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113-hr-4657
I 113th CONGRESS 2d Session H. R. 4657 IN THE HOUSE OF REPRESENTATIVES May 13, 2014 Mr. Griffin of Arkansas (for himself, Mr. Cotton , Mr. Crawford , and Mr. Womack ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Heartland, Habitat, Harvest, and Horticulture Act of 2008 relating to timber, and for other purposes. 1. Short title This Act may be cited as the Timber Revitalization and Economic Enhancement Act of 2014 . 2. Treatment of timber gains (a) Special rate made permanent Paragraph (1) of section 1201(b) of the Internal Revenue Code of 1986 is amended by striking ending after the date and all that follows through after such date and inserting beginning after the date of the enactment of the Timber Revitalization and Economic Enhancement Act of 2014 . (b) Adjustment of special rate (1) In general Clause (i) of section 1201(b)(1)(B) of such Code is amended by striking 15 percent and inserting 20 percent . (2) Conforming amendment Section 55(b) of such Code is amended by striking paragraph (4). (c) Computation for taxable years in which rate first applies Paragraph (3) of section 1201(b) of such Code is amended to read as follows: (3) Computation for taxable years in which rate first applies In the case of any taxable year which includes the date of the enactment of the Timber Revitalization and Economic Enhancement Act of 2014 , the qualified timber gain for such year shall not exceed the qualified timber gain properly taken into account for the portion of the year after such date. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4657ih/xml/BILLS-113hr4657ih.xml
113-hr-4658
I 113th CONGRESS 2d Session H. R. 4658 IN THE HOUSE OF REPRESENTATIVES May 13, 2014 Mr. McDermott introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XI of the Social Security Act to eliminate civil money penalties for inducements to physicians to limit services that are not medically necessary, and for other purposes. 1. Eliminating civil money penalties for inducements to physicians to limit services that are not medically necessary (a) In general Section 1128A(b)(1) of the Social Security Act (42 U.S.C. 1320a–7a(b)(1)) is amended by inserting medically necessary after reduce or limit . (b) Effective date The amendment made by subsection (a) shall apply to payments made on or after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4658ih/xml/BILLS-113hr4658ih.xml
113-hr-4659
I 113th CONGRESS 2d Session H. R. 4659 IN THE HOUSE OF REPRESENTATIVES May 13, 2014 Mr. Schock introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to make the EB-5 regional center program permanent, and for other purposes. 1. Short title This Act may be cited as the EB-5 Regional Center Extension Act of 2014 . 2. Removal of per country numerical caps on employment visas Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended by striking subsections (a) and (b) of section 203 and inserting subsection (a) of section 203 . 3. Regional center program made permanent Section 203(b)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(5) ) is amended by adding at the end the following: (E) Regional center program (i) Set aside Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants for a program to implement the provisions of this paragraph. (ii) In general The program referred to in clause (i) shall involve a regional center in the United States, designated by the Secretary of Homeland Security on the basis of a general proposal, for the promotion of economic growth, including increased export sales, improved regional productivity, job creation, or increased domestic capital investment. A regional center shall have jurisdiction over a limited geographic area, which shall be described in the proposal and consistent with the purpose of concentrating pooled investment in defined economic zones. The establishment of a regional center may be based on general predictions, contained in the proposal, concerning the kinds of commercial enterprises that will receive capital from aliens, the jobs that will be created directly or indirectly as a result of such capital investments, and the other positive economic effects such capital investments will have. (iii) Rule for determining compliance with job creation requirements For purposes of determining compliance with subparagraph (A)(ii), and notwithstanding the requirements of 8 CFR 204.6, the Secretary of Homeland Security shall permit aliens admitted under the program described in this subparagraph to establish reasonable methodologies for determining the number of jobs created by the program, including such jobs which are estimated to have been created indirectly through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the program. . 4. Priority consideration for regional center applicants Section 204(a)(1)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(H) ) is amended by adding at the end the following: In processing petitions under this subparagraph, the Secretary of Homeland Security may give priority to petitions filed by aliens seeking admission under the program described in section 203(b)(5)(E). Notwithstanding section 203(e), immigrant visas made available under section 203(b)(5) may be issued to such aliens in an order that takes into account any priority accorded under the preceding sentence. . 5. Conforming amendment Section 610 of Public Law 102–395 ( 8 U.S.C. 1153 note) is hereby repealed.
https://www.govinfo.gov/content/pkg/BILLS-113hr4659ih/xml/BILLS-113hr4659ih.xml
113-hr-4660
IB 113th CONGRESS 2d Session H. R. 4660 IN THE HOUSE OF REPRESENTATIVES AN ACT Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2015, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2015, and for other purposes, namely: I DEPARTMENT OF COMMERCE International Trade administration Operations and administration For necessary expenses for international trade activities of the Department of Commerce provided for by law, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $473,000,000 (reduced by $3,000,000) (reduced by $1), to remain available until September 30, 2016, of which $10,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided , That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further , That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities. Bureau of industry and security Operations and administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b) ); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $103,500,000 (increased by $1) (reduced by $5,000,000) (increased by $5,000,000), to remain available until expended: Provided , That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further , That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. Economic development administration Economic development assistance programs For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, for the cost of loan guarantees authorized by section 26 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3721 ), and for grants, $210,500,000, to remain available until expended; of which $5,000,000 shall be for projects to facilitate the relocation, to the United States, of a source of employment located outside the United States; and of which $5,000,000 shall be for loan guarantees under such section 26: Provided , That the costs for loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds for loan guarantees under such section 26 are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $70,000,000. Salaries and expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $37,000,000: Provided , That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, and the Community Emergency Drought Relief Act of 1977. Minority business development agency Minority business development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $30,000,000. Economic and Statistical Analysis Salaries and expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $99,000,000, to remain available until September 30, 2016. Bureau of the Census Salaries and expenses For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $248,000,000: Provided , That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further , That the Bureau of the Census shall collect data for the Annual Social and Economic Supplement to the Current Population Survey using the same health insurance questions included in previous years, prior to the revised questions implemented in the Current Population Survey beginning in February 2014. Periodic censuses and programs For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs provided for by law, $858,500,000 (reduced by $110,000,000) (reduced by $4,000,000) (reduced by $4,000,000) (reduced by $3,000,000) (reduced by $12,000,000), to remain available until September 30, 2016: Provided , That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further , That within the amounts appropriated, $1,551,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the Bureau of the Census. National telecommunications and information administration Salaries and expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $36,700,000, to remain available until September 30, 2016: Provided , That, notwithstanding 31 U.S.C. 1535(d) , the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further , That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. Public telecommunications facilities, planning and construction For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration. United States Patent and Trademark Office Salaries and expenses (including transfers of funds) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $3,458,000,000, to remain available until expended: Provided , That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2015, so as to result in a fiscal year 2015 appropriation from the general fund estimated at $0: Provided further , That during fiscal year 2015, should the total amount of such offsetting collections be less than $3,458,000,000 this amount shall be reduced accordingly: Provided further , That any amount received in excess of $3,458,000,000 in fiscal year 2015 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further , That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office Salaries and Expenses account: Provided further , That from amounts provided herein, not to exceed $900 shall be made available in fiscal year 2015 for official reception and representation expenses: Provided further , That in fiscal year 2015 from the amounts made available for Salaries and Expenses for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further , That any differences between the present value factors published in OPM's yearly 300 series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable: Provided further , That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code: Provided further , That within the amounts appropriated, $2,000,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the USPTO. National institute of standards and technology Scientific and technical research and services For necessary expenses of the National Institute of Standards and Technology (NIST), $670,500,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the Working Capital Fund : Provided , That not to exceed $5,000 shall be for official reception and representation expenses: Provided further , That NIST may provide local transportation for summer undergraduate research fellowship program participants. Industrial technology services For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $130,000,000, to remain available until expended. Construction of research facilities For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278c–278e ), $55,300,000, to remain available until expended: Provided , That the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000 and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years. National oceanic and atmospheric administration Operations, research, and facilities (including transfer of funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,089,480,000 (increased by $12,000,000), to remain available until September 30, 2016, except that funds provided for cooperative enforcement shall remain available until September 30, 2017: Provided , That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided further , That in addition, $116,000,000 shall be derived by transfer from the fund entitled Promote and Develop Fishery Products and Research Pertaining to American Fisheries : Provided further , That of the $3,220,480,000 provided for in direct obligations under this heading $3,089,480,000 is appropriated from the general fund, $116,000,000 is provided by transfer, and $15,000,000 is derived from recoveries of prior year obligations: Provided further , That the total amount available for National Oceanic and Atmospheric Administration corporate services administrative support costs shall not exceed $215,654,000: Provided further , That any deviation from the amounts designated for specific activities in the report accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further , That in addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents Medical Care Act ( 10 U.S.C. 55 ), such sums as may be necessary. Procurement, acquisition and construction For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $2,176,290,000, to remain available until September 30, 2017, except that funds provided for construction of facilities shall remain available until expended: Provided , That of the $2,189,290,000 provided for in direct obligations under this heading, $2,176,290,000 is appropriated from the general fund and $13,000,000 is provided from recoveries of prior year obligations: Provided further , That any deviation from the amounts designated for specific activities in the report accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further , That the Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years: Provided further , That within the amounts appropriated, $1,302,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to satellite procurement, acquisition and construction. Pacific coastal salmon recovery For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2016: Provided , That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the Federally recognized tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further , That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further , That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds. Fishermen's contingency fund For carrying out the provisions of title IV of Public Law 95–372 , not to exceed $350,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. Fisheries finance program account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2015, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. Departmental management Salaries and expenses For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $54,000,000 (reduced by $1,000,000): Provided , That the Secretary of Commerce shall maintain a task force on job repatriation and manufacturing growth and shall produce an annual report on related incentive strategies, implementation plans and program results. Renovation and modernization For necessary expenses for the renovation and modernization of Department of Commerce facilities, $4,000,000, to remain available until expended. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $30,596,000. General provisions—Department of commerce 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 ( 15 U.S.C. 1514 ), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324 , may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109 ; and uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901–5902 ). 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce. 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 ( Public Law 112–55 ), as amended by section 105 of title I of division B of Public Law 113–6 , are hereby adopted by reference and made applicable with respect to fiscal year 2015. 105. Notwithstanding any other provision of law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 107. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. 108. The Department of Commerce shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of the U.S. Department of Commerce, including the purpose of such travel. This title may be cited as the Department of Commerce Appropriations Act, 2015 . II Department of Justice General Administration Salaries and expenses For expenses necessary for the administration of the Department of Justice, $103,851,000 (reduced by $1,000,000) (reduced by $1,000,000) (reduced by $1,000,000) (reduced by $1,500,000) (reduced by $2,000,000) (reduced by $1,044,445) (reduced by $5,000,000) (increased by $5,000,000), of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended. Justice information sharing technology For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $25,842,000 (reduced by $2,500,000) (reduced by $3,000,000), to remain available until expended: Provided , That the Attorney General may transfer up to $35,400,000 to this account, from funds available to the Department of Justice for information technology, for enterprise-wide information technology initiatives: Provided further , That the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this Act. Administrative review and appeals (including transfer of funds) For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $335,000,000 (increased by $1,000,000), of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the Immigration Examinations Fee account: Provided , That, of the amount provided, not to exceed $10,000,000 is for the Executive Office for Immigration Review for courthouse operations, language services and automated system requirements and shall remain available until expended. Office of inspector general For necessary expenses of the Office of Inspector General, $88,000,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character. United states parole commission Salaries and expenses For necessary expenses of the United States Parole Commission as authorized, $13,308,000. Legal activities Salaries and expenses, general legal activities For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, $893,000,000 (reduced by $866,000) (reduced by $8,000,000), of which not to exceed $20,000,000 for litigation support contracts shall remain available until expended: Provided , That of the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to Salaries and Expenses, General Legal Activities from available appropriations for the current fiscal year for the Department of Justice as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That of the amount appropriated, such sums as may be necessary shall be available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973f ) and to reimburse the Office of Personnel Management for such salaries and expenses: Provided further , That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. Salaries and expenses, antitrust division For expenses necessary for the enforcement of antitrust and kindred laws, $162,246,000, to remain available until expended: Provided , That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( 15 U.S.C. 18a ), regardless of the year of collection (and estimated to be $100,000,000 in fiscal year 2015), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further , That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2015, so as to result in a final fiscal year 2015 appropriation from the general fund estimated at $62,246,000. Salaries and expenses, united states attorneys For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $1,970,000,000 (increased by $1,000,000): Provided , That of the total amount appropriated, not to exceed $7,200 shall be available for official reception and representation expenses: Provided further , That not to exceed $25,000,000 shall remain available until expended: Provided further , That each United States Attorney shall establish or participate in a United States Attorney-led task force on human trafficking. United states trustee system fund For necessary expenses of the United States Trustee Program, as authorized, $225,908,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided , That, notwithstanding any other provision of law, deposits to the Fund shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further , That, notwithstanding any other provision of law, $225,908,000 of offsetting collections pursuant to section 589a(b) of title 28, United States Code, shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further , That the sum herein appropriated from the Fund shall be reduced as such offsetting collections are received during fiscal year 2015, so as to result in a final fiscal year 2015 appropriation from the Fund estimated at $0. Salaries and expenses, foreign claims settlement commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,326,000. Fees and expenses of witnesses For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $11,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses. Salaries and expenses, community relations service For necessary expenses of the Community Relations Service, $12,000,000: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Assets forfeiture fund For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the Department of Justice Assets Forfeiture Fund. United states marshals service Salaries and expenses For necessary expenses of the United States Marshals Service, $1,199,000,000, of which not to exceed $6,000 shall be available for official reception and representation expenses, and not to exceed $15,000,000 shall remain available until expended. Construction For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $9,800,000, to remain available until expended. Federal prisoner detention (including transfer of funds) For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $1,595,307,000, to remain available until expended: Provided , That not to exceed $20,000,000 shall be considered funds appropriated for State and local law enforcement assistance pursuant to section 4013(b) of title 18, United States Code: Provided further , That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further , That any unobligated balances available from funds appropriated under the heading ‘General Administration, Detention Trustee’ shall be transferred to and merged with the appropriation under this heading. National security division Salaries and expenses For expenses necessary to carry out the activities of the National Security Division, $94,800,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Interagency law enforcement Interagency crime and drug enforcement For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $515,000,000 (increased by $4,000,000), of which $50,000,000 shall remain available until expended: Provided , That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. Federal bureau of investigation Salaries and expenses For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $8,356,857,000, of which not less than $8,500,000 shall be for the National Gang and Human Trafficking Intelligence Center, and of which not to exceed $216,900,000 shall remain available until expended: Provided , That not to exceed $184,500 shall be available for official reception and representation expenses: Provided further , That up to $1,000,000 shall be for a comprehensive review of the implementation of the recommendations related to the Federal Bureau of Investigation that were proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States. Construction For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification and extension of Federally-owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $110,982,000, to remain available until expended. Drug enforcement administration Salaries and expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $2,053,320,000 (reduced by $5,000,000); of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses. Bureau of alcohol, tobacco, firearms and explosives Salaries and expenses For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,200,000,000 (reduced by $6,000,000), of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $20,000,000 shall remain available until expended: Provided , That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further , That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further , That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments: Provided further , That the Federal Building at 99 New York Avenue, NE, Washington, DC, headquarters of the Bureau of Alcohol, Tobacco, Firearms and Explosives, shall hereafter be known and designated as the Ariel Rios Federal Building. Federal prison system Salaries and expenses (including transfer of funds) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,865,000,000 (reduced by $500,000) (reduced by $500,000) (reduced by $1,000,000): Provided , That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further , That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further , That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further , That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2016: Provided further , That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses: Provided further , That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities. Buildings and facilities For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $115,000,000 (reduced by $2,200,000) (reduced by $5,500,000), to remain available until expended, of which $25,000,000 (reduced by $5,500,000) shall be available only for costs related to construction of new facilities, of which not less than $76,000,000 (reduced by $2,200,000) shall be available only for modernization, maintenance and repair, and of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs: Provided , That labor of United States prisoners may be used for work performed under this appropriation. Federal prison industries, incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation. Limitation on administrative expenses, federal prison industries, incorporated Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. State and local law enforcement activities Office on violence against women Violence against women prevention and prosecution programs For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) ( the 1968 Act ); the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. ) ( the 1974 Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ) ( the 2000 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); and the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); and for related victims services, $425,500,000 (increased by $1,000,000) (increased by $500,000) (increased by $2,500,000), to remain available until expended: Provided , That except as otherwise provided by law, not to exceed 5 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further , That of the amount provided— (1) $195,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act; (2) $25,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking or sexual assault as authorized by section 40299 of the 1994 Act; (3) $3,000,000 is for the National Institute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; (4) $10,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence: Provided , That unobligated balances available for the programs authorized by sections 41201, 41204, 41303 and 41305 of the 1994 Act, prior to its amendment by the 2013 Act, shall be available for this program: Provided further , That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further , That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (5) $50,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is for a homicide reduction initiative; (6) $29,500,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $31,000,000 (increased by $2,500,000) is for rural domestic violence and child abuse enforcement assistance grants, including as authorized by section 40295 of the 1994 Act; (8) $11,500,000 (increased by $1,000,000) is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act; (9) $42,500,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $4,250,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act; (11) $16,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided , That unobligated balances available for the programs authorized by section 1301 of the 2000 Act and section 41002 of the 1994 Act, prior to their amendment by the 2013 Act, shall be available for this program; (12) $5,750,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act: Provided , That such funds may be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; and (15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women. Office of Justice Programs Research, evaluation and statistics For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Missing Children's Assistance Act ( 42 U.S.C. 5771 et seq. ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Justice for All Act of 2004 ( Public Law 108–405 ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Victims of Crime Act of 1984 ( Public Law 98–473 ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); subtitle D of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); and other programs, $124,250,000 (reduced by $4,250,000), to remain available until expended, of which— (1) $47,250,000 (reduced by $2,250,000) is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act: Provided , That beginning not later than 2 years after the date of enactment of this Act, as part of each National Crime Victimization Survey, the Attorney General shall include statistics relating to honor violence; (2) $42,000,000 (reduced by $2,000,000) is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle D of title II of the 2002 Act; and (3) $35,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act. State and local law enforcement assistance For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Justice for All Act of 2004 ( Public Law 108–405 ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Trafficking Victims Protection Reauthorization Act of 2005 ( Public Law 109–164 ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ); the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); subtitle D of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( Public Law 110–403 ); the Victims of Crime Act of 1984 ( Public Law 98–473 ); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); and other programs, $1,235,615,000 (increased by $3,000,000) (increased by $4,000,000) (increased by $1,000,000) (increased by $2,000,000) (increased by $3,000,000) (increased by $8,000,000) (increased by $5,000,000) (increased by $6,000,000) (increased by $1,000,000) (increased by $1,000,000) (reduced by $2,500,000) (increased by $4,250,000) (increased by $19,500,000), to remain available until expended as follows— (1) $376,000,000 (increased by $4,250,000) for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g) of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1, $2,500,000 is for an initiative to improve the quality of juvenile indigent defense services, $15,000,000 is for a Preventing Violence Against Law Enforcement Officer Resilience and Survivability Initiative (VALOR), $4,000,000 is for use by the National Institute of Justice for research targeted toward developing a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective intervention and prevention, and $6,000,000 is for competitive grants to distribute firearm safety materials and gun locks; (2) $210,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i)(5) ): Provided , That no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facilities; (3) $8,000,000 (reduced by $2,500,000) for competitive grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation); (4) $45,365,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106–386 , and for programs authorized under Public Law 109–164 ; (5) $41,000,000 (increased by $3,000,000) for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (6) $9,000,000 (increased by $2,000,000) (increased by $2,000,000) for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ); (7) $12,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act; (8) $2,000,000 for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405 , and for grants for wrongful conviction review; (9) $10,000,000 for economic, high technology and Internet crime prevention grants, including as authorized by section 401 of Public Law 110–403 ; (10) $21,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities, of which $1,000,000 is for the National Sex Offender Public Website; (11) $22,250,000 for the matching grant program for law enforcement armor vests, as authorized by section 2501 of title I of the 1968 Act; (12) $58,500,000 (increased by $19,500,000) for grants to States to upgrade criminal and mental health records for the National Instant Criminal Background Check System, including as authorized by the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); (13) $125,000,000 for DNA-related and forensic programs and activities, of which— (A) $117,000,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( Public Law 106–546 ) (the Debbie Smith DNA Backlog Grant Program): Provided , That up to 4 percent of funds made available under this paragraph may be used for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers program ( Public Law 108–405 , section 303); (B) $4,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program ( Public Law 108–405 , section 412); and (C) $4,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of Public Law 108–405 ; (14) $36,000,000 (increased by $5,000,000) for grants to address backlogs of sexual assault kits at law enforcement agencies; (15) $6,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (16) $35,000,000 for assistance to Indian tribes; (17) $62,500,000 (increased by $3,000,000) for offender reentry programs and research, as authorized by the Second Chance Act of 2007 ( Public Law 110–199 ), without regard to the time limitations specified at section 6(1) of such Act; (18) $5,000,000 (increased by $2,000,000) (increased by $1,000,000) (increased by $6,000,000) (increased by $1,000,000) for a veterans treatment courts program; (19) $1,000,000 for the purposes described in the Missing Alzheimer's Disease Patient Alert Program (section 240001 of the 1994 Act); (20) $8,000,000 (increased by $8,000,000) for a program to monitor prescription drugs and scheduled listed chemical products; (21) $15,000,000 for prison rape prevention and prosecution grants to States and units of local government, and other programs, as authorized by the Prison Rape Elimination Act of 2003 ( Public Law 108–79 ); (22) $2,000,000 to operate a National Center for Campus Public Safety; (23) $30,000,000 for a justice reinvestment initiative, for activities related to criminal justice reform and recidivism reduction, of which not less than $1,000,000 is for a task force on Federal corrections; (24) $75,000,000 for the Comprehensive School Safety Initiative, described in the report accompanying this Act: Provided , That section 213 of this Act shall not apply with respect to the amount made available in this paragraph; and (25) $20,000,000 (increased by $1,000,000) for existing evidence-based criminal justice programs as described in the report accompanying this Act: Provided , That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public sector safety service. Juvenile justice programs For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Missing Children's Assistance Act ( 42 U.S.C. 5771 et seq. ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); and other juvenile justice programs, $223,500,000, to remain available until expended as follows— (1) $45,000,000 for programs authorized by section 221 of the 1974 Act; (2) $90,000,000 for youth mentoring grants; (3) $19,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (4) $68,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 ( Public Law 110–401 ) shall not apply for purposes of this Act); and (5) $1,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act: Provided , That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further , That not more than 2 percent of the amounts designated under paragraphs (1) through (3) and (5) may be used for training and technical assistance: Provided further , That the two preceding provisos shall not apply to grants and projects authorized by sections 261 and 262 of the 1974 Act and to missing and exploited children programs. Public safety officer benefits For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to Public Safety Officer Benefits from available appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Community oriented policing services Community oriented policing services programs For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); and the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ), $96,500,000 (increased by $110,000,000) (increased by $3,000,000), to remain available until expended: Provided , That any balances made available through prior year deobligations shall only be available in accordance with section 505 of this Act: Provided further , That of the amount provided under this heading— (1) $10,000,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act; (2) $16,500,000 is for improving tribal law enforcement, including hiring, equipment, training, and anti-methamphetamine activities; and (3) $70,000,000 (increased by $110,000,000) is for grants under section 1701 of title I of the 1968 Act ( 42 U.S.C. 3796dd ) for the hiring and rehiring of additional career law enforcement officers under part Q of such title notwithstanding subsection (i) of such section: Provided , That, notwithstanding section 1704(c) of such title ( 42 U.S.C. 3796dd–3(c) ), funding for hiring or rehiring a career law enforcement officer may not exceed $125,000 unless the Director of the Office of Community Oriented Policing Services grants a waiver from this limitation: Provided further , That within the amounts appropriated under this paragraph, $16,500,000 shall be transferred to the Tribal Resources Grant Program: Provided further , That within the amounts appropriated under this paragraph, $10,000,000 is for regional anti-gang task forces. General provisions—Department of justice 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided , That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided , That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. 