmative vote of a majority of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of the commission bill, including time used for quorum calls and voting, shall be counted against the total 10 hours of consideration. (D) No amendments An amendment to the commission bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the commission bill, is not in order. (E) Vote on passage If the Senate has voted to proceed to the commission bill, the vote on passage of the commission bill shall occur immediately following the conclusion of the debate on a commission bill, and a single quorum call at the conclusion of the debate if requested. The vote on passage of the commission bill shall occur not later than 30 days after the date on which the commission bill is discharged from all committees to which the commission bill was referred. (F) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a commission bill shall be decided without debate. (4) Amendment The commission bill shall not be subject to amendment in either the House of Representatives or the Senate. (5) Consideration by the other house (A) In general If, before passing the commission bill, one House receives from the other a commission bill— (i) the commission bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no commission bill had been received from the other House until the vote on passage, when the commission bill received from the other House shall supplant the commission bill of the receiving House. (B) Revenue measure This subsection shall not apply to the House of Representatives if the commission bill received from the Senate is a revenue measure. (6) Rules to coordinate action with other house (A) Treatment of commission bill of other house If the Senate fails to introduce or consider a commission bill under this section, the commission bill of the House shall be entitled to expedited floor procedures under this section. (B) Treatment of companion measures in the senate If following passage of the commission bill in the Senate, the Senate then receives the commission bill from the House of Representatives, the House-passed commission bill shall not be debatable. The vote on passage of the commission bill in the Senate shall be considered to be the vote on passage of the commission bill received from the House of Representatives. (C) Vetoes If the President vetoes the commission bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (h) Notice to regulatory agencies (1) Enactment of commission bill If the commission bill is enacted into law, the President shall— (A) not later than 7 days after the date on which the commission bill is enacted into law— (i) provide notice to the affected regulatory agencies; and (ii) publish notice of enactment in the Federal register and online; and (B) require affected regulatory agencies to implement the commission bill within 180 days after the date on which the commission bill is enacted into law. (2) Failure to enact commission bill If the commission bill is not enacted into law, the President shall provide notice of such failure to enact the commission bill in the Federal Register. (i) Adjournment of congress If the commission bill is introduced less than 60 session days or 60 legislative days before the date on which Congress adjourns sine die— (1) the commission bill shall be introduced in both Houses on the date on which the succeeding Congress first convenes its next session; and (2) subsection (g) shall apply to the commission bill during the succeeding Congress. 5. Powers of the commission (a) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information from federal agencies (1) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purpose of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (c) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Space for use of commission Not later than 60 days after the date of the enactment of this Act, the Administrator of General Services will support on a reimbursable basis the operations of the Commission, including the identification of suitable space to house the Commission. If the Administrator is not able to make such suitable space available within the 60-day period, the Commission shall lease space to the extent that funds are available. 6. Commission personnel matters (a) Compensation of members Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff (1) In general The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Procurement of temporary and intermittent services The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (f) Administrative support Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. 7. Termination of the commission The Commission shall terminate 90 days after the date on which the Commission submits its report under section 4. 8. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to the Commission to carry out this Act. (b) Availability Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.
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I 113th CONGRESS 2d Session H. R. 4647 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Paulsen (for himself, Mr. Schock , and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase the alternative tax liability limitation for small property and casualty insurance companies.
1. Increase in limitation for alternative tax liability for small property and casualty insurance companies (a) In General Clause (i) of section 831(b)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: (i) the net written premiums (or, if greater, direct written premiums) for the taxable year do not exceed $2,025,000, and . (b) Inflation Adjustment Paragraph (2) of section 831(b) of such Code is amended by adding at the end the following new subparagraph: (C) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2014, the dollar amount set forth in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. If the amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. . (c) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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I 113th CONGRESS 2d Session H. R. 4648 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Ruiz (for himself, Mr. Swalwell of California , Mr. Loebsack , Mrs. Napolitano , Mrs. Negrete McLeod , Mr. Huffman , Mr. Cárdenas , Mrs. Christensen , Mr. Ryan of Ohio , Ms. Roybal-Allard , Ms. Lofgren , Ms. Hahn , Mr. Sires , Mr. Hastings of Florida , Ms. Lee of California , Mr. Pastor of Arizona , Mr. Gene Green of Texas , Mr. Castro of Texas , Mr. Gutiérrez , Mr. Honda , Mrs. Bustos , Mr. Al Green of Texas , Mr. Garamendi , Mr. Horsford , Mrs. Capps , and Ms. Matsui ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for the establishment of a pilot program to train individuals for employment in the renewable energy and energy efficiency industries.