206. The Attorney General is authorized to extend through September 30, 2015, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 28 U.S.C. 599B ) without limitation on the number of employees or the positions covered. 207. None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. 208. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. 209. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. 210. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the report accompanying this Act, and to any use of deobligated balances of funds provided under this title in previous years. 211. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. 212. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. 213. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings Research, Evaluation and Statistics , State and Local Law Enforcement Assistance , and Juvenile Justice Programs — (1) up to 3 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs. 214. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13709(a) ) shall not apply to amounts made available by this or any other Act. 215. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 216. (a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2015. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2015, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2015, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (d) Of amounts available in the Assets Forfeiture Fund in fiscal year 2015, $154,700,000 shall be for payments associated with joint law enforcement operations as authorized by section 524(c)(1)(I) of title 28, United States Code. (e) The Attorney General shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate not later than 30 days after the date of enactment of this Act detailing the planned distribution of Assets Forfeiture Fund joint law enforcement operations funding during fiscal year 2015. This title may be cited as the Department of Justice Appropriations Act, 2015 . III Science Office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6601 et seq. ), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,555,000. National aeronautics and space administration Science For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $5,193,000,000, to remain available until September 30, 2016: Provided , That the formulation and development costs (with development cost as defined under section 30104 of title 51, United States Code) for the James Webb Space Telescope shall not exceed $8,000,000,000: Provided further , That should the individual identified under subsection (c)(2)(E) of section 30104 of title 51, United States Code, as responsible for the James Webb Space Telescope determine that the development cost of the program is likely to exceed that limitation, the individual shall immediately notify the Administrator and the increase shall be treated as if it meets the 30 percent threshold described in subsection (f) of section 30104: Provided further , That $100,000,000 shall be for pre-formulation and/or formulation activities for a mission that meets the science goals outlined for the Jupiter Europa mission in the most recent planetary science decadal survey. Aeronautics For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $666,000,000, to remain available until September 30, 2016. Space Technology For necessary expenses, not otherwise provided for, in the conduct and support of space research and technology development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $620,000,000 (increased by $7,000,000), to remain available until September 30, 2016. Exploration For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,167,000,000, to remain available until September 30, 2016: Provided , That not less than $1,140,000,000 shall be for the Orion Multi-Purpose Crew Vehicle: Provided further , That not less than $1,915,000,000 shall be for the Space Launch System, which shall have a lift capability not less than 130 metric tons and which shall have an upper stage and other core elements developed simultaneously: Provided further , That of the funds made available for the Space Launch System, $1,600,000,000 shall be for launch vehicle development and $315,000,000 shall be for exploration ground systems. Space operations For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities, including operations, production, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,885,000,000 (reduced by $7,000,000), to remain available until September 30, 2016. Education For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $106,000,000, to remain available until September 30, 2016, of which $9,000,000 shall be for the Experimental Program to Stimulate Competitive Research and $30,000,000 shall be for the National Space Grant College program. Safety, Security and Mission Services For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $2,779,000,000, to remain available until September 30, 2016. Construction and environmental compliance and restoration For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $446,000,000, to remain available until September 30, 2020: Provided , That hereafter, notwithstanding section 20145(b)(2)(A) of title 51, United States Code, all proceeds from leases entered into under that section shall be deposited into this account: Provided further , That such proceeds shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further , That such proceeds referred to in the two preceding provisos shall be available for obligation for fiscal year 2015 in an amount not to exceed $9,584,100: Provided further , That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $34,000,000, of which $500,000 shall remain available until September 30, 2016. Administrative provisions (including transfer of funds) Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by NASA at the theme, program, project and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (transfer of funds) The unexpired balances of a previous account, for activities for which funds are provided in this Act, may be transferred to the new account established in this Act that provides such activities. Balances so transferred shall be merged with the funds in the newly established account, but shall be available under the same terms, conditions and period of time as previously appropriated. National science foundation Research and related activities For necessary expenses in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), and Public Law 86–209 ( 42 U.S.C. 1880 et seq. ); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $5,973,645,000 (reduced by $15,350,000)(increased by $15,350,000), to remain available until September 30, 2016, of which not to exceed $520,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided , That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation. Major research equipment and facilities construction For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including authorized travel, $200,760,000, to remain available until expended. Education and human resources For necessary expenses in carrying out science, mathematics and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of conference rooms in the District of Columbia, $876,000,000, to remain available until September 30, 2016. Agency operations and award management For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ); services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $335,000,000 (reduced by $10,000,000): Provided , That not to exceed $8,280 is for official reception and representation expenses: Provided further , That contracts may be entered into under this heading in fiscal year 2015 for maintenance and operation of facilities and for other services to be provided during the next fiscal year: Provided further , That of the amount provided for costs associated with the acquisition, occupancy, and related costs of new headquarters space, not more that $27,370,000 shall remain available until expended. Office of the national science board For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ) and Public Law 86–209 ( 42 U.S.C. 1880 et seq. ), $4,370,000: Provided , That not to exceed $2,500 shall be available for official reception and representation expenses. Office of inspector general For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $14,430,000, of which $400,000 shall remain available until September 30, 2016. Administrative provision Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 15 percent by any such transfers. Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. This title may be cited as the Science Appropriations Act, 2015 . IV Related agencies Commission on civil rights Salaries and expenses For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,000,000: Provided , That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner: Provided further , That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further , That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section 3 of the Civil Rights Commission Act of 1983 ( 42 U.S.C. 1975a ). Equal employment opportunity commission Salaries and expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 ( Public Law 110–233 ), the ADA Amendments Act of 2008 ( Public Law 110–325 ), and the Lilly Ledbetter Fair Pay Act of 2009 ( Public Law 111–2 ), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $29,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $364,000,000: Provided , That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: Provided further , That the Chair is authorized to accept and use any gift or donation to carry out the work of the Commission. International trade commission Salaries and expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $84,500,000 (increased by $1,500,000), to remain available until expended. Legal services corporation Payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $350,000,000, of which $319,650,000 is for basic field programs and required independent audits; $4,350,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $18,000,000 is for management and grants oversight; $4,000,000 is for client self-help and information technology; $3,000,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan repayment assistance: Provided , That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act ( 42 U.S.C. 2996(d) ): Provided further , That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation: Provided further , That, for the purposes of section 505 of this Act, the Legal Services Corporation shall be considered an agency of the United States Government. Administrative provision—legal services corporation None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 , and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2014 and 2015, respectively. Marine mammal commission Salaries and expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), $3,250,000. Office of the united states trade representative Salaries and expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $53,500,000, of which $1,000,000 shall remain available until expended: Provided , That not to exceed $124,000 shall be available for official reception and representation expenses. State justice institute Salaries and expenses For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 ( 42 U.S.C. 10701 et seq. ) $5,121,000, of which $500,000 shall remain available until September 30, 2016: Provided , That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further , That, for the purposes of section 505 of this Act, the State Justice Institute shall be considered an agency of the United States Government. V General provisions (including rescissions) 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress, or for contracts to provide training for agency employees to engage in such publicity or propaganda purposes. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 505. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds by agencies (excluding agencies of the Department of Justice) funded by this Act and 45 days in advance of such reprogramming of funds by agencies of the Department of Justice funded by this Act. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. (b)(1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. (2) The term promotional items has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3). 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided , That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further , That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property. 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 510. None of the funds made available in this Act may be used to pay the salaries and expenses of personnel of the Department of Justice to obligate more than $770,000,000 during fiscal year 2015 from the fund established by section 1402 of Public Law 98–473 ( 42 U.S.C. 10601 ). 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 513. Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act. 514. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) A grant or contract funded by amounts appropriated by this Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (d) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (e) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. 515. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems unless the agency has— (1) reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and (3) in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— (1) developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined that the acquisition of such system is in the national interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate. 516. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 517. (a) Notwithstanding any other provision of law or treaty, in the current fiscal year and any fiscal year thereafter, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. 518. Notwithstanding any other provision of law, in the current fiscal year and any fiscal year thereafter, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or.113, for a permit to import United States origin curios or relics firearms, parts, or ammunition. 519. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement. 520. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts. 521. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. 522. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2015 until the enactment of the Intelligence Authorization Act for fiscal year 2015. 523. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (rescissions) 524. (a) Of the unobligated balances available for Department of Commerce, Departmental Management, Franchise Fund , $2,906,000 is hereby rescinded. (b) Of the unobligated balances available to the Department of Justice, the following funds are hereby rescinded, not later than September 30, 2015, from the following accounts in the specified amounts— (1) Working Capital Fund , $54,000,000; (2) Legal Activities, Assets Forfeiture Fund , $193,000,000; (3) United States Marshals Service, Federal Prisoner Detention , $122,000,000; (4) State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs , $12,200,000; (5) State and Local Law Enforcement Activities, Office of Justice Programs , $59,000,000; and (6) State and Local Law Enforcement Activities, Community Oriented Policing Services , $26,000,000. (c) The Department of Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2015, specifying the amount of each rescission made pursuant to subsection (b). 525. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. 526. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the United States unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States. 527. None of the funds appropriated or otherwise made available in this Act may be used in a manner that is inconsistent with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States— (1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws; (2) to avoid agreements that— (A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; or (B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and (3) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers. 528. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 529. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 530. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are Energy Star qualified or have the Federal Energy Management Program designation. 531. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 532. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA or OSTP has certified— (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. (d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. 533. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. 534. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 535. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, and the National Science Foundation shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate within 60 days after the date of enactment of this Act. 536. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 537. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 538. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. 539. None of the funds made available by this Act may be used to require a person licensed under section 923 of title 18, United States Code, to report information to the Department of Justice regarding the sale of multiple rifles or shotguns to the same person. Spending Reduction Account 540. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0 (increased by $866,000). 541. None of the funds made available by this Act under the heading Pacific Coastal Salmon Recovery may be used for grant guidelines or requirements to establish minimum riparian buffers. 542. None of the funds made available by this Act may be used to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011. 543. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals— (1) within a three-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in paragraph (1); or (3) within a three-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. 544. None of the funds made available by this Act may be used to implement Executive Order No. 13547 (75 Fed. Reg. 43023, relating to the stewardship of oceans, coasts, and the Great Lakes), including the National Ocean Policy developed under such Executive order. 545. None of the funds made available in this Act may be used to enforce section 221 of title 13, United States Code, with respect to the American Community Survey. 546. None of the funds made available by this Act for the DEPARTMENT OF JUSTICE — administrative review and appeals may be used in contravention of sections 509 and 510 of title 28, United States Code. 547. None of the funds made available by this Act may be used to assess or collect the fee established by section 660.115 of title 50, Code of Federal Regulations. 548. None of the funds made available in this Act may be used in contravention of any of the following: (1) The fifth and 14th amendments to the Constitution of the United States. (2) Title VI of the Civil Rights Act of 1964 (relating to nondiscrimination in federally assisted programs). (3) Section 809(c)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (relating to prohibition of discrimination). (4) Section 210401(a) of the Violent Crime and Law Enforcement Act of 1994 (relating to unlawful police pattern or practice). 549. None of the funds made available by this Act may be used for the National Aeronautics and Space Administration’s Advanced Food Technology Project. 550. None of the funds made available in this Act may be used for a loan guarantee for Innovative Technologies in Manufacturing under the heading Economic Development Administration, Economic Development Assistance Programs . 551. None of the funds made available by this Act may be used to negotiate an agreement that includes a waiver of the Buy American Act . 552. None of the funds made available to the National Science Foundation by this Act may be used to examine climate effects on tea quality and socioeconomic responses under award number 1313775–CNH. 553. None of the funds appropriated or otherwise made available by this Act may be used to design, implement, administer, or carry out the U.S. Global Climate Research Program National Climate Assessment, the Intergovernmental Panel on Climate Change’s Fifth Assessment Report, the United Nation’s Agenda 21 sustainable development plan, or the May 2013 Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order No. 12866. 554. None of the funds made available in this Act may be used to carry out Operation Choke Point. 555. None of the funds made available by this Act may be used to provide assistance to a State, or political subdivision of a State, that has in effect any law, policy, or procedure in contravention of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). 556. None of the funds made available in this Act may be used for the Investigative and Public Affairs Unit of the Federal Bureau of Investigation except for the Ten Most Wanted Fugitives, the Most Wanted Terrorists, and missing children programs. 557. None of the funds made available in this Act to the Department of Justice may be used to prevent a State from implementing its own State laws that authorize the use, distribution, possession, or cultivation of industrial hemp, as defined in section 7606 of the Agricultural Act of 2014 ( Public Law 113–79 ). 558. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana. 559. None of the funds made available by this Act may be used to transfer or temporarily assign employees to the Office of the Pardon Attorney for the purpose of screening clemency applications. 560. None of the funds made available by this Act may be used in contravention of section 7606 ( Legitimacy of Industrial Hemp Research ) of the Agricultural Act of 2014 ( Public Law 113–79 ) by the Department of Justice or the Drug Enforcement Administration. 561. None of the funds made available by this Act may be used to compel a journalist or reporter to testify about information or sources that the journalist or reporter states in a motion to quash the subpoena that he has obtained as a journalist or reporter and that he regards as confidential. 562. None of the funds made available by this Act may be used to relinquish the responsibility of the National Telecommunications and Information Administration with respect to Internet domain name system functions, including responsibility with respect to the authoritative root zone file and the Internet Assigned Numbers Authority functions. 563. None of the funds made available in this Act may be used by the Department of Justice to enforce the Fair Housing Act in a manner that relies upon an allegation of liability under 24 CFR 100.500. 564. None of the funds made available by this Act under the heading Department of Justice—Office of Justice Programs—State and Local Law Enforcement Assistance may be used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373(a) ). 565. None of the funds made available by this Act may be used to negotiate or enter into a trade agreement that establishes a limit on greenhouse gas emissions. The limitation described in this section shall not apply in the case of the administration of a tax or tariff. This Act may be cited as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015 . Passed the House of Representatives May 30 (legislative day May 29), 2014. Karen L. Haas, Clerk.
https://www.govinfo.gov/content/pkg/BILLS-113hr4660eh/xml/BILLS-113hr4660eh.xml
113-hr-4661
I 113th CONGRESS 2d Session H. R. 4661 IN THE HOUSE OF REPRESENTATIVES May 15, 2014 Mr. Rogers of Michigan introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) A BILL To authorize appropriations for fiscal year 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 1. Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2015 . I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2015 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. __ of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases With the approval of the Director of the Office of Management and Budget, the Director of National Intelligence may authorize employment of civilian personnel in excess of the number of positions authorized for fiscal year 2015 by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such Schedule for such element. (b) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long-term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 104. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2015 the sum of $__________. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2016. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized __ positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2015 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2016. (2) Authorization of personnel In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). II Central Intelligence Agency Retirement and Disability System 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2015 the sum of $__________. III General provisions 301. Increase in employee compensation and benefits authorized by law Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 302. Restriction on conduct of intelligence activities The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.
https://www.govinfo.gov/content/pkg/BILLS-113hr4661ih/xml/BILLS-113hr4661ih.xml
113-hr-4662
I 113th CONGRESS 2d Session H. R. 4662 IN THE HOUSE OF REPRESENTATIVES May 15, 2014 Mr. Posey introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to establish an advisory opinion process for the Bureau of Consumer Financial Protection, and for other purposes. 1. Short title This Act may be cited as the Bureau Advisory Opinion Act . 2. Advisory opinions Section 1022(b) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512(b) ) is amended by adding at the end the following: (5) Advisory opinions (A) Establishing procedures (i) In general The Director shall establish a procedure to provide responses to specific inquiries by a covered person concerning conformance of prospective conduct with the Federal consumer financial law. In establishing the procedures the Director shall consult with the prudential regulators and such other Federal departments and agencies as the Director determines appropriate, and obtain the views of all interested persons through a public notice and comment period. (ii) Hypothetical inquiries prohibited An inquiry may only be made by a covered person under this paragraph with respect to conduct that the person intends to engage in. (iii) Right to withdraw inquiry Any covered person making an inquiry under this paragraph may withdraw such inquiry at any time prior to the Director issuing an opinion in response to such inquiry, and any opinion based on an inquiry that has been withdrawn shall have no force or effect. (B) Issuance of opinions (i) In general The Director shall, within 90 days after receiving an inquiry under this paragraph, issue an opinion in response to that inquiry. Such opinion shall state whether or not the specified prospective conduct would, for purposes of Bureau’s present enforcement policy, violate Federal consumer financial law. (ii) Extension permitted If the Director determines that the Bureau requires additional time to issue an opinion on an inquiry, the Director may make a single extension of the deadline described under clause (i) of 45 days or less. (C) Rebuttable presumption In any action brought under the Federal consumer financial law, there shall be a rebuttable presumption that any conduct for which the Director has issued an opinion that such conduct is in conformity with the Bureau’s interpretation of Federal consumer financial law, is in compliance with Federal consumer financial law. Such a presumption may be rebutted by a preponderance of the evidence. In considering such presumption, a court shall weigh all relevant factors, including whether the information submitted to the Director was accurate and complete and whether the conduct at issue in the action was within the scope of the conduct addressed in the opinion of the Director. (D) Confidentiality Any document or other material that is received by or prepared by the Bureau or any other Federal department or agency in connection with an inquiry under this paragraph, including any opinion issued by the Director under this paragraph, shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act) and may not, except with the consent of the covered person making such inquiry, be made publicly available, regardless of whether the Director responds to such inquiry or the covered person withdraws such inquiry before receiving an opinion. (E) Assistance for small businesses (i) In general The Bureau shall assist, to the maximum extent practicable, small businesses in preparing inquiries under this paragraph. (ii) Small business defined For purposes of this clause, the term small business has the meaning given the term small business concern under section 3 of the Small Business Act ( 15 U.S.C. 632 ). .
https://www.govinfo.gov/content/pkg/BILLS-113hr4662ih/xml/BILLS-113hr4662ih.xml
113-hr-4663
I 113th CONGRESS 2d Session H. R. 4663 IN THE HOUSE OF REPRESENTATIVES May 15, 2014 Mrs. Black (for herself and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to permit certain nurse practitioners, clinical nurse specialists, physician assistants, and certified nurse-midwives to provide certain certifications with respect to inpatient hospital services under the Medicare program. 1. Short title This Act may be cited as the Protect Patient Access and Promote Hospital Efficiency Act . 2. Permitting certain nurse practitioners, clinical nurse specialists, physician assistants, and certified nurse-midwives to provide certain certifications with respect to inpatient hospital services under the Medicare program (a) In general Section 1814(a)(3) of the Social Security Act ( 42 U.S.C. 1395f(a)(3) ) is amended by inserting (or, in the case of such inpatient hospital services ordered by a nurse practitioner, clinical nurse specialist, physician assistant (as such terms are defined in section 1861(aa)(5)), or a certified nurse-midwife (as such term is defined in section 1861(gg)) who is privileged and credentialed at the hospital at which such services are to be furnished, the nurse practitioner, clinical nurse specialist, physician assistant, or certified nurse-midwife) after a physician . (b) No effect on State scope of practice law Nothing in this section, including the amendment made by this section, shall be construed as, or have the effect of, changing any State scope of practice law for any health care professional.
https://www.govinfo.gov/content/pkg/BILLS-113hr4663ih/xml/BILLS-113hr4663ih.xml
113-hr-4664
I 113th CONGRESS 2d Session H. R. 4664 IN THE HOUSE OF REPRESENTATIVES May 15, 2014 Mr. Kind (for himself, Ms. Schwartz , and Ms. Esty ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the method by which the Social Security Administration determines the validity of marriages under title II of the Social Security Act. 1. Short title This Act may be cited as the Social Security and Marriage Equality Act . 2. Determination of valid marriage under the Social Security Act (a) In general Section 216(h)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 416(h)(1)(A)(i) ) is amended by striking is domiciled and all that follows through the District of Columbia, and inserting and such applicant were married (or, if such insured individual and such applicant were not married in any State but were validly married in another jurisdiction, the courts of any State) . (b) Effective date The amendments made by this section shall apply to all final determinations of family status made after June 26, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4664ih/xml/BILLS-113hr4664ih.xml
113-hr-4665
I 113th CONGRESS 2d Session H. R. 4665 IN THE HOUSE OF REPRESENTATIVES May 15, 2014 Ms. Meng introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide for the eligibility of the Republic of Korea for the license exception for encryption commodities, software and technology under the Export Administration Regulations. 1. Short title This Act may be cited as the Korea Security Partnership Act . 2. Eligibility of Republic of Korea for license exception for encryption commodities, software and technology under the Export Administration Regulations (a) Finding Congress finds that the Republic of Korea has adopted high standards in the field of export controls, and that it is a member of all four multilateral export control regimes: the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, and the Wassenaar Arrangement. (b) License exception Effective beginning on the date that is 180 days after the date of the enactment of this Act, the Republic of Korea shall be deemed to be a country listed in Supplement No. 3 to part 740 of title 15, Code of Federal Regulations (relating to license exception for encryption commodities, software and technology (ENC) favorable treatment countries), or any successor to such Supplement, for purposes of carrying out part 740 of title 15, Code of Federal Regulations.
https://www.govinfo.gov/content/pkg/BILLS-113hr4665ih/xml/BILLS-113hr4665ih.xml
113-hr-4666
I 113th CONGRESS 2d Session H. R. 4666 IN THE HOUSE OF REPRESENTATIVES May 15, 2014 Ms. Linda T. Sánchez of California introduced the following bill; which was referred to the Committee on Armed Services A BILL To provide for the conveyance of a portion of the former Air Force Norwalk Defense Fuel Supply Point in Norwalk, California. 1. Land conveyance, former Air Force Norwalk Defense Fuel Supply Point, Norwalk, California (a) Land conveyance authorized The Secretary of the Air Force may convey, without consideration, to the City of Norwalk, California (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of up to 15 acres at the former Air Force Norwalk Defense Fuel Supply Point for the purpose of permitting the City to use the property for public purposes. (b) Condition on conveyance The conveyance under subsection (a) is contingent upon, or may be executed concurrent with, the City actively assisting the United States in disposing of the residual portion of the former Norwalk Defense Fuel Supply Point (approximately 36 acres) using General Services Administration disposal authority. (c) Application of environmental laws Nothing in this section shall affect the applicability of Federal, State, or local environmental laws and regulations, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), to the Department of the Air Force. (d) Payment of costs of conveyances (1) Payment required The Secretary of the Air Force shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for administrative costs incurred by the Secretary to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Air Force. (f) Additional terms and conditions The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
https://www.govinfo.gov/content/pkg/BILLS-113hr4666ih/xml/BILLS-113hr4666ih.xml
113-hr-4667
I 113th CONGRESS 2d Session H. R. 4667 IN THE HOUSE OF REPRESENTATIVES May 15, 2014 Mr. Welch introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Atomic Energy Act of 1954 to provide for consultation with State and local governments, the consideration of State and local concerns, and the approval of post-shutdown decommissioning activities reports by the Nuclear Regulatory Commission. 1. Short title This Act may be cited as the Nuclear Plant Decommissioning Act of 2014 . 2. Post-shutdown decommissioning activities reports Chapter 10 of title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2131 et seq. ) is amended by adding at the end the following: 113. Post-shutdown decommissioning activities reports (a) Definitions In this section: (1) Affected State The term affected State means— (A) the host State of a covered facility; and (B) each State that is within 50 miles of a covered facility. (2) Commission The term Commission means the Nuclear Regulatory Commission. (3) Covered facility The term covered facility means a facility of a licensee for which a PSDAR is required. (4) Host State The term host State means the State in which a covered facility is located. (5) Licensee The term licensee has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or any successor regulation). (6) PSDAR The term PSDAR means a post-shutdown decommissioning activities report submitted to the Commission and affected States under section 50.82(a)(4)(i) of title 10, Code of Federal Regulations (or any successor regulation). (b) Development; initial consultation A licensee shall develop a proposed PSDAR for a covered facility after consultation with— (1) each affected State; and (2) each unit of local government and tribal government in the affected State that is located within 50 miles of the covered facility. (c) Submission to Commission; additional consultation (1) In general After additional consultation with the entities described in subsection (b) with respect to the proposed PSDAR developed under that subsection, the licensee shall— (A) submit to the Commission the proposed PSDAR; and (B) on submission of the proposed PSDAR under subparagraph (A), make the proposed PSDAR readily available to the public. (2) Public availability On receipt of the proposed PSDAR under paragraph (1), the Commission shall make the proposed PSDAR readily available to the public. (d) Public participation During a period of at least 90 days beginning on the date on which the licensee submits the proposed PSDAR to the Commission under subsection (c), the Commission shall solicit public participation on the proposed PSDAR in the host State, including through— (1) the solicitation of written comments from the public; and (2) the conduct of at least 2 public hearings within the host State. (e) Support or nonsupport by host State (1) In general Not later than 60 days after the receipt of a proposed PSDAR for a covered facility, the Commission shall invite the host State to file with the Commission, by the date that is 60 days after the date on which the host State receives the invitation under this paragraph— (A) a statement of support for the proposed PSDAR; (B) a statement of conditional support for the proposed PSDAR, with specific recommendations for changes that could lead the host State to support the proposed PSDAR; or (C) a statement of nonsupport for the proposed PSDAR. (2) Statement of support or nonsupport; failure to submit (A) In general If the host State files a statement of support under paragraph (1)(A), a statement of nonsupport under paragraph (1)(C), or fails to file a statement with the Commission by the deadline specified in paragraph (1), the Commission shall issue a determination on whether the proposed PSDAR is adequate or inadequate— (i) based on the considerations described in subparagraph (B); and (ii) after taking into account— (I) any written comments submitted by the host State, other States, and local communities with respect to the proposed PSDAR; and (II) any input from the public under subsection (d). (B) Considerations The Commission shall consider a proposed PSDAR to be adequate under subparagraph (A) if the Commission determines that— (i) the proposed PSDAR provides for the overall protection of human health and the environment; (ii) the licensee has a substantial likelihood of implementing the proposed PSDAR within the timeframe described in the proposed PSDAR; (iii) the proposed PSDAR is in accordance with applicable law (including regulations); and (iv) the licensee has proactively demonstrated that the licensee has, or will have, the funds required to fully implement the proposed PSDAR within the timeframe described in the proposed PSDAR. (C) Determination of adequacy If the Commission determines that the proposed PSDAR is adequate under subparagraph (A), the Commission shall issue a decision document approving the PSDAR. (D) Determination of inadequacy If the Commission determines that the proposed PSDAR is inadequate under subparagraph (A)— (i) the Commission shall issue a decision rejecting the proposed PSDAR, including the reasons for the decision; and (ii) the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. (3) Conditional support by host State (A) In general The Commission shall determine whether the proposed PSDAR is permissible under applicable law (including regulations) if the host State files a statement of conditional support for the proposed PSDAR with the Commission in accordance with paragraph (1)(B). (B) Changes For each change recommended by the host State under paragraph (1)(B), the Commission shall— (i) provide for the inclusion of the change into the final PSDAR, unless the Commission determines the change to be inappropriate for inclusion, based on clear and convincing evidence provided by the licensee that— (I) the change violates applicable law; or (II) the costs of the change substantially outweigh the safety, economic, or environmental benefits of the change to the host State; and (ii) provide the rationale for a determination of inappropriateness under clause (i). (C) Decision document (i) In general Based on the determinations made under subparagraphs (A) and (B), the Commission shall issue a decision document that— (I) accepts the proposed PSDAR with any changes recommended by the host State that are not determined to be inappropriate under subparagraph (B); or (II) rejects the proposed PSDAR. (ii) Applicable law A decision document issued under clause (i) shall be considered to be a final order entered in a proceeding under section 189(a). (D) Acceptance If the Commission approves the proposed PSDAR under subparagraph (C)(i)(I)— (i) the PSDAR is final; and (ii) the licensee may begin implementation of the PSDAR. (E) Rejection If the Commission rejects the proposed PSDAR under subparagraph (C)(i)(II), the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. (f) Additional requirement Notwithstanding any other provision of this section, a Commission shall not approve a PSDAR under this section unless the proposed PSDAR includes a requirement that the licensee comply with applicable State law relating to air, water, or soil quality or radiological standards with respect to the implementation of the proposed PSDAR if the applicable State law is more restrictive than the applicable Federal law. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4667ih/xml/BILLS-113hr4667ih.xml
113-hr-4668
I 113th CONGRESS 2d Session H. R. 4668 IN THE HOUSE OF REPRESENTATIVES May 15, 2014 Mr. Young of Alaska (for himself and Mr. Hunter ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the retention and future use of certain land on Point Spencer in Alaska, to support the statutory missions and duties of the Coast Guard, to convey certain land on Point Spencer to the Bering Straits Native Corporation, to convey certain land on Point Spencer to the State of Alaska, and for other purposes. 1. Short title This Act may be cited as the Point Spencer Coast Guard and Public-Private Sector Infrastructure Development Facilitation and Land Conveyance Act . 2. Definitions In this Act: (1) BSNC The term BSNC means the Bering Straits Native Corporation authorized under section 7 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606 ) to represent and manage land and resources from the settlement of aboriginal claims of indigenous Alaska Natives in the Bering Strait region of the State, including Inupiat, Yup’ik, and Siberian Yupik peoples. (2) Governor The term Governor means Governor of the State of Alaska. (3) Point spencer map or map The term Point Spencer Map or Map means the map entitled the Point Spencer Land Conveyance Map dated April 2014, and on file with the Department of Homeland Security (the department in which the Coast Guard is operating) and the Department of the Interior. (4) Point spencer parcel or parcel The term Point Spencer Parcel or Parcel means the approximately 2,648 acres of land at Point Spencer withdrawn by the Public Land Order. The Point Spencer Parcel is located in Townships 2, 3, and 4 South, Range 40 West, Kateel River Meridian, Alaska. (5) Public land order The term Public Land Order means Public Land Order 2650 published in the Federal Register on April 12, 1962. (6) Secretary The term Secretary means the Secretary of the department in which the Coast Guard is operating. (7) State The term State means the State of Alaska. (8) Public aircraft The term Public Aircraft means any aircraft owned by, operated by, or chartered by the United States, or owned, operated, or chartered by a contractor of the United States for the performance of a Federal contract on or from Point Spencer. 3. Purposes The purposes of this Act are: (1) To designate lands at Point Spencer that are to be— (A) retained by the Coast Guard; (B) conveyed to, or leased by, the State of Alaska; and (C) conveyed to the BSNC. (2) To provide for a reasonable, pragmatic, equitable, and workable way to balance Federal, State, BSNC and other private sector interests in the decommissioned and vacated former LORAN station located on the Point Spencer Parcel. (3) To provide a means for future uses of Point Spencer by Federal, State, and private sector stakeholders for a variety of tasks and missions, including, but not limited to, search and rescue, shipping safety, economic development, oil spill prevention and response, protection of Alaska Native items of antiquity, port of refuge, arctic research, maritime law enforcement on the Bering Sea, the Chukchi Sea, and the Arctic Ocean, and related uses. (4) To require the development of a Joint Management Plan for the lands retained, conveyed, or leased under this Act by the Coast Guard, the State, and the BSNC. 4. Retention and conveyance of land (a) Land for use by the Coast Guard (1) In general Notwithstanding any other provision of law and subject to valid existing rights, tracts 1, 3, and 4, as depicted on the Map, shall remain withdrawn pursuant to the Public Land Order for use by and under the jurisdiction of the Coast Guard unless and until the Secretary determines that— (A) except as provided in paragraph (2), the Coast Guard no longer needs to retain jurisdiction over any portion of tract 1, 3, or 4; and (B) all land from tract 1, 3, or 4 as identified in subparagraph (A) has been remediated to meet the standards for industrial land developed by the Alaska Department of Environmental Conservation. (2) Potential conveyance to BSNC and lease back to the Coast Guard (A) The Secretary shall notify the Secretary of the Interior of any determination made under paragraph (1). (B) Upon notification under subparagraph (A), the Secretary of the Interior shall then convey lands for which a determination has been made under paragraph (1) to the BSNC. (C) Lands conveyed to the BSNC under subparagraph (B), upon a request of the Secretary, shall be leased to the Coast Guard at no cost under existing law and shall be charged against the remaining entitlement of the BSNC under section 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ) as set forth in section 4(d)(1)(B). (3) Airstrip rights Notwithstanding paragraph (2), the Secretary shall retain an easement over all existing and future airstrips, runways, and taxiways, located on tract 2 authorizing the use of such airstrips, runways and taxiways by Public Aircraft at no cost. (b) Conveyance or lease to the State of tract 2 and tract 6 (1) In general (A) The State may choose to receive conveyance of the surface and subsurface estates of tract 2 and tract 6, or, in lieu of a conveyance of such lands, may lease tract 2 and tract 6 at no cost from the BSNC after conveyance of tract 2 and tract 6 to the BSNC by the Secretary of the Interior. (B) The State shall notify the Secretary of the Interior of its choice made under subparagraph (A) in writing. Such notification by the State shall be deemed to constitute relinquishment of the State’s selection of lands in tract 2 and tract 6 and agreement that the Secretary of the Interior shall convey such land to the BSNC. (C) Notwithstanding any other provision of law, and subject to valid existing rights, upon completion of all applicable conditions required under subsection (d), and if the State chooses to receive conveyance of tract 2 and tract 6 under subparagraph (A), the Secretary of the Interior shall convey to the State all right, title, and interest of the United States in and to the surface and subsurface estates of tract 2 and tract 6, as depicted on the Point Spencer Map. The conveyance of such estates comprising tract 2 and tract 6 shall be charged against the State’s entitlement under the Statehood Act (the Alaska Statehood Act of July 7, 1958 ( Public Law 85–508 ; 72 Stat. 339, as amended)). (D) If the State chooses under subparagraph (A) to lease lands in tract 2 and tract 6, such lands shall be conveyed by the Secretary of the Interior under the Alaska Native Claims Settlement Act to the BSNC. The BSNC shall then lease such lands to the State at no cost to the State. (E) The BSNC shall have the right to use all existing and future airstrips, runways or and taxiways located on tract 2 for access to and from the Parcel, provided, however, that the State may charge the BSNC and other private sector entities that use such airstrips usual and customary landing fees or related services for similar locations elsewhere in Alaska to help defray maintenance and administrative costs associated with the operation of the airstrip. (2) Right-of-way to and from airstrip (A) In general Notwithstanding any conveyance made under this Act, if requested by the State, the Secretary of the Interior shall provide to the State over the lands to be conveyed to the BSNC and those retained by the Coast Guard, a right-of-way at no cost for a road from the airstrip in tract 2, as depicted on the Point Spencer Map, to the southern tip of the Parcel. (B) Location If the State determines to exercise its right to the right-of-way in subparagraph (A), the location of such right-of-way shall be determined by the State, in consultation with the Coast Guard and the BSNC so that the road will be compatible with other existing or planned infrastructure development on Point Spencer in accordance with the Joint Management Plan. (c) Conveyance to the BSNC of tract 5 (1) In general Notwithstanding any other provision of law, and subject to valid existing rights and the provisions of paragraph (2), upon completion of all applicable conditions precedent required under subsection (d), and certification that any necessary clean-up and remediation of tract 5 has been completed to the standards set out in subsection (e)(2), or that the BSNC has indicated by a resolution of its Board of Directors submitted to the Secretary of the Interior before conveyance that it is willing to accept tract 5 as is at the time of such conveyance, the Secretary of the Interior shall convey to the BSNC all right, title, and interest of the United States in and to the surface and subsurface estates of tract 5, as depicted on the Point Spencer Map. The conveyance of tract 5 to the BSNC shall reserve to the United States the provisions set out in paragraph (4). (2) Airspace easement The State, Coast Guard, and the BSNC shall negotiate an airspace easement bordering the airstrip over land retained by the Coast Guard and over land conveyed to the BSNC as reasonable and necessary for safety and air operations. The State, Coast Guard, and the BSNC shall notify the Secretary of the Interior upon completion of such negotiations regarding the land in tract 2 and tract 5 that shall be subject to the airspace easement. (3) Public access easement No public access easements shall be reserved to the United States under section 17(b) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1616(b) ) with respect to the land conveyed under paragraph (1) or subsequent conveyances under section 4(a)(1) (A) and (B). (4) Archaeological and cultural resources (A) In general Except as provided in subparagraph (B), with respect to any archaeological resources contained in the land conveyed under paragraph (1) (tract 5), the United States shall retain, until otherwise notified under subparagraph (B), the authority and responsibility to enforce— (i) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ); (ii) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ); and (iii) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ). (B) Notification (i) In general Not later than 270 days after the date of the enactment of this Act, the BSNC shall submit to the Secretary of the Interior a map that indicates the areas of tract 5 over which the Secretary of the Interior shall continue to retain the authority to enforce the Acts listed in subparagraph (A). (ii) Enforcement after notification On receipt of the map described in clause (i)— (I) the Secretary of the Interior shall cease enforcing any of the Acts listed in subparagraph (A) on land located in tract 5 but outside of the areas described in subparagraph (B)(i); and (II) any future enforcement outside of the areas described in subparagraph (B)(i) shall be conducted in accordance with the Acts listed in subparagraph (A). (d) Conditions precedent to conveyance (1) Bering straits native corporation Not later than 120 days after the date of enactment of this Act, with respect to any land leased under subsection (a)(2), (b) or conveyed under subsection (c) to BSNC, BSNC shall provide to the Secretary of the Interior, acting through the Alaska State Director of the Bureau of Land Management, a corporate resolution adopted by the Board of Directors of the BSNC— (A) accepting the conveyance of any portions of tract 1, 2, 3, 4, 5, or 6, as depicted on the Point Spencer Map, under this section; (B) agreeing that the conveyances made pursuant to this Act will be charged against the remaining entitlement of the BSNC under section 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ) for a total of 2,320 acres, including any portion of tract 1, 2, 3, 4, or 6, as depicted on the Map, irrespective of the date of conveyance; and (C) waiving the survey requirement of section 13 of the Alaska Native Claims Settlement Act (43 U.S.C. 1612), as to the land conveyed to the BSNC under subsection (c) or otherwise pursuant to this Act. (2) State Not later than 120 days after the date of the enactment of this Act and as a condition precedent to any land conveyed under this section, the Governor shall submit to the Secretary of the Interior, acting through the Alaska State Director of the Bureau of Land Management, a statement— (A) accepting the option for conveyance of tract 2 and tract 6 as depicted on the Map or choosing to lease tract 2 and tract 6 pursuant to subsection (b)(1) of this section; (B) relinquishing selection applications F–44467 and F–89393 as to those lands to be conveyed to BSNC acknowledging that such relinquishment shall become effective upon conveyance of any or all of tracts 1 through 6 irrespective of the dates of such conveyances; (C) agreeing that if the conveyance option to the State under subsection (b) is chosen, such conveyance will be charged against the remaining entitlement of the State under section 6(b) of the Act of July 7, 1958 (commonly known as the Alaska Statehood Act ( Public Law 85–508 ; 72 Stat. 339, as amended)), for a total of 180 acres; and (D) waiving the survey requirement of section 6(g) of that Act as to the land conveyed under subsection (b). (e) Administrative (1) In general On the dates on which the conveyances under this section are complete— (A) the portion of the Parcel conveyed to the BSNC shall be charged against the remaining entitlement of the BSNC under section 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ) and be considered a conveyance under that Act; and (B) the portion of the Parcel conveyed to the State shall be charged against the remaining entitlement of the State under section 6(b) of the Act of July 7, 1958 (commonly known as the Alaska Statehood Act ( Public Law 85–508 ; 72 Stat. 339, as amended)), and be considered a conveyance under that Act. (2) Clean-up and remediation To the extent cleanup and remediation of hazardous materials on any tract of the Point Spencer Parcel is required by law, and notwithstanding any other provision of law— (A) clean-up and remediation shall be performed in accordance with the State of Alaska Department of Environmental Conservation standards for land used for industrial purposes; and (B) notwithstanding subparagraph (A), any known contamination that does not pose any immediate or long-term health risk shall be routinely monitored through institutional controls. (3) Tidelands and submerged lands (A) Ownership of the tidelands and submerged lands adjacent to Point Spencer were presumptively conveyed to the State of Alaska as provided by the Submerged Lands Act of 1953, as amended, and made applicable to the State of Alaska under section 6(m) of the Alaska Statehood Act, 72 Stat. 343 (1958). (B) The Secretary is authorized to exercise the dominant Federal Navigational Servitude to install temporary or permanent structures at no cost in or on the tidelands and submerged lands of Point Spencer, including, but not limited to, mooring buoy sinkers, temporary or permanent piers, docks, or wharves. (C) Nothing in this Act alters the existing ownership by the State of tidelands and submerged lands under existing State of Alaska and Federal law. (4) Joint management plan (A) The Secretary, the State, and the BSNC shall develop a Joint Management Plan for the use and management of the lands retained, conveyed or leased under this Act. (B) The Joint Management Plan shall be updated annually for the first 5 years and biennially thereafter.
https://www.govinfo.gov/content/pkg/BILLS-113hr4668ih/xml/BILLS-113hr4668ih.xml
113-hr-4669
I 113th CONGRESS 2d Session H. R. 4669 IN THE HOUSE OF REPRESENTATIVES May 19, 2014 Mr. Royce (for himself and Ms. Duckworth ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To allow servicemembers to maintain their domicile for auto insurance purposes. 1. Short title This Act may be cited as the Servicemembers Insurance Relief Act of 2014 . 2. Findings and purpose (a) Findings The Congress finds the following: (1) When servicemembers move from one State to another they are required to go through a burdensome process of changing their auto insurance policies. (2) The Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) allows the men and women serving in the United States Armed Forces to keep a stable domicile with respect to auto licensing and fees even if they are forced to move temporarily in compliance with military orders. (3) The Federal Insurance Office of the U.S. Department of the Treasury, in its report of December 12, 2013, on how to modernize and improve the system of insurance regulation in the United States, found that an individual on active duty can transfer credit cards, checking accounts, and other financial services simply by submitting a change of address form. By contrast, an individual moving from one state to another may be required to obtain a new auto insurance policy on each transfer . Furthermore the report called on interested parties to identify a more accommodating approach for service members who have personal auto policies and are required to move across state lines . (4) Relief should be provided with respect to auto insurance policies for servicemembers and their families that are required to move in compliance with any temporary duty or permanent change of station order. (b) Purpose The purpose of this Act is to reduce the burdens and increase the protections involved in changing auto insurance policies for servicemembers and their families who are required to move in compliance with a temporary duty or permanent change of station order. 3. Maintenance of domicile for insurance purposes (a) In general A member of a household of a servicemember shall neither lose nor acquire a residence or domicile for purposes of insuring a motor vehicle used primarily for personal, family, or household use if— (1) in the case of a member of the household who is a servicemember, such servicemember has temporarily moved to comply with any temporary duty or permanent change of station order; or (2) in the case of any other member of the household, such member has temporarily moved to accompany a servicemember of such household who is complying with any temporary duty or permanent change of station order. (b) Notice (1) Requirement If a member of a household of a servicemember notifies an insurer of a motor vehicle of such member of a move referred to in subsection (a), such insurer shall provide such member with a servicemembers insurance choice notice under paragraph (2). (2) Servicemembers insurance choice notice The Director of the Federal Insurance Office of the Department of the Treasury shall promulgate, in compliance with the rulemaking requirements of subchapter II of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act)— (A) a standard servicemembers insurance choice notice that shall— (i) summarize clearly and in plain language the right of servicemembers and members of their households, in addition to options available under current law, to continue an existing auto insurance policy as allowed by the insurer with appropriate adjustments that relate only to location risk factors; (ii) include language notifying the servicemember that the insurer to whom the servicemember provided the notice of a move shall explain the coverage options available to the servicemember as a result of the move; and (iii) include standard language that requires no alterations or additions for an insurer providing the notice to be fully in compliance with paragraph (1); and (B) standards regarding methods for transmittal of such notice to a member of a household of a servicemember that are sufficient to comply with paragraph (1). (3) Safe harbor Paragraph (1) may not be construed to impose any duty on an insurer who is notified of a move referred to in subsection (a) to determine whether the person providing such notice is a servicemember. (c) Limitations Nothing in this section shall be construed to— (1) require a person to maintain an existing auto insurance policy; (2) allow an insurer to impose any penalties against a member of a household of a servicemember based solely on a decision to maintain or not maintain an existing auto insurance policy, as allowed by the insurer with appropriate adjustments that relate only to location risk factors; or (3) require an insurer to continue providing coverage to such a member. (d) Preemption The provisions of this Act shall supersede any and all State or local laws that conflict with this Act, including— (1) any State or local law that requires a member of a household of a servicemember to change the auto insurance policy of such member; (2) any State or local law that seeks to assert control over the regulation of such policy other than by the State in which the auto insurance policy was issued or renewed; and (3) any State or local law regarding proof of insurance that prohibits the electronic delivery of insurance documents. (e) Liability limits Notwithstanding subsection (d)(2), the minimum security requirements for motor vehicles of the State where a servicemember resides shall apply to an auto insurance policy of a member of such servicemember’s household. (f) Enforcement Authority to examine and enforce insurer compliance with the provisions of this Act shall be held by the State in which the auto insurance policy was issued or renewed. 4. Definitions In this Act: (a) Member of a household The term member of a household means, with respect to a servicemember— (1) the servicemember; (2) the spouse of the servicemember; or (3) any dependent residing with the servicemember or the spouse of the servicemember. (b) Motor vehicle The term motor vehicle has the meaning given the term in section 30102(a)(6) of title 49, United States Code. (c) Servicemember The term servicemember means a member of the uniformed services, as such term is defined in section 101(a) of title 10, United States Code, or of the National Guard or the reserve components thereof. (d) State The term State means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (e) Temporarily moved The term temporarily moved means, with respect to a person, that the person has moved from one State to another but has not decided to reside indefinitely in the State to which such person moved.
https://www.govinfo.gov/content/pkg/BILLS-113hr4669ih/xml/BILLS-113hr4669ih.xml
113-hr-4670
I 113th CONGRESS 2d Session H. R. 4670 IN THE HOUSE OF REPRESENTATIVES May 19, 2014 Mr. Issa (for himself and Mr. Farenthold ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 39, United States Code, to enhance the security and efficiency of nationwide mail and parcel delivery. 1. Short title This Act may be cited as the Secure Delivery for America Act of 2014 . 2. Delivery-point modernization (a) In general Subchapter VII of chapter 36 of title 39, United States Code, is amended by adding at the end the following: 3692. Delivery-point modernization (a) Definitions For the purposes of this section— (1) the term delivery point means a mailbox or other receptacle to which mail is delivered; (2) the term primary mode of mail delivery means the typical method by which the Postal Service delivers letter mail to the delivery point of a postal patron; (3) the term door delivery means a primary mode of mail delivery whereby mail is placed into a slot or receptacle at or near the postal patron’s door or is hand delivered to a postal patron, but does not include centralized, curbside, or sidewalk delivery; (4) the term centralized delivery means a primary mode of mail delivery whereby mail receptacles of a number of delivery points are grouped or clustered at a single location; (5) the term curbside delivery means a primary mode of mail delivery whereby a mail receptacle is situated at the edge of a sidewalk abutting a road or curb, at a road, or at a curb, and can be served by a letter carrier from a motorized vehicle; and (6) the term sidewalk delivery means a primary mode of mail delivery whereby a mail receptacle is situated at the edge of a sidewalk and can be served by a letter carrier from the sidewalk. (b) Policy It shall be the policy of the Postal Service— (1) to provide access to secure, convenient package delivery receptacles to the greatest number of postal patrons feasible; and (2) to use the most cost-effective primary mode of mail delivery feasible for postal patrons. (c) Phaseout of door delivery (1) New addresses For new addresses established after September 30, 2014, the Postal Service shall provide a primary mode of mail delivery other than door delivery, with a preference for secure, centralized delivery to the maximum extent feasible. (2) Business address conversion Subject to paragraph (4), the Postal Service shall implement a program to convert existing business addresses with door delivery to centralized delivery to the maximum extent feasible. (3) Residential address conversion (A) Identification Within 1 year after the date of the enactment of this section, each Postal Service district office shall identify residential addresses within its service area that are appropriate candidates for conversion from door delivery to centralized, curbside, or sidewalk delivery, in accordance with standards established by the Postal Service. (B) Voluntary conversion Subject to paragraph (4), the Postal Service shall seek to voluntarily convert the delivery points identified under subparagraph (A) from door delivery to more cost-effective primary modes of mail delivery. (C) Procedures In carrying out conversions under subparagraph (B), the Postal Service shall establish procedures— (i) to solicit, consider, and respond to input from postal patrons, State and local governments, local associations, and property owners; and (ii) to place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal patrons, and respect for private property rights. (4) Considerations In making any determination to convert the primary mode of mail delivery for an existing address from door delivery to any other primary mode of mail delivery, or to provide a primary mode of mail delivery to a new address, the Postal Service shall consider— (A) the impact of weather conditions, physical barriers, or any other factor that may impact the feasibility of providing a primary mode of mail delivery other than door delivery (such as a factor that may significantly reduce the potential cost savings associated with providing centralized or curbside delivery); (B) whether the address is in a registered historic district (as that term is defined in section 47(c)(3)(B) of the Internal Revenue Code of 1986), is listed on the National Register of Historic Places, is designated as a National Historic Landmark, or is of historic value; and (C) population density and the concentration of poverty. (5) Waiver for physical hardship The Postal Service shall establish and maintain a waiver program under which, upon application, door delivery may be continued, or provided, at no cost to the applicant in any case in which— (A) centralized or curbside delivery would, but for this paragraph, otherwise be the primary mode of mail delivery; and (B) door delivery is necessary in order to avoid causing significant physical hardship or physical safety risks to a postal patron. (d) Delivery modernization requirement (1) Delivery-point conversions During each fiscal year from fiscal year 2015 through fiscal year 2024, the Postal Service shall convert not less than 1,500,000 of the door delivery points extant on December 31, 2013, to centralized, curbside, or sidewalk delivery. (2) Conversion type In carrying out paragraph (1), the Postal Service shall, to the greatest extent feasible, convert delivery points to centralized delivery and include secure package lockers co-located with mail receptacles at the centralized delivery point. (3) Conversion order In determining which delivery points to convert under paragraph (1), the delivery point or points of postal patrons who voluntarily agree to convert their delivery point or points under subsection (c)(3) shall take precedence over any other conversions to the greatest extent practicable. (4) Procedures In carrying out conversions under paragraph (1), the Postal Service shall establish procedures to— (A) solicit, consider, and respond to input from the general public, postal patrons, State and local governments, local associations, and property owners which shall include, but not be limited to— (i) a public community meeting prior to the commencement of the conversion of a community; (ii) prior to the completion of the conversion of a community; and (iii) at any point in the process when the District Manager makes a change to the delivery method or the location of centralized delivery points; (B) calculate and make publicly accessible the cost or savings of the conversion to the Postal Service as well as the average conversion cost or savings to each postal patron and any cost or savings to the State and local government; and (C) place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal patrons, and respect for private property rights. (5) Notification In carrying out conversions under paragraph (1), the Postal Service shall provide written notice at least 60 days in advance of the implementation date of a change in primary mode of mail delivery to postal customers served by an applicable delivery point. (6) Voucher program The Postal Service shall, in accordance with such standards and procedures as the Postal Service shall by regulation prescribe, provide for a voucher program under which, upon application, the Postal Service may defray all or any portion of the costs associated with conversion from door delivery under this section which would otherwise be borne by postal patrons. (7) Legacy door-delivery service (A) In general The Postal Service may continue to provide, for a fee to be paid by the addressee, door delivery to an address that received door delivery as of January 1, 2014, but was converted or scheduled to be converted to a different primary mode of mail delivery as a result of the requirements of paragraph (1), subject to succeeding provisions of this paragraph. (B) Offset The fee described in subparagraph (A) shall, when taken in the nationwide aggregate, offset the additional cost to the Postal Service for door delivery (compared to the cost of the primary mode of mail delivery which would otherwise exist for such address) as a result of the requirements of subsection (d). (C) Requirements The fee shall be subject to the requirements of section 3622(d)(1)(B) and the Postmaster General may by regulation prescribe the method of the fee’s calculation. (D) Qualifications Postal patrons may only qualify for the option of legacy door-delivery service if— (i) the postal patron received mail at the applicable address on the date on which— (I) the Postal Service provided written notice of its intent to convert a delivery point in compliance with paragraph (5); or (II) the primary mode of mail delivery was changed pursuant to the requirements of paragraph (1); (ii) the postal patron registered and paid the initial fee for such service not later than 6 months after the date on which the primary mode of mail delivery was changed for the applicable address; and (iii) the provision of legacy door-delivery service has been continuous at the applicable address since its commencement. (8) Treatment of exemption Addresses receiving door delivery or legacy door delivery as a result of subsection (c)(5) or paragraph (7)— (A) shall be counted as addresses that receive the primary mode of mail delivery which the address would be subject to if not for the applicable exemption; and (B) shall, within 60 days after ceasing to meet the requirements of such subsection (c)(5) or paragraph (7), as applicable, be converted to the primary mode of mail delivery which was otherwise applicable. (9) Annual report Not later than 60 days after the end of each of fiscal years 2015 through 2024, the Postal Service shall submit to Congress and the Inspector General of the Postal Service a report on the implementation of this section during the most recently completed fiscal year. Each such report shall include— (A) the number of residential and business addresses that— (i) receive door delivery as of the end of the fiscal year preceding the most recently completed fiscal year; (ii) receive door delivery as of the end of the most recently completed fiscal year; and (iii) during the most recently completed fiscal year, were converted from door delivery to— (I) centralized delivery points; (II) curbside delivery points; and (III) any other primary mode of mail delivery, respectively; (B) the estimated cost savings from the conversions described in subparagraph (A)(iii); (C) a description of the progress made by the Postal Service toward meeting the requirements of subsection (c) and paragraph (1) of this subsection; and (D) any other information which the Postal Service considers appropriate. (10) Inspector General audit The Inspector General of the Postal Service shall issue an annual audit report on the implementation of the conversion requirement under paragraph (1) not later than 90 days after the date on which the Postal Service releases its annual report under paragraph (9). At a minimum, the report under this paragraph shall contain— (A) an audit of the data contained in the Postal Service’s report under paragraph (9); and (B) an evaluation of the Postal Service’s implementation of the procedural requirements described in paragraph (4). (e) Review Subchapters IV and V shall not apply with respect to any action taken by the Postal Service under this section. . (b) Clerical amendment The table of sections for chapter 36 of title 39, United States Code, is amended by adding after the item relating to section 3691 the following: 3692. Delivery-point modernization. . (c) Updated delivery cost data (1) Study Not later than 180 days after the date of the enactment of this Act, the Postal Service shall begin to collect data on delivery mode costs and the potential savings of converting to more cost-efficient primary modes of mail delivery. (2) Report Not later than October 1, 2015, the Postal Service shall submit a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate describing the findings of the study conducted under paragraph (1).