1. Short title This Act may be cited to as the Renewable Energy Jobs Act . 2. Alternative Energy Training and Employment Program (a) Pilot program The Secretary of Labor shall carry out a pilot program to award competitive grants to States to train individuals for careers in the renewable energy and energy efficiency industries. (b) Grant awards The Secretary shall award grants under the pilot program to the five States with the highest installed alternative energy power capacity. (c) Application (1) In general A State that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents A grant application under the pilot program shall include the following: (A) Evidence of the installed alternative energy power capacity for wind, solar, and geothermal facilities in that State. (B) A description of how the funds will be used to establish and administer a program designed to provide skills training or on-the-job training for a significant number of individuals and ensure lasting and sustainable employment in the renewable energy and energy efficiency industries. (C) A description of the State’s option to coordinate with its State and local workforce investment boards and Energy Efficiency Industry Councils in carrying out a program funded by a grant under this Act, including through partnerships of local boards with renewable energy and energy efficiency employers and other appropriate providers of training services. (D) A description of the skills training, on-the-job training, or both that may be offered to individuals by grant recipients, and how this training will lead to an industry-recognized certificate or similar credential. (E) A description of how the State plans to prioritize grants among grant recipients. (F) A description of how the grant may be used to support existing programs focused on renewable energy job creation. (d) Grant amount The Secretary shall ensure that grants are of sufficient size to enable States to carry out all required activities. (e) Duration of grant A grant under this section shall be for a period of 3 years. (f) Use of funds A State receiving a grant under this section shall use the grant funds to— (1) reimburse a renewable energy and energy efficiency employer for the cost of providing on-the-job training; (2) reimburse any of the following entities for the cost of providing skills training (or on-the-job training if in partnership with an energy efficient employer)— (A) a labor organization; (B) a postsecondary educational institution; or (C) nonprofit organizations; and (3) conduct outreach to inform renewable energy and energy efficiency employers, labor organizations, postsecondary educational institutions, non-profit organizations, and the general public, including individuals in rural areas and Indian tribes, of their eligibility or potential eligibility for participation in the program. (g) Conditions Under the pilot program, a grant to a State shall be subject to the following conditions: (1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (f). (2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. (h) Requirements of grant recipients In order to receive a grant made by a State under the pilot program, an entity described in subsection (f) shall— (1) submit an application to the State that includes such other information and assurances as the State may require; and (2) agree to submit to the State, for each quarter, a report containing such information as the Secretary may specify. (i) Limitation on administrative costs (1) Federal administration Of the amounts appropriated pursuant to the authorization of appropriations under subsection (l), 2 percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (j). (2) State administration The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. (j) Report to Congress The Secretary shall submit to Congress an annual report on the pilot program for each year of the grant period. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program, and how many participants were employed by renewable energy and energy efficiency employers within 6 months of completing the training. (k) Appropriations There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2015 through 2017, for the purpose of carrying out the pilot program. (l) Definitions For purposes of this section: (1) The term Indian tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ). (2) The term installed alternative energy power capacity means the amount of wind, solar, and geothermal power generation, expressed in megawatts, installed in a State. (3) The term labor organization has the meaning given such term in section 2 of the National Labor Relations Act. (4) The term on-the-job training means training by renewable energy and energy efficiency employers, a labor organization, a postsecondary educational institution, or a nonprofit organization that is provided to a paid participant while engaged in productive work that— (A) provides knowledge or skills essential to the full and adequate performance of the job; (B) provides reimbursement to the employer for the costs of providing the training and additional supervision related to the training; and (C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate. (5) The term postsecondary educational institution has the meaning given such term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (6) The term renewable energy and energy efficiency employer means an entity that employs individuals in a trade or business in the renewable energy and energy efficiency industries. (7) The term renewable energy and energy efficiency industries means any of the following industries: (A) The energy-efficient building, construction, or retrofits industry. (B) The renewable electric power industry, including the wind, solar, and geothermal energy industries. (C) The energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. (8) The term skills training means training by a labor organization, a postsecondary educational institution, or a nonprofit organization that provides the knowledge and skills essential to specific jobs in the renewable energy and energy efficiency industries. (9) The term State includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the territories and possessions of the United States. (10) The term workforce investment board refers to a State or local workforce investment board established pursuant to the Workforce Investment Act of 1998 ( 20 U.S.C. 2801 et seq. ) that coordinates job training programs for that State or local area under that Act.