https://www.govinfo.gov/content/pkg/BILLS-113hr4670ih/xml/BILLS-113hr4670ih.xml
113-hr-4671
I 113th CONGRESS 2d Session H. R. 4671 IN THE HOUSE OF REPRESENTATIVES May 19, 2014 Mr. Issa introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To extend the Public Interest Declassification Act of 2000. 1. Short title This Act may be cited as the Public Interest Declassification Board Reauthorization Act of 2014 . 2. Extension Section 710(b) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 ; 50 U.S.C. 3161 note) is amended by striking 2014. and inserting 2015. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4671ih/xml/BILLS-113hr4671ih.xml
113-hr-4672
I 113th CONGRESS 2d Session H. R. 4672 IN THE HOUSE OF REPRESENTATIVES May 19, 2014 Ms. Linda T. Sánchez of California (for herself and Mr. Lamborn ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Credit Reporting Act to provide protections for active duty military consumers, and for other purposes. 1. Notice of status as an active duty military consumer The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended— (1) in section 605, by adding at the end the following: (i) Notice of status as an active duty military consumer With respect to an item of adverse information about a consumer, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an active duty military consumer at the time such action or inaction occurred, and any consumer report provided by the consumer reporting agency that includes such item of information shall clearly and conspicuously disclose that the consumer was an active duty military consumer when the action or inaction that gave rise to the item occurred. ; (2) in section 605A(c)— (A) by striking Upon and inserting the following: (1) In general Upon ; (B) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and moving such redesignated subparagraphs 2 ems to the right; and (C) by adding at the end the following: (2) Negative information alert Any time a consumer reporting agency receives an item of adverse information about a consumer, if the consumer has provided appropriate proof that the consumer is an active duty military consumer, the consumer reporting agency shall promptly notify the consumer— (A) that the agency has received such item of adverse information, along with a description of the item; and (B) the method by which the consumer can dispute the validity of the item. (3) Contact information for active duty military consumers With respect to any consumer that has provided appropriate proof to a consumer reporting agency that the consumer is an active duty military consumer, if the consumer provides the consumer reporting agency with separate contact information to be used when communicating with the consumer while the consumer is an active duty military consumer, the consumer reporting agency shall use such contact information for all communications while the consumer is an active duty military consumer. (4) Sense of Congress It is the sense of Congress that any person making use of a consumer report containing an item of adverse information should, if the action or inaction that gave rise to the item occurred while the consumer was an active duty military consumer, take such fact into account when evaluating the creditworthiness of the consumer. ; and (3) in section 611(a)(1), by adding at the end the following: (D) Notice of dispute related to active duty military consumers With respect to any item of information described under subparagraph (A) that is under dispute, if the consumer has notified the consumer reporting agency, and provided appropriate proof, that the consumer was an active duty military consumer at the time the action or inaction that gave rise to the disputed item occurred, the consumer reporting agency shall include such fact in the consumer’s file and shall indicate that fact in each consumer report that includes the disputed item. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4672ih/xml/BILLS-113hr4672ih.xml
113-hr-4673
I 113th CONGRESS 2d Session H. R. 4673 IN THE HOUSE OF REPRESENTATIVES May 19, 2014 Mr. McKinley (for himself and Mr. Price of Georgia ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide bundled payments for post-acute care services under parts A and B of Medicare, and for other purposes. 1. Short title This Act may be cited as the Bundling and Coordinating Post-Acute Care Act of 2014 and as the BACPAC Act of 2014 . 2. Purposes The purposes of this Act are to— (1) foster the delivery of high-quality post-acute care services in the most cost-effective manner possible; (2) preserve the ability of patients, with the guidance of their physicians, to select their preferred providers of post-acute care services; (3) promote competition among post-acute care providers on the basis of quality, cost, accountability, and customer service; (4) achieve long-term sustainability by ensuring operational stability through regional breadth and the engagement of experienced care PAC coordinators; (5) advance innovation in fields including telehealth, care coordination, medication management, and hospitalization avoidance; and (6) provide for the financial security of the Medicare program by achieving substantial program savings through maximized efficiencies, cost avoidance, and outcomes improvement. 3. Providing bundled payments for post-acute care services under parts A and B of Medicare Title XVIII of the Social Security Act is amended by inserting after section 1866E (42 U.S.C. 1395cc–5) the following new section: 1866F. Providing bundled payments for post-acute care services (a) In general For a PAC bundle with respect to qualifying discharges occurring on or after January 1, 2016, instead of the payment otherwise provided under parts A and B, there shall be paid a single payment amount (determined under subsection (d) and as limited under paragraph (4) of such subsection) to be paid to a PAC coordinator (as described in subsection (c)) selected by an individual under such subsection. (b) PAC-Related definitions In this section: (1) PAC bundle The term PAC bundle means PAC services furnished to an individual during a PAC period in a PAC area. (2) PAC services (A) In general The term PAC services includes— (i) post-hospital extended care services, subject to subparagraph (C)(i); (ii) home health services, subject to subparagraph (C)(ii); (iii) inpatient services provided in a rehabilitation facility, subject to subparagraph (C)(iii); (iv) inpatient hospital services provided by a long-term care hospital, subject to subparagraph (C)(iv); (v) durable medical equipment; (vi) outpatient prescription drugs and biologicals; and (vii) skilled nursing facility services. (B) Exceptions Such term does not include— (i) physicians’ services; (ii) hospice care; (iii) outpatient hospital services; (iv) ambulance services; (v) outpatient physical therapy services; (vi) outpatient occupational therapy services; (vii) outpatient speech-language pathology services; and (viii) the items and services described in section 1861(s)(9). (C) Nonapplication of certain coverage limitations (i) Waiver of skilled nursing facility three-day stay requirement In applying subparagraph (A)(i), the 3-day stay requirement described in section 1861(i) (requiring that an individual’s inpatient stay in a discharging hospital be for a duration of not less than 3 consecutive days) shall not apply. (ii) Waiver of homebound requirement for home health services In applying subparagraph (A)(ii), the requirements cited in sections 1814(a)(2)(C) and 1835(a)(2)(A) that home health services are or were required because the individual is or was confined to the home of the individual shall not apply. (iii) Nonapplication of rehabilitation facility percentage requirement In applying subparagraph (A)(iii), any requirement that a specified percentage of the inpatient population served by the facility require intensive rehabilitation services for treatment of one or more of the conditions specified in section 412.29(b)(2) of title 42, Code of Federal Regulations, as of December 19, 2013, shall not apply. (iv) Nonapplication of long-term care hospital percentage requirement In applying subparagraph (A)(iv), any requirement that a specified percentage of the discharged Medicare inpatient population of the long-term care hospital or its satellite facility be admitted to the hospital or its satellite facility from its co-located hospital shall not apply. (3) PAC period The term PAC period means the period beginning on the date of a qualifying discharge (as defined in paragraph (10)) and ending on the date that is the earlier of the following: (A) The date that is 90 days after the date of such discharge. (B) The date on which the individual is admitted to a hospital for purposes of receiving services for a condition that is not related to the condition for which the individual received the acute care inpatient hospital services described in paragraph (10)(A). (4) PAC area The term PAC area means an area with respect to which a PAC coordinator has a PAC agreement in effect under subsection (c)(1)(B). (5) PAC physician The term PAC physician means, with respect to an individual receiving a PAC bundle, the physician who has primary responsibility with respect to supervising the delivery of services during the course of a PAC period. (6) PAC provider The term PAC provider means, with respect to PAC services, the provider of services or supplier furnishing such services. (7) PAC network agreement The term PAC network agreement means, in the case that an individual has selected a PAC coordinator under subsection (c)(4)(A) for the furnishing of PAC services, an agreement of a PAC coordinator with one or more PAC providers to provide such services to such individual. (8) PAC readmission The term PAC readmission means, with respect to an individual receiving a PAC bundle, the individual's admission to a hospital within 90 days of the date of the qualifying discharge of the individual, for purposes of receiving services for a condition that is related to the condition for which the individual received the acute care inpatient hospital services described in paragraph (10)(A). (9) PAC assessment tool The term PAC assessment tool means the Continuity Assessment Record and Evaluation (CARE) tool (or such equivalent assessment tool as the Secretary may specify). (10) Qualifying discharge Subject to subsection (e), the term qualifying discharge means a discharge after receiving acute care inpatient hospital services (as defined by the Secretary) in a subsection (d) hospital (as defined in section 1886(d)(1)(B)) for which the discharge plan includes the furnishing of PAC services. (11) CRG The term CRG means a condition-related group established under subsection (d)(1). (c) PAC coordinators (1) In general In this section, the term PAC coordinator means an entity (such as a hospital, health insurance issuer, third-party benefit manager, or PAC provider) that— (A) is certified, under a process established by the Secretary, as meeting appropriate requirements specified by the Secretary, including the requirements specified in paragraph (2); and (B) has entered into and has in effect a PAC agreement with the Secretary described in paragraph (3). (2) Requirements The requirements specified in this paragraph, with respect to an entity serving a PAC area, are the following: (A) Financial solvency The entity has the capacity, and provides sufficient assurances of solvency, to bear financial risk as a PAC coordinator under this section. (B) Capacity to manage care and funding The entity has the capability to manage the care and funding for PAC services in such area. (C) PAC network agreements (i) Network capacity to serve PAC area The entity has entered into PAC network agreements with one or more PAC providers in a PAC area in a manner sufficient to ensure the availability of PAC services for individuals residing in the area who select the entity for the furnishing of PAC services. (ii) Limitation on balance billing Such a PAC network agreement shall provide that the PAC provider shall accept as payment in full for PAC services furnished by such PAC provider the applicable amount described in paragraph (3)(C). (iii) Quality assurance Such a PAC network agreement shall provide that the PAC provider shall have in effect a written plan of quality assurance and improvement, and procedures implementing such plan, that meet such quality standards as the Secretary may specify. (D) Credit-worthiness The entity has demonstrated credit-worthiness. (E) Medical director The entity employs or contracts with a medical director who has an appropriate medical background. (3) Terms of PAC agreement The PAC agreement described in this paragraph between an entity and the Secretary shall, with respect to the PAC area specified under subparagraph (B), have such terms and conditions as are specified by the Secretary consistent with this section and shall include the following: (A) Care coordination With respect to an individual who selects the entity under paragraph (4)(A)— (i) the entity shall select one or more PAC providers in such area to furnish, directly or indirectly, clinically appropriate PAC services (as determined through the use of the PAC assessment tool) to the individual; and (ii) the entity shall coordinate the furnishing of all such services for the individual. (B) PAC area covered The PAC agreement shall specify the PAC area under the PAC agreement. (C) Payment amount for PAC services For PAC services furnished by a PAC provider and furnished with respect to a qualifying discharge that occurs— (i) before January 1, 2019, the entity shall pay the PAC provider under the PAC network agreement between the entity and the PAC provider— (I) with respect to such PAC services that are services for which the PAC provider would receive payment under this title without regard to this section, an amount that is not less than the amount that would otherwise be paid to such PAC provider under this title for such services; and (II) with respect to such PAC services that are services for which the PAC provider would not receive payment under this title without regard to this section, an amount specified under such PAC network agreement; and (ii) on or after January 1, 2019, the entity shall pay the PAC provider under such PAC network agreement an amount specified under such agreement. (D) Distribution of savings Insofar as the payment amount to a PAC coordinator under subsection (d)(3) for a PAC bundle furnished to an individual is greater than the aggregate amounts paid to PAC providers under subparagraph (C) for such bundle for such individual, the entity shall not retain an amount greater than 70 percent of such savings and shall pay an amount equivalent to— (i) not less than 10 percent of such savings to such PAC providers; (ii) not less than 10 percent of such savings to the PAC physician of the individual; and (iii) in the case that there is no PAC readmission of the individual, not less than 10 percent of such savings to the hospital discharging the individual immediately prior to the furnishing of such services. Payments shall be made under each of clauses (i), (ii), and (iii) to individuals and entities independent of whether payment may be made to such an individual or entity under another such clause. (E) Maintenance of advisory committee The entity shall maintain an advisory committee of PAC providers and of patient stakeholders to advise the entity regarding its activities under this section. (4) Selection and change of selection of PAC coordinators by individual (A) In general The Secretary shall establish a process for the selection and change of selection of a PAC coordinator by an individual who is receiving inpatient hospital services and whose discharge has been or is likely to be classified as a qualifying discharge. (B) Limitation on selection due to network adequacy The process established under subparagraph (A) may not allow an individual to select (or to change a selection to) a PAC coordinator in a PAC area unless the PAC coordinator has entered into PAC network agreements with such PAC providers in such PAC area such that the PAC coordinator has a sufficient number and range of health care professionals and providers willing to provide services under the terms of the PAC agreement. (5) Construction relating to PAC coordinators offering non-PAC services Nothing in this section shall be construed as prohibiting PAC providers from offering, either directly or indirectly, services that contribute to patient care, safety, and readmission avoidance (such as medication management, telehealth technologies, home environment services, and transportation services) that are not PAC services. (6) Construction regarding flexibility in the delivery of PAC services Nothing in this section shall be construed to prevent a PAC network agreement from permitting a PAC provider to subcontract for the furnishing of PAC services that the PAC provider is otherwise obligated to provide under the agreement so long as the subcontractor meets the same terms and conditions in furnishing such services as would apply if the PAC provider were to provide such services. (d) Payment amounts (1) Classification of conditions by CRGs; methodology for classification The Secretary shall establish a classification of the conditions of individuals receiving a PAC bundle by CRG and a methodology for classifying specific PAC bundles within these groups. The methodology shall, to the extent feasible, classify such bundles through the use of the PAC assessment tool. (2) Computation of base rate (A) In general The Secretary shall compute an average payment rate for PAC bundles classified in each CRG and furnished during a PAC period ending in the base year selected under subparagraph (B). (B) Base year selection The Secretary shall select as a base year the most recent year ending before the date of the enactment of this section for which data are available to carry out this section. (C) Budget-neutral computation The average payment rate for a PAC bundle classified in a CRG shall be computed in a manner so that, if it had been applied in the base year, the aggregate payments for PAC bundles classified in such CRG and furnished during a PAC period ending in such year would be equivalent to the aggregate payments under this title for such bundles. (3) Calculation of payment amount based on base rate Subject to the succeeding provisions of this subsection, the amount of the single payment described in this paragraph, with respect to a PAC bundle classified within a CRG and furnished to an individual during a PAC period ending— (A) in 2016, is the base average payment rate for such bundle computed under paragraph (2), increased by such percentage as the Secretary estimates is the average rate of increase in payments under this title for such bundle between the base year and 2016; and (B) in a subsequent year, is the amount of the single payment for such bundle computed under this paragraph for the previous year, increased by a percentage specified by the Secretary consistent with paragraph (4). (4) Calculation of annual percentage increase In calculating the percentage increases applied under paragraph (3)(B), the Secretary shall ensure that total expenditures for all PAC bundles provided in accordance with this section do not exceed 96 percent of the applicable baseline over the 8-fiscal-year period beginning with fiscal year 2016. (5) Adjustment for readmissions during PAC period The amount paid to a PAC coordinator under this subsection for a PAC bundle in a PAC period that includes a PAC readmission shall be reduced by an amount equal to the aggregate amount of payments made for such PAC readmission of such individual. (6) Adjustment for geographic and risk factors The Secretary shall adjust the amount of payment described in paragraph (3) with respect to services furnished to an individual in a PAC area in a budget-neutral manner for a year— (A) by an appropriate factor that reflects variations in costs for the furnishing of PAC bundles among different geographic areas; (B) by an appropriate factor that accounts for variations in costs for the furnishing of such PAC services to the individual based upon the health status of the individual; and (C) by an amount that accounts for historical local (hospital referral cluster) pricing. (7) Adjustment in case of change of selection by individual In the case of a change of selection of PAC coordinator by the individual under subsection (c)(4) during a PAC period, the Secretary shall adjust the amount of payment described in paragraph (3) in order to provide appropriate partial payments to be paid to the PAC coordinator selected initially by the individual and to the PAC coordinator selected under the change of selection by the individual. The method of calculating the respective amounts of such appropriate partial payments shall be based on the method used for the Home Health Partial Episode Payment adjustment. (8) Use of PAC assessment tool for purposes of adjustment for risk factors In determining an appropriate factor under paragraph (6)(B) with respect to an individual, the Secretary shall take into account an assessment of the individual conducted using the PAC assessment tool. (e) Phase-In (1) Determination of PAC expenditures by CRG Based on the most recent data available, the Secretary shall determine the aggregate amount of expenditures under this title for PAC services furnished during the PAC period for each CRG (as defined in paragraph (b)(11)). (2) Ranking of CRGs by volume of expenditure The Secretary shall rank the CRGs in order based on the aggregate amount of expenditures for PAC services described in clause (i) for each CRG. (3) Grouping of CRGs The Secretary shall group CRGs into four groups as follows: (A) First group The first group consists of the CRGs that have the highest rank under clause (ii) and that collectively account for 25 percent of the aggregate amount of expenditures for PAC services described in clause (i). (B) Second group The second group consists of the CRGs that have the next highest rank under clause (ii) after the first group in subclause (I) and that collectively account for 25 percent of the aggregate amount of expenditures for PAC services described in clause (i). (C) Third group The third group consists of the CRGs that have the next highest rank under clause (ii) after the second group in subclause (II) and that collectively account for 25 percent of the aggregate amount of expenditures for PAC services described in clause (i). (D) Fourth group The fourth group consists of the CRGs that are not included in the first, second, or third group under this clause. (4) Phase-in by CRG grouping In applying this section for discharges in— (A) 2016, only discharges that are classified within the first group under subclause (I) of clause (iii) shall be included; (B) 2017, only discharges that are classified within the first or second group under subclause (I) or (II) of clause (iii) shall be included; (C) 2018, only discharges that are classified within the first, second, or third group under subclause (I), (II), or (III) of clause (iii) shall be included; and (D) 2019 and subsequent years, discharges that are classified within any group of CRGs shall be included. . 4. Transitional care management payments for physicians For purposes of encouraging transitional care management by PAC physicians (as defined in section 1866F(b)(5) of the Social Security Act), in carrying out section 1848(e) of the Social Security Act ( 42 U.S.C. 1395w–4(e) ), the Secretary of Health and Human Services shall establish a new Transitional Care Management (TCM) code to pay for care management by such a PAC physician or revise and expand the use of existing TCM codes 99495 and 99494.
https://www.govinfo.gov/content/pkg/BILLS-113hr4673ih/xml/BILLS-113hr4673ih.xml
113-hr-4674
I 113th CONGRESS 2d Session H. R. 4674 IN THE HOUSE OF REPRESENTATIVES May 19, 2014 Ms. Brownley of California (for herself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the specially adapted housing assistance program for individuals with terminal illnesses, and for other purposes. 1. Short title This Act may be cited as the Guarantee Housing for Terminally Ill Veterans Act . 2. Specially adapted housing assistance for individuals with terminal illnesses (a) Individuals with terminal illnesses Chapter 21 of title 38, United States Code, is amended by adding at the end the following new section: 2110. Specially adapted housing assistance for individuals with terminal illnesses (a) Priority In providing assistance under this chapter (not including section 2108), the Secretary shall give priority to an individual who is— (1) eligible for such assistance; and (2) diagnosed with a terminal illness. (b) Reimbursement (1) If a veteran diagnosed with a terminal illness is eligible for assistance under subsection (a) or (b) of section 2101 of this title or section 2102A and applies for, and has not yet received, such assistance, the Secretary shall reimburse the veteran for costs relating to specially adapted housing if— (A) such costs are for acquisitions or adaptions that the veteran is eligible for under such assistance; (B) the veteran paid such costs after applying for such assistance; and (C) such reimbursement does not exceed the amount of such assistance for which the veteran is eligible, in accordance with section 2102. (2) A reimbursement by the Secretary under paragraph (1) shall be treated as a grant for assistance under this chapter. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2109 the following: 2110. Specially adapted housing assistance for individuals with terminal illnesses. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4674ih/xml/BILLS-113hr4674ih.xml
113-hr-4675
I 113th CONGRESS 2d Session H. R. 4675 IN THE HOUSE OF REPRESENTATIVES May 19, 2014 Mr. Israel (for himself, Ms. Norton , Mr. Tonko , Mr. Rangel , Mr. Pascrell , Ms. Shea-Porter , Mrs. McCarthy of New York , Ms. Roybal-Allard , Mr. Langevin , Mr. Carson of Indiana , Mr. Cleaver , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require institutions of higher education to notify students whether student housing facilities are equipped with automatic fire sprinkler systems. 1. Short title This Act may be cited as the Kerry Rose Fire Sprinkler Notification Act . 2. Fire safety report Section 485(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(i) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by inserting automatic before fire sprinkler ; (B) by striking and at the end of subparagraph (D); (C) by striking the period at the end of subparagraph (E) and inserting a semicolon; and (D) by adding at the end the following: (F) the number and percentage of beds at student housing facilities not protected by an automatic fire sprinkler system in the bedroom; and (G) the number and percentage of beds at student housing facilities protected by an automatic fire sprinkler system in the bedroom. ; (2) in paragraph (4)— (A) in subparagraph (A), by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A), the following: (B) make available to the public statistics on the number and percentage, in the aggregate and disaggregated by each State, of— (i) student housing facilities at eligible institutions with less than 100 percent of beds protected by an automatic fire sprinkler system in the bedroom; (ii) student housing facilities at eligible institutions with less than 50 percent of beds protected by an automatic fire sprinkler system in the bedroom; (iii) beds at student housing facilities at eligible institutions protected by an automatic fire sprinkler system in the bedroom; and (iv) beds at student housing facilities at eligible institutions not protected by an automatic fire sprinkler system in the bedroom; and ; and (3) by adding at the end the following: (8) Definition For purposes of this subsection: (A) Student housing facility The term student housing facility includes facilities that are campus facilities and facilities that are noncampus buildings or properties. (B) Campus and noncampus building or property The terms campus and noncampus building or property have the meanings given the terms in section 668.46(a) of title 34, Code of Federal Regulations (or a successor regulation). . 3. Fire safety Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) In the case of an institution that maintains student housing facilities (as defined in section 485(i)(8)), the institution will— (A) include in all materials (including electronic materials) relating to such facilities, information that describes whether such facilities are equipped with a student housing facility fire safety system, which includes an automatic fire sprinkler system in each bedroom; (B) notify each student selecting such a facility during a student housing facility selection process, in writing and during such selection process, whether the facility is equipped with a student housing facility fire safety system, which includes an automatic fire sprinkler system in each bedroom; and (C) notify each student who plans to live in such a facility, in writing and on the date that the student moves into the facility, whether the facility is equipped with a student housing facility fire safety system, which includes an automatic fire sprinkler system in each bedroom, and how such system is described in subparagraph (B) of section 485(i)(1) for purposes of the fire safety report required under such section. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4675ih/xml/BILLS-113hr4675ih.xml
113-hr-4676
I 113th CONGRESS 2d Session H. R. 4676 IN THE HOUSE OF REPRESENTATIVES May 19, 2014 Mr. McDermott 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 titles XVIII and XIX of the Social Security Act to apply the Medicare restriction on self-referral to State plan requirements under Medicaid, and for other purposes. 1. Short title This Act may be cited as the Medicaid Physician Self-Referral Act of 2014 . 2. Adjustments to restriction on self-referral under Medicaid (a) Repeal of restriction on receipt of Federal funds in the case of self-Referral Subsection (s) of section 1903 of the Social Security Act ( 42 U.S.C. 1396b(s) ) is repealed. (b) Requirement of restriction on self-Referral in State plan requirements Section 1902 of such Act ( 42 U.S.C. 1396a ) is amended— (1) in subsection (a)— (A) in paragraph (80) by striking and at the end; (B) in paragraph (81) by striking the period at the end and inserting ; and ; (C) by inserting after paragraph (81) the following: (82) provide that no payment may be made under the State plan for a Medicaid designated health service furnished to an individual on the basis of a referral by a physician if the physician (or an immediate family member of the physician) has an ownership or investment interest or a compensation arrangement (as defined in section 1877) with the entity furnishing the Medicaid designated health service that would not comply with section 1877 if the referral were for an item or service otherwise payable under title XVIII. ; and (D) by inserting after the matter immediately following paragraph (82) the following: For purposes of paragraph (82), subsections (f) and (g) of section 1877 shall apply to a provider of a Medicaid designated health service in a similar manner as such subsections apply to a provider of an item or service for which payment may be made under title XVIII. ; and (2) by adding at the end the following new subsection: (ll) Definition of Medicaid designated health service For purposes of subsection (a) the term Medicaid designated health service means an item or service listed in subsection (h)(6) of section 1877 as covered by a State plan and any other service a State may choose to add for purposes of subsection (a)(82). . (c) Application of False Claims Act to violations of self-Referral Section 1877(g) of such Act ( 42 U.S.C. 1395nn(g) ) is amended by adding at the end the following: (7) False Claims Act A claim that includes an item or service resulting from a violation of this section constitutes a false or fraudulent claim for purposes of sections 3729–3733 of title 31, United States Code. . (d) Exceptions for violations of self-Referral limited to Medicaid Section 1877(h) of such Act ( 42 U.S.C. 1395nn(h) ) is amended by adding at the end the following: (8) Medicaid self-Referral limitations Any authority of the Secretary to issue regulations under this section shall include the authority to issue regulations limited to the application of self-referral limitations to State plan requirements, as described under section 1902(a)(82) of this Act ( 42 U.S.C. 1396a(a)(82) ). . (e) Medicaid self-Referral disclosure protocol The Secretary of Health and Human Services shall establish a protocol consistent with the requirements of the Medicare self-referral disclosure protocol required under section 6409 of the Patient Protection and Affordable Care Act (42 U.S.C. 1395nn note) that enables health care providers to disclose an actual or potential violation of section 1877 of the Social Security Act ( 42 U.S.C. 1395nn ) as applied to title XIX of such Act, pursuant to section 1902(a)(82) of such Act ( 42 U.S.C. 1396a(a)(82) ). 3. Effective date (1) In general Subject to paragraph (2), the amendments made by this Act shall apply to items and services furnished after the first day of the first calendar year that begins after date of enactment of this Act. (2) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this Act, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.