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113-hr-4649
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I 113th CONGRESS 2d Session H. R. 4649 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit funding to the Voice of America.
1. Prohibition on funding the Voice of America No funds available to the Department of State or any other department or agency may be used to provide contributions directly or indirectly to the Voice of America.
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113-hr-4650
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I 113th CONGRESS 2d Session H. R. 4650 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the International Religious Freedom Act of 1998 to include several additions to the many forms of violations of the right to religious freedom.
1. Short title This Act may be cited as the “European Union Religious Freedom Act” . 2. Congressional findings Congress finds as follows: (1) There is a growing assault on religious freedom in the European Union. (2) The European Union member states of Bulgaria, Croatia, Germany, Greece, Latvia, Lithuania, Malta, and Sweden prohibit homeschooling. This prohibition often infringes upon the traditional interests of parents regarding the religious upbringing of their children. This is especially true with regard to adherents of minority religions, such as small Protestant Christian denominations. (3) The European Union member states of Sweden and Denmark have banned religious methods of meat production, including the Jewish kosher method of shechitah and the Islamic halal method of dhabihah. This effectively prevents religiously observant Jews and Muslims from eating meat produced in those countries, and requires them to import it at higher cost. Many other European Union member states are considering similar bans. (4) The European Union member state of Sweden has imposed restrictions on performing circumcision, and many European Union member states are considering banning this practice entirely. This would impose a substantial burden on the religious practices of Jews and Muslims, and would undoubtedly cause many to feel compelled to immigrate to countries with less offensive laws. (5) The European Union member state of France has banned the wearing of religious garb in public schools. This imposes a substantial burden on the religious practices of many religions, including Sikhs, Jews, Muslims, and members of Catholic monastic orders, among others. 3. General authorization Section 2(a)(4) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(a)(4) ) is amended in the fourth sentence by inserting , including homeschooling, after prohibitions against the pursuit of education , and inserting prohibition of religious methods of meat production, prohibition of circumcision, prohibition of wearing religious garb after or public office . 4. Effective date The provisions of this Act shall take effect immediately following enactment.
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113-hr-4651
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I 113th CONGRESS 2d Session H. R. 4651 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 601 West Baker Road in Baytown, Texas, as the Specialist Keith Erin Grace, Jr. Memorial Post Office .
1. Specialist Keith Erin Grace, Jr. Memorial Post Office (a) Designation The facility of the United States Postal Service located at 601 West Baker Road in Baytown, Texas, shall be known as the Specialist Keith Erin Grace, Jr. Memorial Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referenced to subsection (a) shall be deemed to be a reference to the Specialist Keith Erin Grace, Jr. Memorial Post Office .
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113-hr-4652
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I 113th CONGRESS 2d Session H. R. 4652 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Tierney (for himself, Mr. Cicilline , Ms. DeLauro , Mr. Larsen of Washington , Mr. Loebsack , Mr. McGovern , Ms. Norton , Mr. Rangel , Mr. Sarbanes , Ms. Schakowsky , Mr. Tonko , Ms. Tsongas , Mr. Capuano , Mr. Payne , Mr. Cárdenas , Mr. Courtney , Ms. Duckworth , Mr. Hastings of Florida , Mr. Lowenthal , Mr. Michaud , Mr. Owens , Mr. Pocan , Ms. Shea-Porter , and Mr. Lewis ) introduced the following bill; which was referred to the Committee on Small Business A BILL To increase lending to small businesses.