https://www.govinfo.gov/content/pkg/BILLS-113hr4676ih/xml/BILLS-113hr4676ih.xml
113-hr-4677
I 113th CONGRESS 2d Session H. R. 4677 IN THE HOUSE OF REPRESENTATIVES May 19, 2014 Mr. Reed (for himself, Mr. Scalise , Ms. Jenkins , Mrs. Black , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Patient Protection and Affordable Care Act to require States with failed American Health Benefit Exchanges to reimburse the Federal Government for amounts provided under grants for the establishment and operation of such Exchanges. 1. Short title This Act may be cited as the State Exchange Accountability Act . 2. Reimbursing the Federal Government for failed State Exchange grants Section 1311(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(a) ) is amended by adding at the end the following: (6) Reimbursement in the case of failed Exchanges (A) In general In the case of a State that has received one or more establishment or early innovator grants under this subsection and which operated a State-based Exchange in program year 2014, if such State subsequently elects to provide solely for the enrollment of its residents in qualified health plans through the Federally Facilitated Exchange, such State shall reimburse the Federal Government for the aggregate amounts provided to the State under such grant or grants. (B) Reimbursement agreements Reimbursement shall be provided to the Federal Government by a State under this paragraph pursuant to the terms of an agreement entered into by the State and the Department of Health and Human Services that, at a minimum, shall require that— (i) such reimbursement be made, in full, within the 10-year period beginning on the date on which the State makes the election described in paragraph (1); and (ii) that the State make an annual payment in an amount equal to 10 percent of the total amount provided to the State under the grant or grants awarded to the State under this subsection. (C) No reduction in amount The Federal Government shall not reduce the amount of the reimbursement required to be provided by a State under this paragraph. (D) Failure to enter into agreement In the case of a State described in subparagraph (A) that fails to enter into an agreement under subparagraph (B), the Secretary shall reduce the amount to be paid to the State under title XIX of the Social Security Act for each of the 10 fiscal years beginning with the first fiscal year that begins after the date of the election described in subparagraph (A) by the State. The amount of each such reduction shall be uniform and shall in the aggregate equal the total amount of the reimbursement required under this paragraph. (E) Deficit reduction Amounts paid by a State under this section shall be placed in the General Fund of the Treasury to be used for deficit reduction. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4677ih/xml/BILLS-113hr4677ih.xml
113-hr-4678
I 113th CONGRESS 2d Session H. R. 4678 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Renacci (for himself, Mr. Carney , Mr. Owens , Mr. Kelly of Pennsylvania , Mr. Joyce , Mr. Campbell , Mr. Bucshon , Mr. Webster of Florida , Mr. Ribble , Mr. Kilmer , Mr. Cooper , Mr. Conaway , Mr. Stivers , Mr. Delaney , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 the Federal Accounting Standards Advisory Board as an independent establishment to develop Federal financial accounting concepts and standards and provide guidance to users of Federal financial information, and for other purposes. 1. Short title This Act may be cited as the Federal Financial Statement Transparency Act of 2014 . 2. Federal Accounting Standards Advisory Board There is established in the executive branch of the Government an independent establishment to be known as the Federal Accounting Standards Advisory Board (in this Act referred to as the Board ). 3. Membership (a) Number and appointment The Board shall be composed of 10 members appointed as follows: (1) One member shall be an employee of the Government Accountability Office, appointed by the Comptroller General of the United States (in this Act referred to as the Comptroller General ). (2) One member shall be an employee of the Office of Management and Budget, appointed by the Director of the Office of Management and Budget (in this Act referred to as the Director ). (3) One member shall be an employee of the Department of the Treasury, appointed by the Secretary of the Treasury (in this Act referred to as the Secretary ), who may not participate in any votes held pursuant to section 4(c)(1). (4) Seven members shall be appointed from the general financial community, the accounting and auditing community, or academia by an appointment panel consistent with the requirements of subsection (d). (b) Requirements for non-Federal members Members appointed pursuant to subsection (a)(4) may not be selected from among Federal employees. (c) Terms (1) Federal members A member appointed pursuant to paragraph (1), (2), or (3) of subsection (a) shall serve on the Board at the discretion of the head of each agency that appoints such a member. (2) Non-Federal members Members appointed pursuant to subsection (a)(4) shall serve for a term not to exceed 5 years and that, upon approval of an appointment panel described in subsection (d), may be renewed for an additional term not to exceed 5 years. (d) Appointment panel (1) Initial appointment panel membership Upon appointment, the member appointed by the Comptroller General pursuant to subsection (a)(1) shall convene an appointment panel consisting of not more than 6 individuals as follows: (A) The member appointed by the Comptroller General pursuant to subsection (a)(1), who shall serve as chair of the initial appointment panel. (B) The members appointed by the Director and the Secretary, respectively, pursuant to paragraphs (2) and (3) of subsection (a). (C) One representative from the Financial Accounting Foundation (or a successor organization). (D) Two representatives from an organization that nationally represents the interests of the certified public accountant profession by— (i) serving as an advocate before legislative and regulatory entities, public interest organizations, and professional organizations; (ii) developing standards for audits of nonpublic entities and guidelines for services of certified public accountants; (iii) providing professional tools and training to certified public accountants; and (iv) monitoring and enforcing compliance with technical and ethical standards for certified public accountants. (2) Duties of appointment panel The appointment panel established under this subsection shall appoint members pursuant to subsection (a)(4) to serve on the Board. (3) Expiration The chair shall dissolve the appointment panel upon completion of the duties described in paragraph (2). (4) Selection of chair of subsequent appointment panel The Secretary, the Director, and the Comptroller General shall select one member appointed pursuant to subsection (a)(4) to serve as the chair of the Board and the chair of a subsequent appointment panel. (5) Subsequent appointment panel The chair selected pursuant to paragraph (4) shall convene an appointment panel before the expiration of the term of the Board members appointed pursuant to subsection (a)(4). 4. Duties; concepts and standards (a) Duties of FASAB The Board shall develop Federal financial accounting concepts or standards and give consideration to the budgetary information needs of executive agencies and the needs of users of Federal financial information. (b) Restriction on duties The Board may not set or propose budget concepts, standards, or principles. (c) Concepts and standards (1) FASAB vote The Board shall submit to the Director and the Comptroller General any Federal financial accounting concepts or standards developed under subsection (a) that receive a favorable vote by at least 2/3 of the Board members (except as provided in section 3(a)(3)). (2) OMB and GAO review (A) Automatic acceptance Except as provided in subparagraph (B), the concept or standard described in paragraph (1) shall be submitted to the Secretary at the end of the 90-day period beginning on the date the Director and the Comptroller General receive the concept or standard. (B) Process for rejection If the Director or the Comptroller General disapproves of the concept or standard described in paragraph (1), the Director or the Comptroller General shall, not later than 90 days after receiving such concept or standard, reject such concept or standard and submit such concept or standard to the Board for reconsideration. (C) Report for rejection Not later than 5 days after submitting the concept or standard to the Board for reconsideration, the Director or the Comptroller General shall submit to Congress and the organization described in section 3(d)(1)(D) a report, which shall be made available to the public, describing the rejected concept or standard and the basis for the rejection. (3) FASAB publication At the end of the period described in paragraph (2)(A), the Board shall publish the concept or standard submitted to the Secretary pursuant to such paragraph in the Federal Register. (4) Treasury review (A) In general Except as provided in subparagraph (B), if the Secretary decides not to adopt a concept or standard submitted pursuant to subsection (c)(2)(A), the Secretary shall submit, along with the annual report submitted pursuant to section 331(e)(1) of title 31, United States Code, a description of any rejected concept or standard and the basis for the rejection. (B) Exception for immaterial deviations The requirements of subparagraph (A) do not apply if the Secretary determines that the application of the concept or standard would not have a material effect on the annual report submitted pursuant to section 331(e)(1) of title 31, United States Code. (d) GAO audit If, in conducting an audit of the annual report submitted by the Secretary pursuant to section 331(e)(1) of title 31, United States Code, the Comptroller General finds a material deviation from generally accepted accounting principles in such report, the Secretary shall submit to the Comptroller General an explanation for such deviation not later than 30 days after notification of such deviation. 5. FASAB operations fund (a) Establishment The Secretary of the Treasury shall establish a fund, to be available without fiscal year limitation, to provide funds to the Board for the purpose of carrying out its duties under this Act. (b) Amount The Board shall determine the annual cost of carrying out its duties. (c) Deposits Beginning on the first day of the first full fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall assess a fee on each sale of a security under chapter 31 of title 31, United States Code, in an annual aggregate amount equal to the amount specified in subsection (b), and deposit such amount into the fund. (d) Use of funds Amounts in the fund may be used by the Board, for the purpose of carrying out the duties of the Board under this Act without further appropriation, beginning on the first day of the fiscal year beginning after the fiscal year described in subsection (c). 6. Effective date Sections 3 and 4 of this Act shall take effect on the date that amounts in the fund described in section 5 are transferred to the Board.
https://www.govinfo.gov/content/pkg/BILLS-113hr4678ih/xml/BILLS-113hr4678ih.xml
113-hr-4679
I 113th CONGRESS 2d Session H. R. 4679 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Levin (for himself, Mr. Rangel , Mr. McDermott , Mr. Neal , Mr. Doggett , Mr. Larson of Connecticut , Mr. Danny K. Davis of Illinois , Mr. Van Hollen , Ms. DeLauro , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify the rules relating to inverted corporations. 1. Short title This Act may be cited as the Stop Corporate Inversions Act of 2014 . 2. Modifications to rules relating to inverted corporations (a) In general Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: (b) Inverted corporations treated as domestic corporations (1) In general Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— (A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent for 60 percent , or (B) such corporation is an inverted domestic corporation. (2) Inverted domestic corporation For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation, or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. (3) Exception for corporations with substantial business activities in foreign country of organization A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities shall have the meaning given such term under regulations in effect on May 8, 2014, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. (4) Management and control For purposes of paragraph (2)(B)(ii)— (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (B) Executive officers and senior management Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. (5) Significant domestic business activities For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (A) the employees of the group are based in the United States, (B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, (C) the assets of the group are located in the United States, or (D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the United States . The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph. . (b) Conforming amendments (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, and inserting after March 4, 2003, and before May 9, 2014, . (2) Subsection (c) of section 7874 of such Code is amended— (A) in paragraph (2)— (i) by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i) , and (ii) by inserting or (b)(2)(A) after (a)(2)(B)(i) in subparagraph (B), (B) in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, after (a)(2)(B)(ii) , (C) in paragraph (5), by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i) , and (D) in paragraph (6), by inserting or inverted domestic corporation, as the case may be, after surrogate foreign corporation . (c) Effective date The amendments made by this section shall apply to taxable years ending after May 8, 2014.
https://www.govinfo.gov/content/pkg/BILLS-113hr4679ih/xml/BILLS-113hr4679ih.xml
113-hr-4680
I 113th CONGRESS 2d Session H. R. 4680 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Ms. Clark of Massachusetts (for herself, Ms. Moore , Ms. DeLauro , Mr. Van Hollen , Mr. McGovern , Ms. Speier , Mr. Tierney , Mrs. Davis of California , Mr. Langevin , Ms. Meng , Mrs. McCarthy of New York , and Mr. Schiff ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Child Care and Development Block Grant Act of 1990 to improve the quality of infant and toddler care. 1. Short title This Act may be cited as the Infant and Toddler Care Improvement Act . 2. Findings and purposes (a) Findings Congress finds the following: (1) The brain undergoes its most dramatic development during a child’s first 3 years of life, with 700 new neurological connections being formed every second based on early experience. During this time, the brain’s foundational capacities for thinking, language, emotion, and self-regulation are formed. (2) Economic deprivation can also affect the development of the brain and impair all aspects of development. Children in families below the poverty line are at risk for prolonged toxic stress, which can change the shape of the brain’s structure. Twenty-five percent of children younger than 3 years of age live in families with incomes below the poverty level. (3) Child care is second only to the family setting as the place in which early development takes place for many infants and toddlers. Sixty-one percent of mothers with children younger than 3 years of age are in the labor force and over 6,000,000 children younger than 3 years of age are cared for by someone other than their parents for some part or all of the day. Therefore, the relationship between the child and the child care provider often plays a significant role in child development. (4) Research shows that high-quality child care can mitigate some of the effects of adverse experiences caused by poverty and that low-income children can benefit particularly well from high-quality child care. Yet, at-risk children younger than 3 years of age often receive low-quality child care that can lead to poor developmental outcomes. (5) High-quality child care has been shown to promote positive cognitive, language, and social and emotional development, and contribute to academic success. High-quality child care can also help improve a child’s communication skills, cognitive skills, behavioral skills, math and language assessment scores, and verbal intelligence. (6) Providing training and technical assistance to family child care providers who are infant and toddler care providers, through family child care networks, has been shown to improve the quality of caregivers. (7) Twenty-seven States use infant and toddler specialist networks as the structure for providing training and technical assistance, using research-based training and techniques such as mentoring and on-site coaching, to all types of providers of child care for infants or toddlers. (8) Preparation for early childhood educators often does not include training specific to infants and toddlers. Only 21 States have infant and toddler credential requirements that define the particular knowledge and skills needed to work with children younger than 3 years of age. (9) Infants and toddlers have unique needs that differ from those of older children in areas such as health and safety, interaction with teachers and caregivers, and learning, yet not all States recognize those differences in licensing regulations or in their Quality Rating and Improvement Systems. Just 20 States have infant and toddler quality indicators in their Quality Rating and Improvement Systems and only 3 States have separate categories of child care regulations related to infants and toddlers. (b) Purpose The purpose of this Act is to improve the overall quality of child care programs serving infants or toddlers. 3. High-quality infant and toddler care program The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G ( 42 U.S.C. 9858e ) the following: 658H. High-quality infant and toddler care program (a) Definitions In this section: (1) Eligible infant or toddler care provider The term eligible infant or toddler care provider means an eligible child care provider, consistent with section 658P, who provides care to an infant or toddler. (2) Infant or toddler The term infant or toddler means an individual under 3 years of age. (3) Infant or toddler with a developmental delay or disability (A) In general The term infant or toddler with a developmental delay or disability has the meaning given the term infant or toddler with a disability in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 ). (B) Plural form The term infants and toddlers with developmental delays or disabilities means more than 1 infant or toddler with a developmental delay or disability. (4) Limited English proficient The term limited English proficient has the meaning given the term in section 637 of the Head Start Act ( 42 U.S.C. 9832 ). (5) Low-income community The term low-income community shall be defined by the Secretary. (6) Low-income family The term low-income family means a family with a family income described in section 658P(4)(B). (b) Grants (1) In general The Secretary shall make grants to eligible States, from allotments described in paragraph (2), to enable the States to improve the quality of care for infants and toddlers. (2) Allotments (A) Amounts reserved (i) Territories and possessions The Secretary shall reserve an amount not to exceed 0.5 percent of the amount appropriated under this section for each fiscal year for payments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs. (ii) Indian tribes The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated under this section for each fiscal year for payments to Indian tribes and tribal organizations with applications approved under section 658O(c). (B) Allotments to states After making reservations under subparagraph (A), the Secretary shall use the remainder of the amount appropriated under this section for a fiscal year to allot to each State an amount that bears the same relationship to that remainder as the amount allotted to the State under section 658O for that fiscal year bears to the amount allotted to all States under section 658O for that fiscal year. (C) State In this paragraph, the term State does not include Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. (c) Amendment to State plans A State that receives a grant under this section shall include in the State's plan under section 658E, a description of how the State will use funds provided under this section to improve the quality of infant and toddler care. (d) Use of funds (1) In general A State that receives a grant under this section shall use the funds made available through the grant to carry out 1 or more of the activities described in paragraphs (2) through (7). (2) Increasing high-quality infant and toddler care (A) In general A State may use the funds described in paragraph (1) to make grants to eligible entities to be resources for eligible infant and toddler care providers, to improve the quality of early care and development services provided to infants and toddlers in the community from low-income families and to help such providers serving low-income families improve their capacity to offer high-quality care to such families. (B) Eligible entity To be eligible to receive a grant under this paragraph, an entity shall be an eligible child care provider that— (i) serves infants and toddlers from low-income families; and (ii) (I) is ranked at the top level of the State’s Quality Rating and Improvement System or similar rating system or accredited by a national accrediting body recognized, before the date of enactment of the Infant and Toddler Care Improvement Act, for high-quality program standards that are valid and reliable; or (II) is an Early Head Start agency under section 645A of the Head Start Act ( 42 U.S.C. 9840a ) that is in full compliance with the performance standards applicable to such an agency under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (C) Priority In making grants under this paragraph, a State— (i) shall give priority to entities that will serve significant populations of low-income families; and (ii) may give priority to entities that— (I) are located in low-income communities; (II) will serve communities with significant populations of families with limited English proficiency; or (III) will increase the ability of caregivers to provide appropriate services and coordinate activities with State and local systems providing services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ) for children with developmental delays or disabilities, including such children in the child welfare system of the State. (3) Staffed family child care networks or systems (A) In general A State may use the funds described in paragraph (1) to make grants to organizations with expertise in providing child care and related technical assistance, to establish new staffed family child care networks (new as of the date of amendment of the State plan under subsection (c)) or to operate existing staffed family child care networks or systems that offer, to family child care providers who are eligible infant and toddler care providers, technical assistance, training, administrative support, or direct services including monitoring visits to providers. (B) Priority In making grants under this paragraph, a State— (i) shall give priority to organizations described in paragraph (2)(C)(i); and (ii) may give priority to organizations that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). (4) Statewide network of infant and toddler specialists (A) In general A State may use the funds described in paragraph (1) to support, or to make a grant to an organization with expertise in providing child care technical assistance to support, a statewide network of specialists who are eligible infant and toddler care providers, that shall— (i) provide individual or group training and intensive consultation services to eligible infant and toddler care providers, including relative caregivers, on strategies to improve the quality of care for infants and toddlers; and (ii) assist eligible infant and toddler care providers in coordinating activities with other offices responsible for child care, including Early Head Start programs and Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.). (B) Priority In delivering services or making grants under this paragraph, a State— (i) shall give priority to networks that deliver support to providers described in paragraph (2)(C)(i); and (ii) may give priority to networks that deliver support to providers that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). (5) State workforce quality initiatives (A) In general A State may use the funds described in paragraph (1) to support initiatives to improve the quality of the workforce of eligible infant and toddler care providers, such as— (i) providing relevant training, professional development, or mentoring to eligible infant and toddler care providers, including linking the training, development, or mentoring to career pathways for eligible infant and toddler care providers; (ii) providing scholarships or other financial support to eligible infant and toddler care providers to advance their education and training; (iii) coordinating activities with the State’s higher education system to expand the availability and quality of coursework for infant and toddler care providers, including developing career pathways for eligible infant and toddler care providers; or (iv) improving the State credentialing of eligible infant and toddler care providers. (6) Systems quality A State may use the funds described in paragraph (1) to— (A) develop infant and toddler components for the State's Quality Rating and Improvement System or similar rating system, child care licensing regulations, or voluntary early learning guidelines; (B) improve the ability of parents to obtain information about high-quality infant and toddler care; or (C) assist eligible infant and toddler care providers seeking to improve the quality of their infant and toddler care by increasing their ranking on the State’s Quality Rating and Improvement System or similar rating system, meeting performance standards applicable to an Early Head Start agency under the Head Start Act ( 42 U.S.C. 9831 et seq. ), or becoming accredited by a national accrediting body described in paragraph (2)(B)(ii). (7) Other high-quality initiatives A State may use the funds described in paragraph (1) to carry out other activities determined by the State to improve the quality of infant and toddler care provided in the State and for which there is evidence that the activities will lead to improved infant and toddler safety, infant and toddler development, or infant and toddler well-being. (e) Reporting A State that receives a grant under subsection (b) shall submit in the State's annual reports required under section 658K(a)(2), information on how the State is using the funding provided under subsection (b) to improve the quality of infant and toddler care and the effect such funding is having on the quality of infant and toddler care in the State. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. . 4. Conforming amendments (a) Authorization Section 658B of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 ) is amended by inserting (other than section 658H) after subchapter . (b) Allotment Section 658O(a)(1) of such Act ( 42 U.S.C. 9858m(a)(1) ) is amended by striking this subchapter and inserting section 658B .
https://www.govinfo.gov/content/pkg/BILLS-113hr4680ih/xml/BILLS-113hr4680ih.xml
113-hr-4681
IB 113th CONGRESS 2d Session H. R. 4681 IN THE HOUSE OF REPRESENTATIVES AN ACT To authorize appropriations for fiscal years 2014 and 2015 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Years 2014 and 2015 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. Title II—Central Intelligence Agency Retirement and Disability System Sec. 201. Authorization of appropriations. Title III—General provisions Subtitle A—General matters Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Specific authorization of funding for High Performance Computing Center 2. Sec. 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community. Sec. 305. Functional managers for the intelligence community. Sec. 306. Annual assessment of intelligence community performance by function. Sec. 307. Software licensing. Sec. 308. Plans to respond to unauthorized public disclosures of covert actions. Sec. 309. Auditability. Sec. 310. Restrictions on certain former intelligence officers and employees. Sec. 311. Public Interest Declassification Board. Sec. 312. Official representation items in support of the Coast Guard Attaché Program. Sec. 313. Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1 , 2011 . Sec. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program. Sec. 315. Inclusion of Predominantly Black Institutions in intelligence officer training program. Subtitle B—Reporting Sec. 321. Annual report on violations of law or executive order. Sec. 322. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations. Sec. 323. Reports on chemical weapons in Syria. Sec. 324. Reports to the intelligence community on penetrations of networks and information systems of certain contractors. Sec. 325. Report on electronic waste. Sec. 326. Promoting STEM education to meet the future workforce needs of the intelligence community. Sec. 327. Assessment of security of domestic oil refineries and related rail transportation infrastructure. Sec. 328. Repeal or modification of certain reporting requirements. Sec. 329. Report on declassification process. Sec. 330. Director of National Intelligence study on the use of contractors in the conduct of intelligence activities. Sec. 331. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing. Sec. 332. Report on foreign man-made electromagnetic pulse weapons. Sec. 333. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents. Sec. 334. Report on retraining veterans in cybersecurity. Title IV—Matters relating to elements of the intelligence community Sec. 401. Gifts, devises, and bequests to the Central Intelligence Agency. Sec. 402. Inspector General of the National Security Agency. Title V—Security clearance reform Sec. 501. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information. Sec. 502. Requirements for intelligence community contractors. Sec. 503. Technology improvements to security clearance processing. Sec. 504. Report on reciprocity of security clearances. Sec. 505. Improving the periodic reinvestigation process. Sec. 506. Appropriate committees of Congress defined. Title VI—Technical amendments Sec. 601. Technical amendments to the Central Intelligence Agency Act of 1949. Sec. 602. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions. Sec. 603. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013. 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees means— (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) Intelligence community The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years 2014 and 2015 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. (15) The National Geospatial-Intelligence Agency. (16) The Department of Homeland Security. 102. Classified Schedule of Authorizations (a) Specifications of amounts and personnel levels (1) Fiscal year 2014 The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2014, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations for fiscal year 2014 prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (2) Fiscal year 2015 The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2015, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations for fiscal year 2015 prepared to accompany the bill H.R. 4681 of the One Hundred Thirteenth Congress. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedules of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedules of Authorizations, or of appropriate portions of the Schedules, within the executive branch. (3) Limits on disclosure The President shall not publicly disclose the classified Schedules of Authorizations or any portion of such Schedules except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) ); (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Personnel ceiling adjustments (a) Authority for increases The Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2014 or 2015 by the classified Schedules of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under the Schedule for such element during the fiscal year covered by such Schedule. (b) Treatment of certain personnel The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment in— (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (c) Notice to congressional intelligence committees The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to each exercise of an authority described in subsection (a). 104. Intelligence Community Management Account (a) Authorization of appropriations (1) Fiscal year 2014 There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2014 the sum of $528,229,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2015. (2) Fiscal year 2015 There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2015 the sum of $505,476,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2016. (b) Authorized personnel levels The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 855 positions as of September 30, 2014, and 777 positions as of September 30, 2015. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. (c) Classified authorizations (1) Authorization of appropriations (A) Fiscal year 2014 In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2014 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2015. (B) Fiscal year 2015 In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2015 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2016. (2) Authorization of personnel (A) Fiscal year 2014 In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2014, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). (B) Fiscal year 2015 In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2015, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). II Central Intelligence Agency Retirement and Disability System 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for each of fiscal years 2014 and 2015. III General provisions A General matters 301. Increase in employee compensation and benefits authorized by law Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 302. Restriction on conduct of intelligence activities The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. 303. Specific authorization of funding for High Performance Computing Center 2 Funds appropriated for the construction of the High Performance Computing Center 2 (HPCC 2), as described in the table entitled Consolidated Cryptologic Program (CCP) in the classified annex to accompany the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ; 127 Stat. 198), in excess of the amount specified for such activity in the tables in the classified annex prepared to accompany the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2468) shall be specifically authorized by Congress for the purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ). 304. Clarification of exemption from Freedom of Information Act of identities of employees submitting complaints to the Inspector General of the Intelligence Community Section 103H(g)(3)(A) of the National Security Act of 1947 ( 50 U.S.C. 3033(g)(3)(A) ) is amended by striking undertaken; and inserting undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); . 305. Functional managers for the intelligence community (a) Functional managers authorized Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ) is amended by inserting after section 103I the following new section: 103J. Functional managers for the intelligence community (a) Functional managers authorized The Director of National Intelligence may establish within the intelligence community one or more positions of manager of an intelligence function. Any position so established may be known as the Functional Manager of the intelligence function concerned. (b) Personnel The Director shall designate individuals to serve as manager of intelligence functions established under subsection (a) from among officers and employees of elements of the intelligence community. (c) Duties Each manager of an intelligence function established under subsection (a) shall have the duties as follows: (1) To act as principal advisor to the Director on the intelligence function. (2) To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 103I the following new item: Sec. 103J. Functional managers for the intelligence community. . 306. Annual assessment of intelligence community performance by function (a) Annual assessments required Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by inserting after section 506I the following new section: 506J. Annual assessment of intelligence community performance by function (a) In general Not later than April 1, 2016, and each year thereafter, the Director of National Intelligence shall, in consultation with the Functional Managers, submit to the congressional intelligence committees a report on covered intelligence functions during the preceding year. (b) Elements Each report under subsection (a) shall include for each covered intelligence function for the year covered by such report the following: (1) An identification of the capabilities, programs, and activities of such intelligence function, regardless of the element of the intelligence community that carried out such capabilities, programs, and activities. (2) A description of the investment and allocation of resources for such intelligence function, including an analysis of the allocation of resources within the context of the National Intelligence Strategy, priorities for recipients of resources, and areas of risk. (3) A description and assessment of the performance of such intelligence function. (4) An identification of any issues related to the application of technical interoperability standards in the capabilities, programs, and activities of such intelligence function. (5) An identification of the operational overlap or need for de-confliction, if any, within such intelligence function. (6) A description of any efforts to integrate such intelligence function with other intelligence disciplines as part of an integrated intelligence enterprise. (7) A description of any efforts to establish consistency in tradecraft and training within such intelligence function. (8) A description and assessment of developments in technology that bear on the future of such intelligence function. (9) Such other matters relating to such intelligence function as the Director may specify for purposes of this section. (c) Definitions In this section: (1) The term covered intelligence functions means each intelligence function for which a Functional Manager has been established under section 103J during the year covered by a report under this section. (2) The term Functional Manager means the manager of an intelligence function established under section 103J. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 506I the following new item: Sec. 506J. Annual assessment of intelligence community performance by function. . 307. Software licensing (a) In general Title I of the National Security Act of 1947 ( 50 U.S.C. 3021 et seq. ) is amended by inserting after section 108 the following new section: 109. Software licensing (a) Requirement for inventories of software licenses The chief information officer of each element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall biennially— (1) conduct an inventory of all existing software licenses of such element, including utilized and unutilized licenses; (2) assess the actions that could be carried out by such element to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and (3) submit to the Chief Information Officer of the Intelligence Community each inventory required by paragraph (1) and each assessment required by paragraph (2). (b) Inventories by the Chief Information Officer of the Intelligence Community The Chief Information Officer of the Intelligence Community, based on the inventories and assessments required by subsection (a), shall biennially— (1) compile an inventory of all existing software licenses of the intelligence community, including utilized and unutilized licenses; (2) assess the actions that could be carried out by the intelligence community to achieve the greatest possible economies of scale and associated cost savings in software procurement and usage, including— (A) increasing the centralization of the management of software licenses; (B) increasing the regular tracking and maintaining of comprehensive inventories of software licenses using automated discovery and inventory tools and metrics; (C) analyzing software license data to inform investment decisions; and (D) providing appropriate personnel with sufficient software licenses management training; and (3) based on the assessment required under paragraph (2), make such recommendations with respect to software procurement and usage to the Director of National Intelligence as the Chief Information Officer considers appropriate. (c) Reports to Congress The Chief Information Officer of the Intelligence Community shall submit to the congressional intelligence committees a copy of each inventory compiled under subsection (b)(1). (d) Implementation of recommendations Not later than 180 days after the date on which the Director of National Intelligence receives recommendations from the Chief Information Officer of the Intelligence Community in accordance with subsection (b)(3), the Director of National Intelligence shall, to the extent practicable, issue guidelines for the intelligence community on software procurement and usage based on such recommendations. . (b) Initial inventory (1) Intelligence community elements (A) Date Not later than 120 days after the date of the enactment of this Act, the chief information officer of each element of the intelligence community shall complete the initial inventory, assessment, and submission required under section 109(a) of the National Security Act of 1947, as added by subsection (a) of this section. (B) Basis The initial inventory conducted for each element of the intelligence community under section 109(a)(1) of the National Security Act of 1947, as added by subsection (a) of this section, shall be based on the inventory of software licenses conducted pursuant to section 305 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2472) for such element. (2) Chief Information Officer of the Intelligence Community Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Intelligence Community shall complete the initial compilation and assessment required under section 109(b) of the National Security Act of 1947, as added by subsection (a). (c) Table of contents amendments The table of contents in the first section of the National Security Act of 1947 is amended— (1) by striking the second item relating to section 104 (relating to Annual national security strategy report); and (2) by inserting after the item relating to section 108 the following new item: Sec. 109. Software licensing. . 308. Plans to respond to unauthorized public disclosures of covert actions Section 503 of the National Security Act of 1947 ( 50 U.S.C. 3093 ) is amended by adding at the end the following new subsection: (h) For each type of activity undertaken as part of a covert action, the President shall establish in writing a plan to respond to the unauthorized public disclosure of that type of activity. . 309. Auditability (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by adding at the end the following new section: 509. Auditability of certain elements of the intelligence community (a) Requirement for annual audits The head of each covered entity shall ensure that there is a full financial audit of such covered entity each year beginning with fiscal year 2014. Such audits may be conducted by an internal or external independent accounting or auditing organization. (b) Requirement for unqualified opinion Beginning as early as practicable, but in no event later than the audit required under subsection (a) for fiscal year 2016, the head of each covered entity shall take all reasonable steps necessary to ensure that each audit required under subsection (a) contains an unqualified opinion on the financial statements of such covered entity for the fiscal year covered by such audit. (c) Reports to Congress The chief financial officer of each covered entity shall provide to the congressional intelligence committees an annual audit report from an accounting or auditing organization on each audit of the covered entity conducted pursuant to subsection (a). (d) Covered entity defined In this section, the term covered entity means the Office of the Director of National Intelligence, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency. . (b) Table of contents amendment The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 508 the following new item: Sec. 509. Auditability of certain elements of the intelligence community. . 