1. Short title This Act may be cited as the Increasing Small Business Lending Act . 2. Fee reductions (a) Administrative provisions small business administration Until September 30, 2015, and to the extent that the cost of such elimination or reduction of fees is offset by appropriations, with respect to each loan guaranteed under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) and section 3 of this Act, for which the application is approved on or after the date of enactment of this Act, the Administrator shall— (1) in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect no fee or reduce fees to the maximum extent possible; and (2) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), collect no fee or reduce fees to the maximum extent possible. (b) Temporary fee elimination for the 504 loan program (1) In general Until September 30, 2015, and to the extent the cost of such elimination in fees is offset by appropriations, with respect to each project or loan guaranteed by the Administrator pursuant to title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. ) for which an application is approved or pending approval on or after the date of enactment of this Act— (A) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 ( 15 U.S.C. 697(d)(2) ), collect no fee; and (B) a development company shall, in lieu of the processing fee under section 120.971(a)(1) of title 13, Code of Federal Regulations (relating to fees paid by borrowers), or any successor thereto, collect no fee. (2) Reimbursement for waived fees (A) In general To the extent that the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a processing fee pursuant to paragraph (1)(B). (B) Amount The payment to a development company under subparagraph (A) shall be in an amount equal to 1.5 percent of the net debenture proceeds for which the development company does not collect a processing fee pursuant to paragraph (1)(B). (c) Application of fee eliminations To the extent that amounts are made available to the Administrator for the purpose of fee eliminations or reductions under subsection (a), the Administrator shall— (1) first use any amounts provided to eliminate or reduce fees paid by small business borrowers under clauses (i) through (iii) of paragraph (18)(A), to the maximum extent possible; (2) then use any amounts provided to eliminate or reduce fees under paragraph (23)(A) paid by small business lenders with assets less than $1,000,000,000 as of the date of enactment; and (3) then use any remaining amounts appropriated under this Act to reduce fees paid by small business lenders other than those with assets less than $1,000,000,000. 3. Economic stimulus lending program for small businesses (a) In general The Administrator may guarantee up to 90 percent of qualifying small business loans made by eligible lenders. (b) Definitions For purposes of this section: (1) The term Administrator means the Administrator of the Small Business Administration. (2) The term qualifying small business loan means any loan to a small business concern pursuant to section 7(a) of the Small Business Act (15 U.S.C. 636) or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 and following) except for such loans made under section 7(a)(31). (3) The term small business concern has the same meaning as provided by section 3 of the Small Business Act ( 15 U.S.C. 632 ). (c) Nonapplication of section to certain loans (1) Aliens unlawfully present in the united states A loan guarantee may not be made under this section for a loan made to a concern if an individual who is an alien unlawfully present in the United States— (A) has an ownership interest in that concern; or (B) has an ownership interest in another concern that itself has an ownership interest in that concern. (2) Firms in violation of immigration laws No loan guarantee may be made under this section for a loan to any entity found, based on a determination by the Secretary of Homeland Security or the Attorney General to have engaged in a pattern or practice of hiring, recruiting or referring for a fee, for employment in the United States persons knowing those persons are or would be aliens unlawfully present in the United States. (d) Criminal background checks Before approval of any loan guarantee under this section, the Administrator may verify the applicant’s criminal background, or lack thereof, through the best available means, including, if possible, use of the National Crime Information Center computer system at the Federal Bureau of Investigation. (e) Application of other law Nothing in this section shall be construed to exempt any activity of the Administrator under this section from the Federal Credit Reform Act of 1990 (title V of the Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661 and following). (f) Small business act provisions The provisions of the Small Business Act applicable to loan guarantees under section 7 of that Act and regulations promulgated thereunder as of the date of the enactment of this Act shall apply to loan guarantees under this section except as otherwise provided in this section. (g) Sunset Loan guarantees may not be issued under this section later than one year after the date of the enactment of this Act. 4. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act.
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113-hr-4653
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I 113th CONGRESS 2d Session H. R. 4653 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Wolf introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To reauthorize the United States Commission on International Religious Freedom, and for other purposes.
1. Short title This Act may be cited as the United States Commission on International Religious Freedom Reauthorization Act of 2014 . 2. Establishment and composition (a) In general Subsection (a) of section 201 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6431 ) is amended by inserting before the period at the end the following: , which shall be an independent Federal Government advisory body . (b) Membership Subsection (b)(3) of section 201 of the International Religious Freedom Act of 1998 (22 U.S.C. 6431) is amended by striking The appointments required by paragraph (1) shall be made not later than 120 days after the date of the enactment of this Act. and inserting the following: The President and Members of Congress are encouraged to appoint members of the Commission within 90 days of a vacancy on the Commission. . (c) Vacancies Subsection (g) of section 201 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6431 ) is amended by striking the second sentence. 3. Training for Foreign Service officers Subsection (a) of section 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended— (1) in the matter preceding paragraph (1), (A) by striking and the director and inserting the director ; and (B) inserting and members of the United States Commission on International Religious Freedom, after Training Center, ; and (2) in paragraph (2)— (A) by striking and the various and inserting the various ; and (B) by inserting , the relationship between religious freedom and security, and the role of religious freedom in United States foreign policy after violations of religious freedom . 4. Commission personnel matters (a) In general Subsection (a) of section 204 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6432b ) is amended in the second sentence, by inserting voting after nine . (b) Compensation Subsection (b) of section 204 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6432b ) is amended by inserting voting members of the after The . (c) Security clearances Subsection (e) of section 204 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6432b ) is amended by adding at the end the following new sentence: The Department of State is encouraged to allow Commissioners and Commission staff with the appropriate security clearance access to classified information, in order to fulfill the duties and responsibilities of their positions. . 5. Authorization of appropriations Subsection (a) of section 207 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6435 ) is amended by striking 2014 and inserting 2019 . 6. Standards of conduct and disclosure Paragraph (2) of section 208(d)(2) of the International Religious Freedom Act of 1998 (22 U.S.C. 6435a(d)(2)) is amended by adding at the end the following new subparagraph: (H) Intern, fellowship, and volunteer programs that are primarily of educational benefit to the intern, fellow, or volunteer. Sponsoring private parties may provide compensation and benefits to interns, fellows, and volunteers, provided that no conflict of interest arises. . 7. Termination Section 209 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6436 ) is amended by striking September 30, 2014 and inserting September 30, 2019 .
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113-hr-4654
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I 113th CONGRESS 2d Session H. R. 4654 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Yoder introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To delay implementation of the Mercury and Air Toxics Standards, and for other purposes.
1. Short title This Act may be cited as the Lower Electric Bill Act of 2014 . 2. Findings The Congress finds the following: (1) Certain Environmental Protection Agency environmental regulations are issued without any economic impact analysis that takes into consideration the costs to comply with such regulations and the impact of such regulations on the local economy and jobs. (2) Certain Environmental Protection Agency environmental regulations are issued without any analysis of the feasibility of compliance with deadlines. (3) It will cost local communities billions of dollars to comply with the Mercury and Air Toxics Standards. (4) Communities throughout the Nation will therefore face large increases in their electric utility bills, on top of rising water and wastewater bills, and in some cases these increases in electricity bills could be nearly 20 percent. (5) The economic impact of such Standards has the potential to be devastating, especially in communities with a high percentage of residents living at or below the poverty line, a factor which is not considered in cost/benefit analyses. (6) Higher energy costs also threaten all types of businesses, including manufacturing and other industries that employ thousands throughout the Nation. 3. Delayed implementation of the Mercury and Air Toxics Standards Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not implement, administer, or enforce the emission standards for hazardous air pollutants from coal- and oil-fired electric utility steam generating units established pursuant to section 112 of the Clean Air Act ( 42 U.S.C. 7412 ) and promulgated in the final rule entitled National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units , published at 77 Fed. Reg. 9304 (February 16, 2012), or any revisions or supplements thereto before the later of— (1) the date that is 5 years after the date of enactment of this Act; and (2) the date on which the Administrator completes a study on the economic impacts of such standards on local communities.
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113-hr-4655
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I 113th CONGRESS 2d Session H. R. 4655 IN THE HOUSE OF REPRESENTATIVES May 9, 2014 Mr. Yoder introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on the Judiciary , Rules , and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Unfunded Mandates Reform Act of 1995 to provide for regulatory impact analyses for certain rules, consideration of the least burdensome regulatory alternative, and for other purposes.
1. Short title This Act may be cited as the Unfunded Mandates Accountability Act of 2013 . 2. Findings Congress finds the following: (1) The public has a right to know the benefits and costs of regulation. Regulations impose significant costs on individuals, employers, State, local, and tribal governments, diverting resources from other important priorities. (2) Better regulatory analysis and review should improve the quality of agency decisions, increasing the benefits and reducing unwarranted costs of regulation. (3) Disclosure and scrutiny of key information underlying agency decisions should make Government more accountable to the public it serves. 3. Regulatory impact analyses for certain rules Section 202 of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1532 ) is amended— (1) by striking the section heading and inserting the following: 202. Regulatory impact analyses for certain rules ; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (3) by striking subsection (a) and inserting the following: (a) Definition In this section, the term cost means the cost of compliance and any reasonably foreseeable indirect costs, including revenues lost as a result of an agency rule subject to this section. (b) In general Before promulgating any proposed or final rule that may have an annual effect on the economy of $100,000,000 or more (adjusted for inflation), or that may result in the expenditure by State, local, and tribal governments, in the aggregate, of $100,000,000 or more (adjusted for inflation) in any 1 year, each agency shall prepare and publish in the Federal Register an initial and final regulatory impact analysis. The initial regulatory impact analysis shall accompany the agency’s notice of proposed rulemaking and shall be open to public comment. The final regulatory impact analysis shall accompany the final rule. (c) Content The initial and final regulatory impact analysis under subsection (b) shall include— (1) (A) an analysis of the anticipated benefits and costs of the rule, which shall be quantified to the extent feasible; (B) an analysis of the benefits and costs of a reasonable number of regulatory alternatives within the range of the agency’s discretion under the statute authorizing the rule, including alternatives that— (i) require no action by the Federal Government; and (ii) use incentives and market-based means to encourage the desired behavior, provide information upon which choices can be made by the public, or employ other flexible regulatory options that permit the greatest flexibility in achieving the objectives of the statutory provision authorizing the rule; and (C) an explanation that the rule meets the requirements of section 205; (2) an assessment of the extent to which— (A) the costs to State, local, and tribal governments may be paid with Federal financial assistance (or otherwise paid for by the Federal Government); and (B) there are available Federal resources to carry out the rule; (3) estimates of— (A) any disproportionate budgetary effects of the rule upon any particular regions of the Nation or particular State, local, or tribal governments, urban or rural or other types of communities, or particular segments of the private sector; and (B) the effect of the rule on job creation or job loss, which shall be quantified to the extent feasible; and (4) (A) a description of the extent of the agency’s prior consultation with elected representatives (under section 204) of the affected State, local, and tribal governments; (B) a summary of the comments and concerns that were presented by State, local, or tribal governments either orally or in writing to the agency; and (C) a summary of the agency’s evaluation of those comments and concerns. ; (4) in subsection (d) (as redesignated by paragraph (2) of this subsection), by striking subsection (a) and inserting subsection (b) ; and (5) in subsection (e) (as redesignated by paragraph (2) of this subsection), by striking subsection (a) each place that term appears and inserting subsection (b) . 4. Least burdensome option or explanation required Section 205 of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1535 ) is amended to read as follows: 205. Least burdensome option or explanation required Before promulgating any proposed or final rule for which a regulatory impact analysis is required under section 202, the agency shall— (1) identify and consider a reasonable number of regulatory alternatives within the range of the agency's discretion under the statute authorizing the rule, including alternatives required under section 202(c)(1)(B); and (2) from the alternatives described under paragraph (1), select the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the statute. . 5. Inclusion of application to independent regulatory agencies (a) In general Section 421(1) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 658(1) ) is amended by striking , but does not include independent regulatory agencies . (b) Exemption for monetary policy The Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1501 et seq. ) is amended by inserting after section 5 the following: 6. Exemption for monetary policy Nothing in title II, III, or IV shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. . 6. Judicial review Section 401 of the Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1571 ) is amended to read as follows: 401. Judicial review (a) In general For any rule subject to section 202, a party aggrieved by final agency action is entitled to judicial review of an agency’s analysis under and in compliance with subsections (b) and (c)(1) of section 202 and section 205. The scope of review shall be governed by chapter 7 of title 5, United States Code. (b) Jurisdiction Each court having jurisdiction to review a rule subject to section 202 for compliance with section 553 of title 5, United States Code, or under any other provision of law, shall have jurisdiction to review any claims brought under subsection (a) of this section. (c) Relief available In granting relief in an action under this section, the court shall order the agency to take remedial action consistent with chapter 7 of title 5, United States Code, including remand and vacatur of the rule. . 7. Effective date This Act shall take effect 90 days after the date of enactment of this Act.
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113-hr-4656
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I 113th CONGRESS 2d Session H. R. 4656 IN THE HOUSE OF REPRESENTATIVES May 13, 2014 Mr. Gardner (for himself and 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 improve access to mental health services under the TRICARE program.
1. Short title This Act may be cited as the Caring for America's Heroes Act . 2. Improvement of access to mental health services under the TRICARE program (a) Elimination of limit on days of inpatient services Section 1079 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) through (17) as paragraphs (6) through (16), respectively; (2) by striking subsection (i); and (3) by redesignating subsections (j) through (q) as subsections (i) through (p), respectively. (b) Repeal of requirement for nonavailability statement or preauthorization Section 721(a) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 1073 note) is amended by striking (other than mental health services) . (c) Conforming amendments Chapter 55 of title 10, United States Code, is amended— (1) in section 1079(e)(7), by striking subsection (a)(13) and inserting subsection (a)(12) ; (2) in section 1086— (A) in subsection (d)(4)(A)(ii), by striking section 1079(j)(1) and inserting section 1079(i)(1) ; and (B) in subsection (g), by striking Section 1079(j) and inserting Section 1079(i) ; and (3) in section 1105(c), by striking section 1079(a)(7) and inserting section 1079(a)(6) .
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