310. Restrictions on certain former intelligence officers and employees (a) Restriction Title III of the National Security Act of 1947 ( 50 U.S.C. 3071 et seq. ) is amended by inserting after section 303 the following new section: 304. Restrictions on certain former intelligence officers and employees (a) Negotiations A covered employee shall notify the element of the intelligence community employing such employee not later than 3 business days after the commencement of any negotiation for future employment or compensation between such covered employee and a covered entity. (b) Separation A covered employee may not commence employment with or be contracted by a covered entity— (1) for a period of one year following the termination of the service or employment of such covered employee by an element of the intelligence community; and (2) for a period of two years following such termination with respect to any matter that was a part of the official responsibility of such covered employee during the final year of the service or employment of such covered employee by an element of the intelligence community. (c) Annual reporting (1) Reporting required Each former covered employee who was a covered employee at the time of separation from an element of the intelligence community shall annually report in writing to the element of the intelligence community that most recently previously employed such covered employee any payment received in the preceding year from a foreign government or a covered entity. (2) Applicability The requirement to submit a report under paragraph (1) for each former covered employee shall terminate on the date that is 5 years after the date on which such former covered employee was most recently employed by an element of the intelligence community. (d) Determination of foreign governments posing a significant counterintelligence threat The Director of National Intelligence shall annually— (1) determine which foreign governments pose a significant counterintelligence threat to the United States; and (2) submit to the congressional intelligence committees a list of such foreign governments. (e) Definitions In this section: (1) Covered employee The term covered employee means— (A) an employee of an element of the intelligence community with access to sensitive compartmented information occupying a position— (i) classified at GS–15 of the General Schedule ( chapter 53 of title 5, United States Code); or (ii) as a senior civilian officer of the intelligence community (as defined in Intelligence Community Directive No. 610 or any successor directive); and (B) a person who during the preceding 12-month period was an officer or employee of the Congress (as defined in section 109(13) of the Ethics in Government Act of 1978 (5 U.S.C. App.)) with access to sensitive compartmented information. (2) Covered entity The term covered entity means— (A) any person acting on behalf or under the supervision of a designated foreign government; or (B) any entity owned or controlled by a designated foreign government. (3) Designated foreign government The term designated foreign government means a government that the Director of National Intelligence determines poses a significant counterintelligence threat to the United States under subsection (d). . (b) Effective date of negotiation period notice The requirement under section 304(a) of the National Security Act of 1947, as added by subsection (a) of this section, shall take effect on the date that is 30 days after the date of the enactment of this Act. (c) Applicability of separation period The requirement under section 304(b) of the National Security Act of 1947, as added by subsection (a) of this section, shall not apply to a covered employee that has entered into an employment agreement on or before the date of the enactment of this Act. (d) First reporting requirement The first report required to be submitted by each former covered employee under section 304(c) of the National Security Act of 1947, as added by subsection (a) of this section, shall be submitted not later than one year after the date of the enactment of this Act. (e) First designation requirement The Director of National Intelligence shall submit to the congressional intelligence committees the initial list of foreign governments under section 304(d) of the National Security Act of 1947, as added by subsection (a) of this section, not later than 30 days after the date of the enactment of this Act. (f) Table of contents amendments The table of contents in the first section of such Act is amended— (1) by striking the second item relating to section 302 (Under Secretaries and Assistant Secretaries) and the items relating to sections 304, 305, and 306; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Restrictions on certain former intelligence officers and employees. . 311. Public Interest Declassification Board Section 710(b) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 ; 50 U.S.C. 3161 note) is amended by striking 2014. and inserting 2018. . 312. Official representation items in support of the Coast Guard Attaché Program Notwithstanding any other limitation on the amount of funds that may be used for official representation items, the Secretary of Homeland Security may use funds made available to the Secretary through the National Intelligence Program for necessary expenses for intelligence analysis and operations coordination activities for official representation items in support of the Coast Guard Attaché Program. 313. Declassification review of certain items collected during the mission that killed Osama bin Laden on May 1 , 2011 Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall— (1) in the manner described in the classified annex to this Act— (A) complete a declassification review of documents collected in Abbottabad, Pakistan, during the mission that killed Osama bin Laden on May 1, 2011; and (B) make publicly available any information declassified as a result of the declassification review required under paragraph (1); and (2) report to the congressional intelligence committees— (A) the results of the declassification review required under paragraph (1); and (B) a justification for not declassifying any information required to be included in such declassification review that remains classified. 314. Merger of the Foreign Counterintelligence Program and the General Defense Intelligence Program Notwithstanding any other provision of law, the Director of National Intelligence shall carry out the merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program as directed in the classified annex to this Act. The merger shall go into effect no earlier than 30 days after written notification of the merger is provided to the congressional intelligence committees. 315. Inclusion of Predominantly Black Institutions in intelligence officer training program Section 1024 of the National Security Act of 1947 ( 50 U.S.C. 3224 ) is amended— (1) in subsection (c)(1), by inserting and Predominantly Black Institutions after universities ; and (2) in subsection (g)— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph: (4) Predominantly Black Institution The term Predominantly Black Institution has the meaning given the term in section 318 of the Higher education Act of 1965 ( 20 U.S.C. 1059e ). . B Reporting 321. Annual report on violations of law or executive order (a) In general Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ), as amended by section 309, is further amended by adding at the end the following: 510. Annual report on violations of law or executive order (a) Annual reports required The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year. (b) Elements Each report required under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 ( 50 U.S.C. 3001 note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of the employment of such personnel that, during the previous calendar year, was— (1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred; (2) referred to the Department of Justice for possible criminal prosecution; or (3) substantiated by the inspector general of any element of the intelligence community. . (b) Initial report The first report required under section 510 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act. (c) Guidelines Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the head of each element of the intelligence community, shall— (1) issue guidelines to carry out section 510 of the National Security Act of 1947, as added by subsection (a) of this section; and (2) submit such guidelines to the congressional intelligence committees. (d) Table of contents amendment The table of sections in the first section of the National Security Act of 1947, as amended by section 309 of this Act, is further amended by adding after the section relating to section 509, as added by such section 309, the following new item: Sec. 510. Annual report on violations of law or executive order. . (e) Rule of construction Nothing in this section or the amendments made by this section shall be construed to alter any requirement existing on the date of the enactment of this Act to submit a report under any provision of law. 322. Submittal to Congress by heads of elements of intelligence community of plans for orderly shutdown in event of absence of appropriations (a) In general Whenever the head of an applicable agency submits a plan to the Director of the Office of Management and Budget in accordance with section 124 of Office of Management and Budget Circular A–11, pertaining to agency operations in the absence of appropriations, or any successor circular of the Office that requires the head of an applicable agency to submit to the Director a plan for an orderly shutdown in the event of the absence of appropriations, such head shall submit a copy of such plan to the following: (1) The congressional intelligence committees. (2) The Subcommittee on Defense of the Committee on Appropriations of the Senate. (3) The Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (4) In the case of a plan for an element of the intelligence community that is within the Department of Defense, to— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (b) Head of an applicable agency defined In this section, the term head of an applicable agency includes the following: (1) The Director of National Intelligence. (2) The Director of the Central Intelligence Agency. (3) Each head of each element of the intelligence community that is within the Department of Defense. 323. Reports on chemical weapons in Syria (a) In general Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the Syrian chemical weapons program. (b) Elements The report required under subsection (a) shall include the following elements: (1) A comprehensive assessment of chemical weapon stockpiles in Syria, including names, types, and quantities of chemical weapons agents, types of munitions, and location and form of storage, production, and research and development facilities. (2) A listing of key personnel associated with the Syrian chemical weapons program. (3) An assessment of undeclared chemical weapons stockpiles, munitions, and facilities. (4) An assessment of how these stockpiles, precursors, and delivery systems were obtained. (5) A description of key intelligence gaps related to the Syrian chemical weapons program. (6) An assessment of any denial and deception efforts on the part of the Syrian regime related to its chemical weapons program. (c) Progress reports Every 90 days until the date that is 18 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a progress report providing any material updates to the report required under subsection (a). 324. Reports to the intelligence community on penetrations of networks and information systems of certain contractors (a) Procedures for reporting penetrations The Director of National Intelligence shall establish procedures that require each cleared intelligence contractor to report to an element of the intelligence community designated by the Director for purposes of such procedures when a network or information system of such contractor that meets the criteria established pursuant to subsection (b) is successfully penetrated. (b) Networks and information systems subject to reporting The Director of National Intelligence shall, in consultation with appropriate officials, establish criteria for covered networks to be subject to the procedures for reporting system penetrations under subsection (a). (c) Procedure requirements (1) Rapid reporting The procedures established pursuant to subsection (a) shall require each cleared intelligence contractor to rapidly report to an element of the intelligence community designated pursuant to subsection (a) of each successful penetration of the network or information systems of such contractor that meet the criteria established pursuant to subsection (b). Each such report shall include the following: (A) A description of the technique or method used in such penetration. (B) A sample of the malicious software, if discovered and isolated by the contractor, involved in such penetration. (C) A summary of information created by or for such element in connection with any program of such element that has been potentially compromised due to such penetration. (2) Access to equipment and information by intelligence community personnel The procedures established pursuant to subsection (a) shall— (A) include mechanisms for intelligence community personnel to, upon request, obtain access to equipment or information of a cleared intelligence contractor necessary to conduct forensic analysis in addition to any analysis conducted by such contractor; (B) provide that a cleared intelligence contractor is only required to provide access to equipment or information as described in subparagraph (A) to determine whether information created by or for an element of the intelligence community in connection with any intelligence community program was successfully exfiltrated from a network or information system of such contractor and, if so, what information was exfiltrated; and (C) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person (other than the name of the suspected perpetrator of the penetration). (3) Limitation on dissemination of certain information The procedures established pursuant to subsection (a) shall prohibit the dissemination outside the intelligence community of information obtained or derived through such procedures that is not created by or for the intelligence community except— (A) with the approval of the contractor providing such information; (B) to the congressional intelligence committees or the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate for such committees and such Subcommittees to perform oversight; or (C) to law enforcement agencies to investigate a penetration reported under this section. (d) Issuance of procedures and establishment of criteria (1) In general Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall establish the procedures required under subsection (a) and the criteria required under subsection (b). (2) Applicability date The requirements of this section shall apply on the date on which the Director of National Intelligence establishes the procedures required under this section. (e) Coordination with the Secretary of Defense To prevent duplicate reporting Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense shall establish procedures to permit a contractor that is a cleared intelligence contractor and a cleared defense contractor under section 941 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. 2224 note) to submit a single report that satisfies the requirements of this section and such section 941 for an incident of penetration of network or information system. (f) Definitions In this section: (1) Cleared intelligence contractor The term cleared intelligence contractor means a private entity granted clearance by the Director of National Intelligence or the head of an element of the intelligence community to access, receive, or store classified information for the purpose of bidding for a contract or conducting activities in support of any program of an element of the intelligence community. (2) Covered network The term covered network means a network or information system of a cleared intelligence contractor that contains or processes information created by or for an element of the intelligence community with respect to which such contractor is required to apply enhanced protection. (g) Savings clauses Nothing in this section shall be construed to alter or limit any otherwise authorized access by government personnel to networks or information systems owned or operated by a contractor that processes or stores government data. 325. Report on electronic waste (a) Report Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the extent to which the intelligence community has implemented the recommendations of the Inspector General of the Intelligence Community contained in the report entitled Study of Intelligence Community Electronic Waste Disposal Practices issued in May 2013. Such report shall include an assessment of the extent to which the policies, standards, and guidelines of the intelligence community governing the proper disposal of electronic waste are applicable to covered commercial electronic waste that may contain classified information. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Definitions In this section: (1) Covered commercial electronic waste The term covered commercial electronic waste means electronic waste of a commercial entity that contracts with an element of the intelligence community. (2) Electronic waste The term electronic waste includes any obsolete, broken, or irreparable electronic device, including a television, copier, facsimile machine, tablet, telephone, computer, computer monitor, laptop, printer, scanner, and associated electrical wiring. 326. Promoting STEM education to meet the future workforce needs of the intelligence community (a) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Secretary of Education and the congressional intelligence committees a report describing the anticipated hiring needs of the intelligence community in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy. The report shall— (1) describe the extent to which competitions, challenges, or internships at elements of the intelligence community that do not involve access to classified information may be utilized to promote education in the fields of science, technology, engineering, and mathematics, including cybersecurity and computer literacy, within high schools or institutions of higher education in the United States; (2) include cost estimates for carrying out such competitions, challenges, or internships; and (3) include strategies for conducting expedited security clearance investigations and adjudications for students at institutions of higher education for purposes of offering internships at elements of the intelligence community. (b) Consideration of existing programs In developing the report under subsection (a), the Director shall take into consideration existing programs of the intelligence community, including the education programs of the National Security Agency and the Information Assurance Scholarship Program of the Department of Defense, as appropriate. (c) Definitions In this section: (1) High school The term high school mean a school that awards a secondary school diploma. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 327. Assessment of security of domestic oil refineries and related rail transportation infrastructure (a) Assessment The Under Secretary of Homeland Security for Intelligence and Analysis shall conduct an intelligence assessment of the security of domestic oil refineries and related rail transportation infrastructure. (b) Submission Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis shall submit to the congressional intelligence committees— (1) the results of the assessment required under subsection (a); and (2) any recommendations with respect to intelligence sharing or intelligence collection to improve the security of domestic oil refineries and related rail transportation infrastructure to protect the communities surrounding such refineries or such infrastructure from potential harm that the Under Secretary considers appropriate. 328. Repeal or modification of certain reporting requirements (a) Repeal of reporting requirements (1) Threat of attack on the United States using weapons of mass destruction Section 114 of the National Security Act of 1947 ( 50 U.S.C. 3050 ) is amended by striking subsection (b). (2) Treaty on Conventional Armed Forces in Europe Section 2(5)(E) of the Senate resolution advising and consenting to ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe (CFE) of November 19, 1990, adopted at Vienna May 31, 1996 (Treaty Doc. 105–5) (commonly referred to as the CFE Flank Document ), 105th Congress, agreed to May 14, 1997, is repealed. (b) Modification of reporting requirements (1) Intelligence advisory committees Section 410(b) of the Intelligence Authorization Act for Fiscal Year 2010 ( 50 U.S.C. 3309 ) is amended to read as follows: (b) Notification of establishment of advisory committee The Director of National Intelligence and the Director of the Central Intelligence Agency shall each notify the congressional intelligence committees each time each such Director creates an advisory committee. Each notification shall include— (1) a description of such advisory committee, including the subject matter of such committee; (2) a list of members of such advisory committee; and (3) in the case of an advisory committee created by the Director of National Intelligence, the reasons for a determination by the Director under section 4(b)(3) of the Federal Advisory Committee Act (5 U.S.C. App.) that an advisory committee cannot comply with the requirements of such Act. . (2) Intelligence information sharing Section 102A(g)(4) of the National Security Act of 1947 ( 50 U.S.C. 3024(g)(4) ) is amended to read as follows: (4) The Director of National Intelligence shall, in a timely manner, report to Congress any statute, regulation, policy, or practice that the Director believes impedes the ability of the Director to fully and effectively ensure maximum availability of access to intelligence information within the intelligence community consistent with the protection of the national security of the United States. . (3) Intelligence community business system transformation Section 506D(j) of the National Security Act of 1947 ( 50 U.S.C. 3100(j) ) is amended in the matter preceding paragraph (1) by striking 2015 and inserting 2014 . (4) Activities of privacy and civil liberties officers Section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee–1(f)(1) ) is amended in the matter preceding subparagraph (A) by striking quarterly and inserting semiannually . (c) Conforming amendments The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended— (1) in the table of contents in the first section, by striking the item relating to section 114 and inserting the following new item: Sec. 114. Annual report on hiring and retention of minority employees. ; (2) in section 114 ( 50 U.S.C. 3050 )— (A) by amending the heading to read as follows: Annual report on hiring and retention of minority employees ; (B) by striking (a) Annual Report on Hiring and Retention of Minority Employees.— ; (C) by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively; (D) in subsection (b) (as so redesignated)— (i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and (ii) in paragraph (2) (as so redesignated)— (I) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (II) in the matter preceding subparagraph (A) (as so redesignated), by striking clauses (i) and (ii) and inserting subparagraphs (A) and (B) ; (E) in subsection (d) (as redesignated by subparagraph (C) of this paragraph), by striking subsection and inserting section ; and (F) in subsection (e) (as redesignated by subparagraph (C) of this paragraph)— (i) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively; and (ii) by striking subsection, and inserting section ; and (3) in section 507 ( 50 U.S.C. 3106 )— (A) in subsection (a)— (i) by striking (1) The date and inserting The date ; (ii) by striking subsection (c)(1)(A) and inserting subsection (c)(1) ; (iii) by striking paragraph (2); and (iv) by redesignating subparagraphs (A) through (F) as paragraphs (1) through (6), respectively; (B) in subsection (c)(1)— (i) by striking (A) Except and inserting Except ; and (ii) by striking subparagraph (B); and (C) in subsection (d)(1)— (i) in subparagraph (A)— (I) by striking subsection (a)(1) and inserting subsection (a) ; and (II) by inserting and after March 1; ; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B). 329. Report on declassification process Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report describing— (1) how to improve the declassification process across the intelligence community; and (2) what steps the intelligence community can take, or what legislation may be necessary, to enable the National Declassification Center to better accomplish the missions assigned to the Center by Executive Order No. 13526. 330. Director of National Intelligence study on the use of contractors in the conduct of intelligence activities The Director of National Intelligence shall conduct an assessment of the reliance of intelligence activities on contractors to support Government activities, including an assessment of— (1) contractors performing intelligence activities (including intelligence analysis); and (2) the skills performed by contractors and the availability of Federal employees to perform those skills. 331. Assessment of the efficacy of memoranda of understanding to facilitate intelligence-sharing Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Homeland Security for Intelligence and Analysis, in consultation with the Director of the Federal Bureau of Investigation and the Program Manager of the Information Sharing Environment, shall submit to the congressional intelligence committees, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate an assessment of the efficacy of the memoranda of understanding signed between Federal, State, local, tribal, and territorial agencies to facilitate intelligence-sharing within and separate from the Joint Terrorism Task Force. Such assessment shall include— (1) any language within such memoranda of understanding that prohibited or may be construed to prohibit intelligence-sharing between Federal, State, local, tribal, and territorial agencies; and (2) any recommendations for memoranda of understanding to better facilitate intelligence-sharing between Federal, State, local, tribal, and territorial agencies. 332. Report on foreign man-made electromagnetic pulse weapons (a) Report Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate a report on the threat posed by man-made electromagnetic pulse weapons to United States interests through 2025, including threats from foreign countries and foreign non-State actors. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 333. Report on United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a comprehensive report on the United States counterterrorism strategy to disrupt, dismantle, and defeat al-Qaeda, its affiliated groups, associated groups, and adherents. (2) Coordination The report required by paragraph (1) shall be prepared in coordination with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Secretary of Defense, and the head of any other department or agency of the United States Government that has responsibility for activities directed at combating al-Qaeda, its affiliated groups, associated groups, and adherents. (3) Elements The report required by paragraph (1) shall include the following: (A) A definition of— (i) al-Qaeda core, including a list of which known individuals constitute al-Qaeda core; (ii) an affiliated group of al-Qaeda, including a list of which known groups constitute an affiliate group of al-Qaeda; (iii) an associated group of al-Qaeda, including a list of which known groups constitute an associated group of al-Qaeda; (iv) an adherent of al-Qaeda, including a list of which known groups constitute an adherent of al-Qaeda; and (v) a group aligned with al-Qaeda, including a description of what actions a group takes or statements it makes that qualify it as a group aligned with al-Qaeda. (B) An assessment of the relationship between all identified al-Qaeda affiliated groups, associated groups, and adherents with al-Qaeda core. (C) An assessment of the strengthening or weakening of al-Qaeda, its affiliated groups, associated groups, and adherents, from January 1, 2010, to the present, including a description of the metrics that are used to assess strengthening or weakening and an assessment of the relative increase or decrease in violent attacks attributed to such entities. (D) An assessment of whether or not an individual can be a member of al-Qaeda core if such individual is not located in Afghanistan or Pakistan. (E) An assessment of whether or not an individual can be a member of al-Qaeda core as well as a member of an al-Qaeda affiliated group, associated group, or adherent. (F) A definition of defeat of core al-Qaeda. (G) An assessment of the extent or coordination, command, and control between core al-Qaeda, its affiliated groups, associated groups, and adherents, specifically addressing each such entity. (H) An assessment of the effectiveness of counterterrorism operations against core al-Qaeda, its affiliated groups, associated groups, and adherents, and whether such operations have had a sustained impact on the capabilities and effectiveness of core al-Qaeda, its affiliated groups, associated groups, and adherents. (4) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives; and (2) the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate. 334. Report on retraining veterans in cybersecurity Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall submit to Congress recommendations for retraining veterans and retired members of elements of the intelligence community in cybersecurity. IV Matters relating to elements of the intelligence community 401. Gifts, devises, and bequests to the Central Intelligence Agency Section 12 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3512 ) is amended— (1) by striking the section heading and inserting Gifts, devises, and bequests ; (2) in subsection (a)(2)— (A) by inserting by the Director as a gift to the Agency after accepted ; and (B) by striking this section and inserting this subsection ; (3) in subsection (b), by striking this section, and inserting subsection (a), ; (4) in subsection (c), by striking this section, and inserting subsection (a), ; (5) in subsection (d), by striking this section and inserting subsection (a) ; (6) by redesignating subsection (f) as subsection (g); and (7) by inserting after subsection (e) the following: (f) (1) The Director may engage in fundraising in an official capacity for the benefit of nonprofit organizations that provide support to surviving family members of deceased Agency employees or that otherwise provide support for the welfare, education, or recreation of Agency employees, former Agency employees, or their family members. (2) In this subsection, the term fundraising means the raising of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does not include the direct solicitation of money by any other means. . 402. Inspector General of the National Security Agency (a) Elevation of Inspector General status The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G(a)(2), by striking the National Security Agency, ; and (2) in section 12— (A) in paragraph (1), by inserting the National Security Agency, after the Federal Emergency Management Agency, ; and (B) in paragraph (2), by inserting the National Security Agency, after the National Aeronautics and Space Administration, . (b) Date of appointment Not later than 90 days after the date of the resignation, reassignment, or removal of the Inspector General of the National Security Agency appointed pursuant to section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) as in effect before the date of the enactment of this Act and serving on such date, the President shall nominate a person for appointment, by and with the advice and consent of the Senate, as Inspector General of the National Security Agency under section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by subsection (a). (c) Transition rule An individual serving as Inspector General of the National Security Agency on the date of the enactment of this Act pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)— (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the National Security Agency consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act that, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the National Security Agency and suffer no reduction in pay. (d) Special provisions concerning the National Security Agency The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: 8K. Special provisions concerning the National Security Agency (a) General counsel to the Inspector General (1) In general There is a General Counsel to the Inspector General of the National Security Agency, who shall be appointed by the Inspector General of the National Security Agency. (2) Duties The General Counsel to the Inspector General of the National Security Agency shall— (A) serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; (B) provide legal services only to the Inspector General of the National Security Agency; (C) prescribe professional rules of ethics and responsibilities for employees and officers of, and contractors to, the Office of the Inspector General of the National Security Agency; (D) perform such functions as the Inspector General may prescribe; and (E) serve at the discretion of the Inspector General. (3) Office of the General Counsel There is an Office of the General Counsel to the Inspector General of the National Security Agency. The Inspector General may appoint to the Office to serve as staff of the General Counsel such legal counsel as the Inspector General considers appropriate. (b) Testimony (1) Authority to compel The Inspector General of the National Security Agency is authorized to require by subpoena the attendance and testimony of former employees of the National Security Agency or contractors, former contractors, or former detailees to the National Security Agency as necessary in the performance of functions assigned to the Inspector General by this Act. (2) Refusal to obey A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (3) Notification The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. (c) Prohibitions on investigations for national security reasons (1) Evaluations of prohibitions Not later than 7 days after the date on which the Inspector General of the National Security Agency receives notice or a statement under section 8G(d)(2)(C) of the reasons the Secretary of Defense is prohibiting the Inspector General from initiating, carrying out, or completing any audit or investigation, the Inspector General shall submit to the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives and the Select Committee on Intelligence and the Committee on Armed Services of the Senate an evaluation of such notice or such statement. (2) Inclusion in semi-annual report The Inspector General shall include in the semiannual report prepared by the Inspector General in accordance with section 5(a) a description of the instances in which the Secretary of Defense prohibited the Inspector General from initiating, carrying out, or completing any audit or investigation during the period covered by such report. . V Security clearance reform 501. Continuous evaluation and sharing of derogatory information regarding personnel with access to classified information Section 102A(j) of the National Security Act of 1947 ( 50 U.S.C. 3024(j) ) is amended— (1) in the heading, by striking Sensitive Compartmented Information and inserting Classified Information ; (2) in paragraph (3), by striking ; and and inserting a semicolon; (3) in paragraph (4), by striking the period and inserting a semicolon; and (4) by adding at the end the following new paragraphs: (5) ensure that the background of each employee or officer of an element of the intelligence community, each contractor to an element of the intelligence community, and each individual employee of such a contractor who has been determined to be eligible for access to classified information is monitored on a continual basis under standards developed by the Director, including with respect to the frequency of evaluation, during the period of eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee to such a contractor to determine whether such employee or officer of an element of the intelligence community, such contractor, and such individual employee of such a contractor continues to meet the requirements for eligibility for access to classified information; and (6) develop procedures to require information sharing between elements of the intelligence community concerning potentially derogatory security information regarding an employee or officer of an element of the intelligence community, a contractor to an element of the intelligence community, or an individual employee of such a contractor that may impact the eligibility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee of such a contractor for a security clearance. . 502. Requirements for intelligence community contractors (a) Requirements Section 102A of the National Security Act of 1947 ( 50 U.S.C. 3024 ) is amended by adding at the end the following new subsection: (x) Requirements for intelligence community contractors The Director of National Intelligence, in consultation with the head of each department of the Federal Government that contains an element of the intelligence community and the Director of the Central Intelligence Agency, shall— (1) ensure that— (A) any contractor to an element of the intelligence community with access to a classified network or classified information develops and operates a security plan that is consistent with standards established by the Director of National Intelligence for intelligence community networks; and (B) each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards; (2) conduct periodic assessments of each security plan required under paragraph (1)(A) to ensure such security plan complies with the requirements of such paragraph; and (3) ensure that the insider threat detection capabilities and insider threat policies of the intelligence community apply to facilities of contractors with access to a classified network. . (b) Applicability The amendment made by subsection (a) shall apply with respect to contracts entered into or renewed after the date of the enactment of this Act. 503. Technology improvements to security clearance processing (a) In general The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall conduct an analysis of the relative costs and benefits of potential improvements to the process for investigating persons who are proposed for access to classified information and adjudicating whether such persons satisfy the criteria for obtaining and retaining access to such information. (b) Contents of analysis In conducting the analysis required by subsection (a), the Director of National Intelligence shall evaluate the costs and benefits associated with— (1) the elimination of manual processes in security clearance investigations and adjudications, if possible, and automating and integrating the elements of the investigation process, including— (A) the clearance application process; (B) case management; (C) adjudication management; (D) investigation methods for the collection, analysis, storage, retrieval, and transfer of data and records; and (E) records management for access and eligibility determinations; (2) the elimination or reduction, if possible, of the use of databases and information sources that cannot be accessed and processed automatically electronically, or modification of such databases and information sources, to enable electronic access and processing; (3) the use of government-developed and commercial technology for continuous monitoring and evaluation of government and commercial data sources that can identify and flag information pertinent to adjudication guidelines and eligibility determinations; (4) the standardization of forms used for routine reporting required of cleared personnel (such as travel, foreign contacts, and financial disclosures) and use of continuous monitoring technology to access databases containing such reportable information to independently obtain and analyze reportable data and events; (5) the establishment of an authoritative central repository of personnel security information that is accessible electronically at multiple levels of classification and eliminates technical barriers to rapid access to information necessary for eligibility determinations and reciprocal recognition thereof; (6) using digitally processed fingerprints, as a substitute for ink or paper prints, to reduce error rates and improve portability of data; (7) expanding the use of technology to improve an applicant’s ability to discover the status of a pending security clearance application or reinvestigation; and (8) using government and publicly available commercial data sources, including social media, that provide independent information pertinent to adjudication guidelines to improve quality and timeliness, and reduce costs, of investigations and reinvestigations. (c) Report to Congress Not later than 6 months after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on the analysis required by subsection (a). 504. Report on reciprocity of security clearances The head of the entity selected pursuant to section 3001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(b) ) shall submit to the appropriate committees of Congress a report each year through 2017 that describes for the preceding year— (1) the periods of time required by authorized adjudicative agencies for accepting background investigations and determinations completed by an authorized investigative entity or authorized adjudicative agency; (2) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is accepted by another agency; (3) the total number of cases in which a background investigation or determination completed by an authorized investigative entity or authorized adjudicative agency is not accepted by another agency; and (4) such other information or recommendations as the head of the entity selected pursuant to such section 3001(b) considers appropriate. 505. Improving the periodic reinvestigation process (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter until December 31, 2017, the Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Office of Personnel Management, shall transmit to the appropriate committees of Congress a strategic plan for updating the process for periodic reinvestigations consistent with a continuous evaluation program. (b) Contents The plan required by subsection (a) shall include— (1) an analysis of the costs and benefits associated with conducting periodic reinvestigations; (2) an analysis of the costs and benefits associated with replacing some or all periodic reinvestigations with a program of continuous evaluation; (3) a determination of how many risk-based and ad hoc periodic reinvestigations are necessary on an annual basis for each component of the Federal Government with employees with security clearances; (4) an analysis of the potential benefits of expanding the Government's use of continuous evaluation tools as a means of improving the effectiveness and efficiency of procedures for confirming the eligibility of personnel for continued access to classified information; and (5) an analysis of how many personnel with out-of-scope background investigations are employed by, or contracted or detailed to, each element of the intelligence community. (c) Periodic reinvestigations defined In this section, the term periodic reinvestigations has the meaning given that term in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a) ). 506. Appropriate committees of Congress defined In this title, the term appropriate committees of Congress means— (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (3) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives. VI Technical amendments 601. Technical amendments to the Central Intelligence Agency Act of 1949 Section 21 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3521 ) is amended— (1) in subsection (b)(1)(D), by striking section (a) and inserting subsection (a) ; and (2) in subsection (c)(2)(E), by striking provider. and inserting provider . 602. Technical amendments to the National Security Act of 1947 relating to the past elimination of certain positions Section 101(a) of the National Security Act of 1947 ( 50 U.S.C. 3021(a) ) is amended— (1) in paragraph (5), by striking the semicolon and inserting ; and ; (2) by striking paragraphs (6) and (7); (3) by redesignating paragraph (8) as paragraph (6); and (4) in paragraph (6) (as so redesignated), by striking the Chairman of the Munitions Board, and the Chairman of the Research and Development Board, . 603. Technical amendments to the Intelligence Authorization Act for Fiscal Year 2013 (a) Amendments Section 506 of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ; 126 Stat. 2478) is amended— (1) by striking Section 606(5) and inserting Paragraph (5) of section 605 ; and (2) by inserting , as redesignated by section 310(a)(4)(B) of this Act, before is amended . (b) Effective date The amendments made by subsection (a) shall take effect as if included in the enactment of the Intelligence Authorization Act for Fiscal Year 2013 ( Public Law 112–277 ). Passed the House of Representatives May 30, 2014. Karen L. Haas, Clerk.
https://www.govinfo.gov/content/pkg/BILLS-113hr4681eh/xml/BILLS-113hr4681eh.xml
113-hr-4682
I 113th CONGRESS 2d Session H. R. 4682 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Stewart (for himself and Ms. Gabbard ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for coordination between the TRICARE program and eligibility for making contributions to a health savings account. 1. Short title This Act may be cited as the Veterans TRICARE Choice Act . 2. Coordination between TRICARE program and eligibility to make contributions to health savings accounts (a) In general Section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) coverage under the TRICARE program under chapter 55 of title 10, United States Code, for any period with respect to which an election is in effect under section 1097d of such title providing that the individual is ineligible to be enrolled in (and receive benefits under) such program. . (b) Provisions relating to election of ineligibility under TRICARE (1) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1097c the following new section: 1097d. TRICARE program: Election of eligibility (a) Election A TRICARE-eligible individual may elect at any time to be ineligible to enroll in (and receive any benefits under) the TRICARE program. (b) Change of election (1) If a TRICARE-eligible individual makes an election described in subsection (a), the TRICARE-eligible individual may later elect to be eligible to enroll in the TRICARE program. An election made under this subsection may be made only during a special enrollment period. (2) The Secretary shall ensure that a TRICARE-eligible individual who makes an election described in subsection (a) may efficiently enroll in the TRICARE program pursuant to an election under paragraph (1), including by maintaining the individual, as appropriate, in the health care enrollment system under section 1099 of this title in an inactive manner. (c) Period of election If a TRICARE-eligible individual makes an election described in subsection (a), such election shall be in effect beginning on the date of such election and ending on the date that such individual makes an election under subsection (b)(1) to enroll in the TRICARE program. (d) Cross reference relating to health savings account participation For provision allowing participation in a health savings account in connection with coverage under a high deductible health plan during the period that the election under subsection (a) is in effect, see section 223(c)(1)(B)(iv) of the Internal Revenue Code of 1986. (e) Records The Secretary shall ensure that a TRICARE-eligible individual who makes an election described in subsection (a) is maintained on the Defense Enrollment Eligibility Reporting System, or successor system, regardless of whether the individual is eligible for the TRICARE program during the period of such election. (f) Definitions In this section: (1) The term TRICARE-eligible individual means an individual who is eligible to be a covered beneficiary entitled to health care benefits under the TRICARE program (determined without regard to this section). (2) The term special enrollment period means the period in which a beneficiary under the Federal Employees Health Benefits program under chapter 89 of title 5 may enroll in or change a plan under such program by reason of a qualifying event or during an open enrollment season. For purposes of this section, such qualifying events shall also include events determined appropriate by the Secretary of Defense, including events relating to a member of the armed forces being ordered to active duty. . (2) Conforming amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1097c the following new item: 1097d. TRICARE program: Election of eligibility. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4682ih/xml/BILLS-113hr4682ih.xml
113-hr-4683
I 113th CONGRESS 2d Session H. R. 4683 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Langevin introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXIX of the Public Health Service Act to reauthorize the program under such title relating to lifespan respite care. 1. Short title This Act may be cited as the Lifespan Respite Care Reauthorization Act of 2014 . 2. Findings Congress finds the following: (1) There are an estimated 62,000,000 family caregivers nationwide that provide care for loved ones with chronic, disabling health conditions across the lifespan. (2) The economic value of uncompensated family caregiving to the United States economy was estimated at $450,000,000,000 in 2009, more than total Medicaid spending of $366,000,000,000, including both Federal and State contributions for medical and long-term care in the same year. (3) While caring for the aging population remains a growing concern, more than half of care recipients are under age 75, and almost one-third are under age 50. (4) Respite provides temporary relief to caregivers from the ongoing responsibility of caring for individuals of all ages with special needs. (5) Respite care is the most frequently requested family support service. (6) Respite has been shown to provide family caregivers with the relief necessary to maintain their own health, balance work and family, bolster family stability, keep marriages intact, and avoid or delay more costly nursing home or foster care placements. (7) Delaying nursing home, institutional, or foster care placement of just one individual for several months can save Medicaid, child welfare, or other government programs tens of thousands of dollars. (8) The Lifespan Respite Care Act of 2006 was originally enacted to improve the delivery and quality of respite care services available to families across all age and disability groups by establishing coordinated lifespan respite systems. (9) Thirty-one States and the District of Columbia have received grants under the Lifespan Respite Care Act of 2006 to improve the availability and quality of respite services across the lifespan. (10) For the Nation’s wounded servicemembers and veterans with traumatic brain injuries and other conditions, respite systems could be an integral lifeline for families in their new roles as lifelong family caregivers. (11) The Department of Veterans Affairs and Congress have both acknowledged the unique challenges facing caregivers of returning servicemembers and veterans, as well as the need for increased caregiver services. (12) The increased utilization of, and costs to, long-term care systems requires the continued development of coordinated family support services like lifespan respite care. 3. Reauthorization of lifespan respite care program (a) Data collection and reporting Section 2904 of the Public Health Service Act ( 42 U.S.C. 290ii–3 ) is amended to read as follows: 2904. Data collection and reporting Each eligible State agency awarded a grant or cooperative agreement under section 2902 shall collect, maintain, and report such data and records at such times, in such form, and in such manner as the Secretary may require to enable the Secretary— (1) to monitor State administration of programs and activities funded pursuant to such grant or cooperative agreement; and (2) to evaluate, and to compare effectiveness on a State-by-State basis, of programs and activities funded pursuant to section 2902. . (b) Funding Section 2905 of the Public Health Service Act ( 42 U.S.C. 300ii–4 ) is amended by striking to carry out this title and all that follows and inserting to carry out this title $15,000,000 for each of fiscal years 2015 through 2019. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4683ih/xml/BILLS-113hr4683ih.xml
113-hr-4684
I 113th CONGRESS 2d Session H. R. 4684 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Stutzman introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for a notice and comment period before the Bureau of Consumer Financial Protection issues guidance, and for other purposes. 1. Short title This Act may be cited as the Bureau Guidance Transparency Act . 2. Standards for issuing guidance Section 1022(b) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5512(b) ) is amended by adding at the end the following: (5) Standards for issuing guidance In issuing any guidance, the Bureau shall— (A) provide for a public notice and comment period before issuing the guidance in final form; and (B) when issuing guidance in final form, make available to the public, including on the website of the Bureau, all studies, data, and other analysis relied on by the Bureau in preparing and issuing such guidance. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4684ih/xml/BILLS-113hr4684ih.xml
113-hr-4685
I 113th CONGRESS 2d Session H. R. 4685 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mrs. Capps (for herself, Ms. Brownley of California , and Mr. Farr ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate certain Federal lands in California as wilderness, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Central Coast Heritage Protection Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Designation of wilderness. Sec. 4. Designation of the Machesna Mountain Potential Wilderness. Sec. 5. Administration of wilderness. Sec. 6. Designation of wild and scenic rivers. Sec. 7. Designation of the Fox Mountain Potential Wilderness. Sec. 8. Designation of scenic areas. Sec. 9. Condor National Recreation Trail. Sec. 10. Forest Service study. Sec. 11. Nonmotorized recreation opportunities. Sec. 12. Use by members of Native American tribes. 2. Definitions In this Act: (1) Scenic areas The term scenic areas means the Condor Ridge Scenic Area and Black Mountain Scenic Area designated by this Act. (2) Secretary The term Secretary means— (A) with respect to lands managed by the Bureau of Land Management, the Secretary of the Interior; and (B) with respect to lands managed by the Forest Service, the Secretary of Agriculture. (3) State The term State means the State of California. 3. Designation of wilderness (a) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 35,619 acres, as generally depicted on the map entitled Caliente Mountain Wilderness Area—Proposed and dated ___, which shall be known as the Caliente Mountain Wilderness . (2) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 13,332 acres, as generally depicted on the map entitled Soda Lake Wilderness Area—Proposed and dated ___, which shall be known as the Soda Lake Wilderness . (3) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 12,585 acres, as generally depicted on the map entitled Temblor Range Wilderness Area—Proposed and dated ___, which shall be known as the Temblor Range Wilderness . (4) Certain land in the Los Padres National Forest comprising approximately 23,524 acres, as generally depicted on the map entitled Chumash Wilderness Area Additions—Proposed and dated ___, which shall be incorporated into and managed as part of the Chumash Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242). (5) Certain land in the Los Padres National Forest comprising approximately 54,609 acres, as generally depicted on the map entitled Dick Smith Wilderness Area Additions—Proposed and dated ___, which shall be incorporated into and managed as part of the Dick Smith Wilderness as designated by the California Wilderness Act of 1984 ( Public Law 98–425 ; 16 U.S.C. 1132 note). (6) Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 7,315 acres, as generally depicted on the map entitled Garcia Wilderness Area Additions—Proposed and dated ___, which shall be incorporated into and managed as part of the Garcia Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242). (7) Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 8,081 acres, as generally depicted on the map entitled Machesna Mountain Wilderness Area Additions—Proposed and dated ___, which shall be incorporated into and managed as part of the Machesna Mountain Wilderness as designated by the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note). (8) Certain land in the Los Padres National Forest comprising approximately 29,677 acres, as generally depicted on the map entitled Matilija Wilderness Area Additions—Proposed and dated ___, which shall be incorporated into and managed as part of the Matilija Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242). (9) Certain land in the Los Padres National Forest comprising approximately 24,131 acres, as generally depicted on the map entitled San Rafael Wilderness Area Additions—Proposed and dated ___, which shall be incorporated into and managed as part of the San Rafael Wilderness as designated by Public Law 90–271 (82 Stat. 51), the California Wilderness Act of 1984 ( Public Law 98–425 ; 16 U.S.C. 1132 note), and the Los Padres Condor Range and River Protection Act ( Public Law 102–301 ; 106 Stat. 242). (10) Certain land in the Los Padres National Forest comprising approximately 3,153 acres, as generally depicted on the map entitled Santa Lucia Wilderness Area Additions—Proposed and dated ___, which shall be incorporated into and managed as part of the Santa Lucia Wilderness as designated by the Endangered American Wilderness Act of 1978 (Public Law 95–237; 16 U.S.C. 1132 note). (11) Certain land in the Los Padres National Forest comprising approximately 14,795 acres, as generally depicted on the map entitled Sespe Wilderness Area Additions—Proposed and dated ___, which shall be incorporated into and managed as part of the Sespe Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242). (12) Certain land in the Los Padres National Forest comprising approximately 18,176 acres, as generally depicted on the map entitled Diablo Caliente Wilderness Area—Proposed and dated ____, which shall be known as the Diablo Caliente Wilderness . (b) Maps and legal descriptions (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas and wilderness additions designated by subsection (a) with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal description. (3) Public availability The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. 4. Designation of the Machesna Mountain Potential Wilderness (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), certain land in the Los Padres National Forest comprising approximately 2,174 acres, as generally depicted on the map entitled Machesna Mountain Potential Wilderness Area and dated _____ , is designated as the Machesna Mountain Potential Wilderness Area. (b) Map and legal description (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and a legal description of the Machesna Mountain Potential Wilderness Area (referred to in this section as the potential wilderness area ) with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Management Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (d) Trail use, construction, reconstruction, and realignment (1) In general In accordance with paragraph (2), the Secretary is authorized to reconstruct, realign, or reroute the Pine Mountain Trail. (2) Requirement In carrying out the reconstruction, realignment, or rerouting under paragraph (1), the Secretary shall— (A) comply with all existing laws (including regulations); and (B) to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the reconstruction, realignment, or rerouting with the least amount of adverse impact on wilderness character and resources. (3) Motorized vehicles and machinery In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail reconstruction, realignment, or rerouting authorized by this section. (4) Motorized and mechanized vehicles The Secretary may permit the use of motorized and mechanized vehicles on the existing Pine Mountain Trail in accordance with existing law (including regulations) and this section until such date as the potential wilderness area is designated wilderness in accordance with subsection (h). (e) Withdrawal Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Cooperative agreements In carrying out this section, the Secretary may enter into cooperative agreements with State, tribal, and local governmental entities and private entities to complete the trail reconstruction, realignment, or rerouting authorized by subsection (d). (g) Boundaries The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 150 feet of the centerline of the new location of any trail that has been reconstructed, realigned, or rerouted under subsection (d). (h) Wilderness designation (1) In general The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the date on which the Secretary publishes in the Federal Register notice that the trail reconstruction, realignment, or rerouting authorized by subsection (d) has been completed or 20 years after the date of the enactment of this Act, whichever comes sooner. (2) Administration of wilderness Upon designation as wilderness under this section, the potential wilderness area shall be— (A) incorporated into the Machesna Mountain Wilderness Area, as designated by the California Wilderness Act of 1984 ( Public Law 98–425 ; 16 U.S.C. 1132 note) and expanded by section 3; and (B) administered in accordance with section 5 and the Wilderness Act. 5. Administration of wilderness (a) In general Subject to valid existing rights, the wilderness areas and wilderness additions designated by section 3 shall be administered by the Secretary in accordance with this Act and the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered a reference to the Secretary that has jurisdiction over the land. (b) Fire management and related activities (1) In general The Secretary may take such measures in a wilderness area or wilderness addition designated by section 3 as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 98th Congress. (2) Funding priorities Nothing in this Act limits funding for fire and fuels management in the wilderness areas or wilderness additions designated by this Act. (3) Revision and development of local fire management plans As soon as practicable after the date of the enactment of this Act, the Secretary shall amend the local fire management plans that apply to the land designated as a wilderness area or wilderness addition by section 3. (4) Administration Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas or wilderness additions designated by section 3, the Secretary shall— (A) not later than 1 year after the date of the enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and (B) enter into agreements with appropriate State or local firefighting agencies. (c) Grazing The grazing of livestock in the wilderness areas and wilderness additions designated by section 3, if established before the date of the enactment of this Act, shall be permitted to continue, subject to such reasonable regulations as the Secretary considers necessary in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); (2) the guidelines set forth in Appendix A of House Report 101–405, accompanying H.R. 2570 of the 101st Congress for lands under the jurisdiction of the Secretary of the Interior; (3) the guidelines set forth in House Report 96–617, accompanying H.R. 5487 of the 96th Congress for lands under the jurisdiction of the Secretary of Agriculture; and (4) all other laws governing livestock grazing on Federal public lands. (d) Fish and wildlife (1) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this Act affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State. (2) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas and wilderness additions designated by section 3, if the management activities are— (A) consistent with relevant wilderness management plans; and (B) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101–405. (3) Wildlife water development projects Management activities to maintain water sources for wildlife may be carried out within wilderness areas designated by this Act and may include the use of motorized vehicles by the appropriate agencies and their designees if— (A) the water sources will, as determined by the Secretary, enhance wilderness values by promoting healthy and viable wildlife populations; and (B) the visual impacts of the water sources on the wilderness areas can reasonably be minimized. (e) Buffer zones (1) In general Congress does not intend for designation of wilderness by this Act to lead to the creation of protective perimeters or buffer zones around each wilderness area or wilderness addition. (2) Activities or uses up to boundaries The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. (f) Military activities Nothing in this Act precludes— (1) low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by section 3; (2) the designation of new units of special airspace over the wilderness areas or wilderness additions designated by section 3; or (3) the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by section 3. (g) Horses Nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a wilderness area or wilderness addition designated by section 3— (1) in accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ); and (2) subject to any terms and conditions determined to be necessary by the Secretary. (h) Withdrawal Subject to valid existing rights, the wilderness areas and wilderness additions designated by section 3 are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (i) Incorporation of acquired land and interests Any land within the boundary of a wilderness area or wilderness addition designated by section 3 that is acquired by the United States shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this section, the Wilderness Act ( 16 U.S.C. 1131 et seq. ), and any other applicable law. (j) Climatological data collection In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas and wilderness additions designated by section 3 if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. 6. Designation of wild and scenic rivers (a) Indian Creek, Mono Creek, and Matilija Creek, California Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (__) Indian Creek, California The following segments of Indian Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 9.5-mile segment of Indian Creek from its source in section 19, T7N, R26W to the Dick Smith Wilderness boundary, as a wild river. (B) The 1-mile segment of Indian Creek from the Dick Smith Wilderness boundary to 0.25 miles downstream of Road 6N24, as a scenic river. (C) The 3.9-mile segment of Indian Creek from 0.25 miles downstream of Road 6N24 to the southern boundary of section 32, T6N, R26W, as a wild river. (__) Mono Creek, California The following segments of Mono Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 4.2-mile segment of Mono Creek from its source in section 1, T7N, R26W, to 0.25 miles upstream of Don Victor Fire Road in section 28, T7N, R25W, as a wild river. (B) The 2.1-mile segment of Mono Creek from 0.25 miles upstream of the Don Victor Fire Road in section 28, T7N, R25W to 0.25 miles downstream of Don Victor Fire Road in section 34, T7N, R25W, as a recreational river. (C) The 14.7-mile segment of Mono Creek from 0.25 miles downstream of Don Victor Fire Road in section 34, T7N, R25W to the Ogilvy Ranch private property boundary in section 22, R26W, T6N, as a wild river. (D) The 3.5-mile segment of Mono Creek from the Ogilvy Ranch private property boundary to the southern boundary of section 33, T6N, R26N, as a recreational river. (__) Matilija Creek, California The following segments of Matilija Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 7.2-mile segment of the Matilija Creek from its source in section 25, T6N, R25W to the private property boundary in section 9, T5N, R24W, as a wild river. (B) The 7.25-mile segment of the Upper North Fork Matilija Creek from its source in section 36, T6N, R24W to the Matilija Wilderness boundary, as a wild river. . (b) Sespe Creek, California Section 3(a)(142) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(142) is amended to read as follows: (142) Sespe Creek, California The following segments of Sespe Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 2.7-mile segment of Sespe Creek from the private property boundary in section 10, T6N, R24W, to the Hartman Ranch private property boundary in section 14, T6N, R24W, as a wild river. (B) The 15-mile segment of Sespe Creek from the Hartman Ranch private property boundary in section 14, T6N, R24W, to the western boundary of section 6, T5N, R22W, as a recreational river. (C) The 6.1-miles segment of Sespe Creek from the western boundary of section 6, T5N, R22W, to the confluence with Trout Creek, as a scenic river. (D) The 28.6-mile segment of Sespe Creek from the confluence with Trout Creek to the southern boundary of section 35, T5N, R20W, as a wild river. . (c) Sisquoc River, California Section 3(a)(143) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(143) is amended to read as follows: (143) Sisquoc River, California The following segments of the Sisquoc River and its tributaries in the State of California, to be administered by the Secretary of Agriculture: (A) The 33-mile segment of the main stem of the Sisquoc River extending from its origin downstream to the Los Padres Forest boundary, as a wild river. (B) The 4.2-mile segment of the South Fork Sisquoc River from its source northeast of San Rafael Mountain in section 2, T7N, R28W to its confluence with the Sisquoc River, as a wild river. (C) The 10.4-mile segment of Manzana Creek from its source west of San Rafael Peak in section 4, T&N, R28W to the San Rafael Wilderness boundary upstream of Nira Campground, as a wild river. (D) The 0.6-mile segment of Manzana Creek from the San Rafael Wilderness boundary upstream of the Nira Campground to the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek, as a recreational river. (E) The 5.8-mile segment of Manzana Creek from the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek to the private property boundary in section 1, T8N, R30W, as a wild river. (F) The 3.8-mile segment of Manzana Creek from the private property boundary in section 1, T8N, R30W, to the confluence of the Sisquoc River, as a recreational river. (G) The 3.4-mile segment of Davy Brown Creek from its source west of Ranger Peak in section 32, T8N, R29W to 300 feet upstream of its confluence with Munch Canyon, as a wild river. (H) The 1.4-mile segment of Davy Brown Creek from 300 feet upstream of its confluence with Munch Canyon to its confluence with Manzana Creek, as a recreational river. (I) The 2-mile segment of Munch Canyon from its source north of Ranger Peak in section 33, T8N, R29W to 300 feet upstream of its confluence with Sunset Valley Creek, as a wild river. (J) The 0.5-mile segment of Munch Canyon from 300 feet upstream of its confluence with Sunset Valley Creek to its confluence with Davy Brown Creek, as a recreational river. (K) The 2.6-mile segment of Fish Creek from 500 feet downstream of Sunset Valley Road to its confluence with Manzana Creek, as a wild river. (L) The 1.5-mile segment of East Fork Fish Creek from its source in section 26, T8N, R29W to its confluence with Fish Creek, as a wild river. . (d) Piru creek, California Section 3(a)(199) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(199) ) is amended to read as follows: (199) Piru creek, California The following segments of Piru Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 9.1-mile segment of Piru Creek from its source in section 3, T6N, R22W, to the private property boundary in section 4, T6N, R21W, as a wild river. (B) The 17.2-mile segment of Piru Creek from the private property boundary in section 4, T6N, R21W, to 0.25 miles downstream of the Gold Hill Road, as a scenic river. (C) The 4.1-mile segment of Piru Creek from 0.25 miles downstream of Gold Hill Road to the confluence with Trail Canyon, as a wild river. (D) The 7.25-mile segment of Piru Creek from the confluence with Trail Canyon to the confluence with Buck Creek, as a scenic river. (E) The 3-mile segment of Piru Creek from 0.5 miles downstream of Pyramid Dam at the first bridge crossing to the boundary of the Sespe Wilderness, as a recreational river. (F) The 13-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the boundary of the Sespe Wilderness, as a wild river. (G) The 2.2-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the upper limit of Piru Reservoir, as a recreational river. . (e) Effect The designation of Piru Creek under subsection (a) shall not affect valid rights in existence on the date of the enactment of this Act. (f) Motorized use of trails Nothing in this section shall affect the motorized use of trails designated by the Forest Service for motorized use that are located adjacent to and crossing upper Piru Creek. 7. Designation of the Fox Mountain potential wilderness (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), certain land in the Los Padres National Forest comprising approximately 41,617 acres, as generally depicted on the map entitled Fox Mountain Potential Wilderness Area and dated __, is designated as the Fox Mountain Potential Wilderness Area. (b) Map and legal description (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of the Fox Mountain Potential Wilderness Area (referred to in this section as the potential wilderness area ) with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct any clerical and typographical errors in the map and legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Management Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (d) Trail use construction, reconstruction, and realignment (1) In general In accordance with paragraph (2), the Secretary of Agriculture is authorized to— (A) construct a new trail for use by hikers, equestrians, and mechanized vehicles that connects the Aliso Park Campground to the Bull Ridge Trail; and (B) reconstruct or realign the— (i) Bull Ridge Trail; and (ii) Rocky Ridge Trail. (2) Requirement In carrying out the construction, reconstruction, or alignment under paragraph (1), the Secretary shall— (A) comply with all existing laws (including regulations); and (B) to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the construction, reconstruction, or alignment with the least amount of adverse impact on wilderness character and resources. (3) Motorized vehicles and machinery In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail construction, reconstruction, or realignment authorized by this section. (4) Mechanized vehicles The Secretary may permit the use of mechanized vehicles on the existing Bull Ridge Trail and Rocky Ridge Trail in accordance with existing law (including regulations) and this section until such date as the potential wilderness area is designated wilderness in accordance with subsection (h). (e) Withdrawal Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Cooperative agreements In carrying out this section, the Secretary may enter into cooperative agreements with State, tribal, and local governmental entities and private entities to complete the trail construction, reconstruction, and realignment authorized by subsection (d). (g) Boundaries The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 50 feet of the centerline of the new location of any trail that has been constructed, reconstructed, or realigned under subsection (d). (h) Wilderness designation (1) In general The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the date on which the Secretary publishes in the Federal Register notice that the trail construction, reconstruction, or alignment authorized by subsection (d) has been completed or 20 years after the date of the enactment of this Act, whichever comes sooner. (2) Administration of wilderness Upon designation as wilderness under this section, the potential wilderness area shall be— (A) incorporated into the San Rafael Wilderness, as designated by Public Law 90–271 (82 Stat. 51), the California Wilderness Act of 1984 ( Public Law 98–425 ; 16 U.S.C. 1132 note), and the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242), and section 3; and (B) administered in accordance with section 5 and the Wilderness Act. 8. Designation of scenic areas (a) In general Subject to valid existing rights, there are established the following scenic areas: (1) Condor Ridge Scenic Area Certain land in the Los Padres National Forest comprising approximately 18,666 acres, as generally depicted on the map entitled Condor Ridge Scenic Area—Proposed and dated ___, which shall be managed as the Condor Ridge Scenic Area. (2) Black Mountain Scenic Area Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 15,846 acres, as generally depicted on the map entitled Black Mountain Scenic Area—Proposed and dated ___, which shall be managed as the Black Mountain Scenic Area. (b) Maps and legal descriptions (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of the Condor Ridge Scenic Area and Black Mountain Scenic Area with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct any clerical and typographical errors in the map and legal description. (3) Public availability The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (c) Purpose The purpose of the scenic areas is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the scenic areas. (d) Management (1) In general The Secretary shall administer the scenic areas— (A) in a manner that conserves, protects, and enhances the resources of the scenic areas; and (B) in accordance with— (i) this section; (ii) the Federal Land Policy and Management Act ( 43 U.S.C. 1701 et seq. ) for lands under the jurisdiction of the Secretary of the Interior; (iii) any laws (including regulations) relating to the National Forest System, for lands under the jurisdiction of the Secretary of Agriculture; and (iv) any other applicable law (including regulations). (2) Uses The Secretary shall only allow such uses of the scenic areas that the Secretary determines would further the purposes described in subsection (c). (e) Withdrawal Subject to valid existing rights, the Federal land in the scenic areas is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Prohibited uses The following shall be prohibited on the Federal land within the scenic areas: (1) Permanent roads. (2) Permanent structures. (3) Timber harvesting. (4) Transmission lines. (5) Except as necessary to meet the minimum requirements for the administration of the scenic areas and to protect public health and safety— (A) the use of motorized vehicles; or (B) the establishment of temporary roads. (6) Commercial enterprises, except as necessary for realizing the purposes of the scenic areas. (g) Wildfire, insect, and disease management Consistent with this section, the Secretary may take any measures in the scenic areas that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with the State or a local agency. 9. Condor National Recreation Trail (a) Purpose The purpose of the Condor National Recreation Trail is to provide a continual hiking trail corridor spanning the entire length of the Los Padres National Forest along the coastal mountains of Central California. The trail is named after the California Condor, a critically endangered bird species which lives along the extent of the Condor Trail within the National Forest. The trail will traverse a diversity of geography and communities through the southern and northern sections of the Los Padres National Forest. (b) Amendment Section 5(a) the National Trails System Act ( 16 U.S.C. 1244(a) ) is amended by adding the following: (31) Condor National Recreation Trail (A) In general The Condor National Recreation Trail, extending approximately ___ miles from Lake Piru to the Botchers Gap Campground in Monterey County corridor, as generally depicted on the map entitled Condor National Recreation Trail—Proposed and dated ____. (B) Administration The Condor National Recreation Trail (referred to in this section as the trail ) shall be administered by the Secretary of Agriculture, in consultation with— (i) other Federal, State, tribal, regional, and local agencies; (ii) private landowners; and (iii) other interested organizations. (C) Continual route In building new connectors, and realigning the existing trail, the Secretary shall provide for a continual route through the southern and northern Los Padres National Forest, promote recreational, wilderness and cultural values, enhance connectivity with the overall National Forest trail system, emphasize safe and continuous public access, dispersal from high-use areas, and suitable water sources, and, to the extent practicable, provide all-year use. (D) Private property rights (i) In general No portions of the trail may be located on non-Federal land without the written consent of the landowner. (ii) Prohibition The Secretary shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of land or interest in land. (iii) Effect Nothing in this section— (I) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or (II) modifies any provision of Federal, State, or local law with respect to public access to or use of private land. (E) Map The map referred to in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (F) Study (i) Study required Not later than 3 years after the date of the enactment of this paragraph, the Secretary of Agriculture shall submit to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate a study that describes the feasibility of, and alternatives for, connecting the northern and southern portions of the Los Padres National Forest using a trail corridor across the applicable portions of the Northern and Southern Santa Lucia Mountains of the Southern California Coastal Range. (ii) Additional requirement In completing the study required by clause (i), the Secretary of Agriculture shall consult with— (I) appropriate Federal, State, tribal, regional, and local agencies; (II) private landowners; (III) nongovernmental organizations; and (IV) members of the public. . (c) Cooperative agreements In carrying out this section, the Secretary may enter into cooperative agreements with State, tribal, and local government entitles and private entities to complete needed trail construction, reconstruction, and realignment projects authorized by this section. 10. Forest Service study Not later than 3 years after the date of the enactment of this Act, the Forest Service shall study the feasibility of opening a new trail, for vehicles measuring 50 inches or less, connecting Forest Service Highway 95 to the existing off-highway vehicle trail system in the Ballinger Canyon off-highway vehicle area. 11. Nonmotorized recreation opportunities Not later than 2 years after the date of the enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger districts. 12. Use by members of Native American tribes (a) Access The Secretary shall ensure that Indian tribes have access, in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), to the wilderness areas, scenic areas, and potential wilderness areas designated by this Act for traditional cultural and religious purposes.” . (b) Temporary closures (1) In general In carrying out this subsection, the Secretary, on request of an Indian tribe, may temporarily close to the general public 1 or more specific portions of a wilderness area, scenic area, and potential wilderness area designated by this Act to protect the privacy of the members of the Indian tribe in the conduct of traditional cultural and religious activities. (2) Requirement Any closure under paragraph (1) shall be— (A) made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out; and (B) be consistent with the purpose and intent of Public Law 95–341 ( 42 U.S.C. 1996 ), commonly referred to as the American Indian Religious Freedom Act, and the Wilderness Act ( 16 U.S.C. 1131 et seq. ).
https://www.govinfo.gov/content/pkg/BILLS-113hr4685ih/xml/BILLS-113hr4685ih.xml
113-hr-4686
I 113th CONGRESS 2d Session H. R. 4686 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Farenthold introduced the following bill; which was referred to the Committee on Natural Resources A BILL To remove from the John H. Chafee Coastal Barrier Resources System an area included in Unit TX–15P in Texas, and for other purposes. 1. Removal from John H. Chafee Coastal Barrier Resources System of area included in Texas System Unit P–15 The Secretary of the Interior shall, by not later than 30 days after the date of the enactment of this Act, revise maps referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) as necessary to remove from Texas System Unit P–15 the area known as Preserve at Mustang Island, also known as Tortuga Dunes on Mustang Island, in Nueces County Texas.
https://www.govinfo.gov/content/pkg/BILLS-113hr4686ih/xml/BILLS-113hr4686ih.xml
113-hr-4687
I 113th CONGRESS 2d Session H. R. 4687 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Ms. Hahn introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 49, United States Code, to provide for the inspection of pipeline facilities that are transferred by sale and pipeline facilities that are abandoned, and for other purposes. 1. Short title This Act may be cited as the Pipeline Inspection Enforcement Act of 2014 . 2. Pipeline inspections (a) In general Section 60108 of title 49, United States Code, is amended by adding at the end the following: (e) Inspection of transferred pipeline facilities With respect to a pipeline facility that is transferred by sale, the Secretary shall require by regulation that— (1) not later than 180 days after the date of the sale, the person purchasing the facility conduct an inspection of the facility to confirm the status of any pipeline listed as active or abandoned; and (2) the regulatory authority responsible for inspections of the facility ensure that the inspection described in paragraph (1) is conducted. (f) Inspection of abandoned pipeline facilities With respect to a pipeline facility that newly lists a pipeline as abandoned, the Secretary shall require by regulation that the regulatory authority responsible for inspections of the facility, together with the person owning or operating the facility, conduct an inspection of the facility to confirm the status of the pipeline as abandoned. . (b) Applicability The amendment made by subsection (a) shall apply to a pipeline facility that is transferred or listed as abandoned after the date of enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4687ih/xml/BILLS-113hr4687ih.xml
113-hr-4688
I 113th CONGRESS 2d Session H. R. 4688 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Keating introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide appropriate recognition for the survivors of members of the Armed Forces who die while serving on certain active or reserve duty, to expand the availability of the Gold Star Installation Access Card for survivors of deceased members of the Armed Forces, and to extend commissary store and exchange store and other MWR retail facility benefits to the parents of such members. 1. Short title This Act may be cited as the Gold Star Families Equality Act . 2. Lapel button for next of kin of deceased members of the Armed Forces (a) Service-Wide adoption of next of kin lapel button Section 1126 of title 10, United States Code, is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (a) the following new subsections: (b) A lapel button, to be known as the lapel button for next of kin of deceased members of the armed forces, shall be designed, as approved by the Secretary of Defense, to identify widows, parents, and next of kin of members of the armed forces who die, under circumstances not prescribed by subsection (a), while serving on active duty or while assigned to a reserve component in a drill status. (c) Under regulations to be prescribed by the Secretary of Defense, the Secretary concerned, upon application to the Secretary, shall furnish— (1) one gold star lapel button without cost to the widow and to each parent and next of kin of a member who lost or loses his or her life under any circumstances prescribed in subsection (a); and (2) one lapel button for next of kin of deceased members to the widow and to each parent and next of kin of a member who lost or loses his or her life under the circumstances prescribed in subsection (b). . (b) Conforming amendments Subsection (d) of section 1126 of title 10, United States Code, as redesignated by subsection (a)(2), is amended by inserting or lapel button for next of kin of deceased members after gold star lapel button both places it appears. (c) Use of existing design The design of the lapel button for the next of kin of deceased members of the Armed Forces required by subsection (b) of section 1126 of title 10, United States Code, as added by subsection (a)(3), shall be based on the design of such a lapel button provided by the Secretary of the Army to certain survivors of deceased members of the Army, including the Army Reserve and the Army National Guard, pursuant to Army regulation 600–6–18, as in effect on the date of the enactment of this Act. (d) Retroactive availability The lapel button for the next of kin of deceased members of the Armed Forces required by subsection (b) of section 1126 of title 10, United States Code, as added by subsection (a)(3), shall be available to provide appropriate recognition for the survivors of members of the Armed Forces who have died since September 10, 2001. 3. Gold Star Installation Access Card (a) Service-Wide adoption of access card The Secretary of each military department and the Secretary of the Department in which the Coast Guard is operating (in this section referred to as the Secretary concerned ) shall provide for the issuance of a Gold Star Installation Access Card to Gold Star family members who are the survivors of deceased members of the Armed Forces under the jurisdiction of the Secretary concerned to expedite the ability of a Gold Star family member to gain unescorted access to military installations for the purpose of obtaining the on-base services and benefits for which the Gold Star family member is entitled or eligible. (b) Service-Wide acceptance of access card The Secretaries concerned shall work jointly to ensure that a Gold Star Installation Access Card issued to a Gold Star family member by one Armed Force is accepted for access to military installations of another Armed Force. (c) Protection of installation security In developing, issuing, and accepting the Gold Star Installation Access Card, the Secretary concerned may take such measures as the Secretary concerned considers necessary— (1) to prevent fraud in the procurement or use of the Gold Star Installation Access Card; (2) to limit installation access to those areas that provide the services and benefits for which the Gold Star family member is entitled or eligible; and (3) to ensure that the availability and use of the Gold Star Installation Access Card does not adversely affect military installation security. (d) Implementation Not later than 180 days after the date of the enactment of this Act, the Secretaries concerned shall complete implementation of this section. (e) Gold Star family member defined In this section, the term Gold Star family member means a person who has received a Gold Star Lapel Button or a Lapel Button for the Next of Kin of Deceased Members of the Armed Forces under section 1126 of title 10, United States Code. 4. Use of commissary stores and MWR retail facilities by parents of deceased members of the Armed Forces (a) Use authorized The Secretary of each military department and the Secretary of the Department in which the Coast Guard is operating shall prescribe such regulations as may be necessary to ensure that a parent of a deceased member of the Armed Forces who receives a Gold Star Lapel Button or a Lapel Button for the Next of Kin of Deceased Members of the Armed Forces under section 1126 of title 10, United States Code, is permitted to use commissary stores and MWR retail facilities on the same basis as any surviving spouse or child of the member. (b) Definitions In this section: (1) The term MWR retail facilities means exchange stores and other revenue generating facilities operated by nonappropriated fund activities of the Department of Defense or the department in which the Coast Guard is operating for the morale, welfare, and recreation of members of the Armed Forces. (2) The term parent includes mother, father, stepmother, stepfather, mother through adoption, father through adoption, or foster parent who stood in loco parentis.
https://www.govinfo.gov/content/pkg/BILLS-113hr4688ih/xml/BILLS-113hr4688ih.xml
113-hr-4689
I 113th CONGRESS 2d Session H. R. 4689 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Kline introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require a plan approved by the Surface Transportation Board for the long-term storage of rail cars on certain railroad tracks. 1. Storage of rail cars (a) Amendment Chapter 109 of title 49, United States Code, is amended by adding at the end the following new section: 10911. Storage of rail cars (a) Requirement of storage plan (1) General rule A rail carrier providing transportation subject to the jurisdiction of the Board under this part who has stored any rail cars, including rail cars that it owns or leases, on tracks described in paragraph (2) for a period of 3 years or more and continues to store such cars on such tracks on the date of enactment of this section shall submit to the Board a plan for such storage under subsection (b). (2) Covered tracks Tracks referred to in paragraph (1) are tracks passing through an area zoned for commercial or residential use that were designed or previously used for through transportation of trains, and do not include rail yard or storage yard tracks. (b) Plan (1) Contents A plan submitted to the Board under subsection (a)(1) shall contain— (A) an explanation of the rail carrier’s reasons for the storage of rail cars on the tracks specified in the plan, including an explanation of why no suitable alternative site for storage of the rail cars exists; (B) a description of the tracks on which the rail cars are stored or will be stored, including the proximity of such tracks to a home or school; (C) evidence that the rail carrier has worked with the relevant local community to develop measures described in subparagraphs (D) and (E); (D) a description of measures to be undertaken to ensure that the rail car storage will not jeopardize the public safety for the duration of the period to which the plan applies; (E) a description of measures to be undertaken to mitigate any impacts of the long-term storage of rail cars on the community through which the tracks pass; and (F) an estimated timeline for the final disposition of the rail cars to be stored on the specified tracks. (2) Approval Not later than 6 months after receiving a complete plan under this section, the Board, after public notice and an opportunity for public comment, shall approve or disapprove the plan. The Board shall approve the plan unless the Board determines that the storage of rail cars covered by the plan jeopardizes public safety, including the safety of children. Any such determination shall be based on information provided in the plan, by the local community, or otherwise through public comment. (c) Authority (1) General rule Except as provided in paragraph (2), a rail carrier providing transportation subject to the jurisdiction of the Board under this part may store rail cars as described in subsection (a) only in accordance with a plan for such storage approved by the Board under subsection (b)(2). (2) Interim authority (A) In general Except as provided in subparagraph (B), the Board shall authorize the temporary storage of rail cars as described in subsection (a) for a period before a plan has been approved under subsection (b)(2) if the Board determines that a plan for such storage has been submitted, or is being prepared for submittal in a timely manner, for approval under subsection (b). (B) Exception The Board shall not authorize temporary storage under this paragraph if the Board finds, on its own initiative or pursuant to information provided by the local community, that such storage poses a significant safety hazard, including to the safety of children. (d) Enforcement (1) Petitions The Board shall establish procedures to enable a local governmental entity to petition the Board to enforce this section. (2) Penalties Each rail car with respect to which a violation of this section has occurred shall be considered a separate violation for purposes of section 11901(a). . (b) Table of sections The table of sections for such chapter is amended by adding at the end the following new item: 10911. Storage of rail cars. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4689ih/xml/BILLS-113hr4689ih.xml
113-hr-4690
I 113th CONGRESS 2d Session H. R. 4690 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Lynch introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the National Emergency Medical Services Memorial Foundation to establish a memorial in the District of Columbia and its environs, and for other purposes. 1. Findings Congress finds as follows: (1) Each year, in every corner of the Nation, the 850,000 men and women of emergency medical services answer more than 30,000,000 calls to serve 22,000,000 patients in need of pre-hospital care and comfort at a moment’s notice and without reservation. This commitment to others exemplifies the highest traditions of American spirit. (2) As an element of the emergency services sector, emergency medical services stands on the Nation’s first line of defense in the prevention and mitigation of risk from terrorist attacks, man-made incidents, and natural disasters. The men and women of emergency medical services, serving in both the public and private sectors as career and volunteer emergency medical service providers, are a critical element of the Nation’s homeland and national security efforts and provide for the domestic tranquility of its citizens. (3) Statistics compiled by the United States Department of Labor and the National Highway Safety Administration indicate that emergency medical services providers die in the line of duty at a rate more than twice the national average for all occupational fatality and 7 times higher from violence than all other health care workers in service to the Nation. (4) We as a Nation have historically and continually rely on the selfless and ultimate sacrifice made by more than 600 members of the Nation’s emergency medical services, their families, and loved ones in order to maintain the domestic tranquility, safety, and security of this great Nation. 2. Authorization to establish memorial (a) In general The National Emergency Medical Services Memorial foundation may establish the National Emergency Medical Services Memorial as a commemorative work on Federal land in the District of Columbia to honor the commitment and ultimate sacrifice of emergency medical service providers. (b) Compliance With Standards for Commemorative Works The memorial shall be established in accordance with chapter 89 of title 40, United States Code. (c) Prohibition on the Use of Federal Funds The United States shall not pay any expense of the establishment of the memorial. (d) Definitions For purposes of this section— (1) the term memorial means the memorial authorized to be established under subsection (a); and (2) the term District of Columbia has the meaning given to the term District of Columbia and its environs by section 8902 of title 40, United States Code.
https://www.govinfo.gov/content/pkg/BILLS-113hr4690ih/xml/BILLS-113hr4690ih.xml
113-hr-4691
I 113th CONGRESS 2d Session H. R. 4691 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Mr. Paulsen (for himself and Mr. Danny K. Davis of Illinois ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify the tax rate for excise tax on investment income of private foundations. 1. Modification of the tax rate for the excise tax on investment income of private foundations (a) In general Section 4940(a) of the Internal Revenue Code of 1986 is amended by striking 2 percent and inserting 1 percent . (b) Elimination of reduced tax where foundation meets certain distribution requirements Section 4940 of such Code is amended by striking subsection (e). (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4691ih/xml/BILLS-113hr4691ih.xml
113-hr-4692
I 113th CONGRESS 2d Session H. R. 4692 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Ms. Pingree of Maine introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to conduct coastal community vulnerability assessments related to ocean acidification, and for other purposes. 1. Short title This Act may be cited as the Coastal Communities Ocean Acidification Act of 2014 . 2. Coastal community vulnerability assessment (a) In general Section 12406 of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3705) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and after the semicolon; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) includes an ongoing mechanism that allows affected industry members, coastal stakeholders, non-federal resource managers, and outside scientific experts to provide input on research, data, and monitoring needs that are necessary to support on-the-ground management, decisionmaking, and adaptation related to ocean acidification and its impacts. ; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Community vulnerability assessment (1) In general The Secretary, through the program established under subsection (a), shall conduct an ocean acidification coastal community vulnerability assessment, and issue a corresponding public report, that shall be updated at least once every 5 years. (2) Requirements The assessment conducted under paragraph (1) shall— (A) identify the United States coastal communities, including island communities, low-population rural communities, and subsistence communities, that are most dependent on coastal and ocean resources that may be impacted by ocean acidification; (B) assess the nature of those communities’ social and economic vulnerabilities; (C) identify the ocean acidification impacts that might harm those communities, including impacts from changes in ocean and coastal marine resources that are not managed by the Federal Government; (D) identify key knowledge gaps where research could be devoted to better understand the possible impacts of ocean acidification on these vulnerable communities, the risks and threats facing these communities, and possible adaptation strategies for these communities; and (E) be conducted in collaboration with experts who are familiar with the unique economic, social, ecological, geographic, and resource concerns of the Nation’s coastal communities, including representatives from the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, and Coastal Services Center. . (b) Strategic research plan Section 12405(b) of the Federal Ocean Acidification Research And Monitoring Act of 2009 (33 U.S.C. 3704(b)) is amended— (1) in paragraph (8), by striking and after the semicolon; (2) in paragraph (9), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) make recommendations for research that should be conducted, including in the social sciences and economics, to address the key knowledge gaps identified in the community vulnerability assessment report conducted under subsection (b) of section 12406. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4692ih/xml/BILLS-113hr4692ih.xml
113-hr-4693
I 113th CONGRESS 2d Session H. R. 4693 IN THE HOUSE OF REPRESENTATIVES May 20, 2014 Ms. Tsongas (for herself, Mr. Sam Johnson of Texas , Mr. Tiberi , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on House Administration , 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 award a gold medal on behalf of the Congress to the U.S. Air Forces Escape and Evasion Society, in recognition of the ceaseless efforts of American aircrew members to escape captivity and evade capture by the enemy forces in occupied countries during our foreign wars, and the brave resistance organizations and patriotic nationals of those foreign countries who assisted them. 1. Short title This Act may be cited as the U.S. Air Forces Escape and Evasion Society Recognition Act of 2014 . 2. Findings The Congress finds the following: (1) During nearly all foreign wars, members of our Air Force have been forced to eject, crash land, or abandon their aircraft in an occupied country or territory (referred to in this Act as downed aircrew members ). (2) Those downed aircrew members had to evade capture by enemy forces, oftentimes while suffering from critical injuries. (3) Of the downed aircrew members that were captured, many escaped from the enemy force that was holding them. (4) Many times, downed aircrew members were aided in evasion and escape by resistance organizations and patriotic nationals in those occupied countries. (5) Thousands of brave, ordinary people in the occupied countries took extraordinary risks at huge costs to help these aircrew members. (6) Each downed aircrew member’s story is different; however, the narrative for each member has one common thread: American aircrew members evading capture or escaping captivity with the assistance of brave people living in an occupied country. (7) In 1964, the U.S. Air Forces Escape and Evasion Society (AFEES) was created by the downed aircrew members who evaded capture by enemy forces during foreign wars with the assistance of resistance organizations and patriotic nationals in occupied countries. (8) AFEES includes downed aircrew members and people who directly aided them in escape and evasion, and has more than 600 members, including members from World War II, the Korean War, and the Vietnam War. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration to the U.S. Air Forces Escape and Evasion Society, in recognition of the ceaseless efforts of American aircrew members to escape captivity and evade capture by the enemy forces in occupied countries during our foreign wars, and the brave resistance organizations and patriotic nationals of those foreign countries who assisted them. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and available for research. (2) Sense of the Congress It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the U.S. Air Forces Escape and Evasion Society, and that preference should be given to locations affiliated with the Smithsonian Institution. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
https://www.govinfo.gov/content/pkg/BILLS-113hr4693ih/xml/BILLS-113hr4693ih.xml
113-hr-4694
I 113th CONGRESS 2d Session H. R. 4694 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. DeFazio (for himself and Ms. Hanabusa ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Claims Resolution Act of 2010 to authorize the Secretary of the Interior to contract with eligible Indian tribes to manage land buy-back programs, to require that certain amounts be deposited into interest bearing accounts, and for other purposes. 1. Tribal land buy-back programs Section 101(e) of the Claims Resolution Act of 2010 ( Public Law 111–291 ; 124 Stat. 3067) is amended by adding at the end the following: (6) Tribal land buy-back programs The Secretary may enter into contracts under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ) with any eligible Indian tribe to carry out activities related to that Indian tribe under the Land Consolidation Program. . 2. Interest bearing account Section 101(e)(1)(C) ( Public Law 111–291 ; 124 Stat. 3067) of the Claims Resolution Act of 2010 is amended by adding at the end the following: (iii) Interest bearing account (I) In general Not later than 90 days after the date of the enactment of this clause, the Secretary shall invest the amounts remaining in the Trust Land Consolidation Fund into public debt securities with maturities suitable to the needs of that Fund, as determined by the Secretary of the Treasury, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. Once the amounts are invested pursuant to this clause, the funds shall be deemed to have been used to conduct the Land Consolidation Program and for other costs associated with the Settlement for the purposes of subparagraph (B). (II) Use of amounts earned in interest Funds invested under this clause and interest on those funds shall be used for the purposes for which the Trust Land Consolidation Fund was established. . 3. Timing of payments and responsibility Section 101(j)(3) of the Claims Resolution Act of 2010 ( Public Law 111–291 ; 124 Stat. 3069) is amended— (1) by striking Payments and inserting Payments and Responsibility ; (2) by striking The payments and inserting the following: (A) In general The payments ; and (3) by adding at the end the following: (B) Responsibility and completion date The Secretary of the Interior shall remain responsible for ensuring that all payments under this section are made to beneficiaries by not later than 1 year after the date of the enactment of this subparagraph. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4694ih/xml/BILLS-113hr4694ih.xml
113-hr-4695
I 113th CONGRESS 2d Session H. R. 4695 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Burgess (for himself and Mr. Rush ) 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 add sleep apnea screening to the initial preventive physical examination under the Medicare program. 1. Adding sleep apnea screening to the initial preventive physical examination under the Medicare program (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (ww)(2), by adding at the end the following new subparagraph: (O) Sleep apnea screening (as defined in subsection (iii)). ; and (2) by adding at the end the following new subsection: (iii) Sleep A pnea S creening The term sleep apnea screening means, with respect to an individual, a determination based upon information that is obtained with respect to the individual through an appropriate questionnaire as to whether the individual is at high risk for obstructive sleep apnea. Such determination shall be evidence-based and shall be made in accordance with recognized clinical guidelines or such other guidelines as the Secretary determines appropriate in consultation with appropriate medical organizations. . (b) Effective date The amendments made by subsection (a) apply to initial preventive physical examinations performed on or after January 1, 2016.
https://www.govinfo.gov/content/pkg/BILLS-113hr4695ih/xml/BILLS-113hr4695ih.xml
113-hr-4696
I 113th CONGRESS 2d Session H. R. 4696 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Gerlach (for himself, Mr. Kind , Mr. Kelly of Pennsylvania , and Mr. Peters of Michigan ) 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 for startup businesses to use a portion of the research and development credit to offset payroll taxes. 1. Short title This Act may be cited as the Startup Innovation Credit Act of 2014 . 2. Treatment of research credit for certain startup companies (a) In general Section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Treatment of credit for qualified small businesses (1) In general At the election of a qualified small business for any taxable year, section 3111(f) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 280C) as a credit determined under subsection (a). (2) Payroll tax credit portion For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualified small business for any taxable year is the least of— (A) the amount specified in the election made under this subsection, (B) the credit determined under subsection (a) for the taxable year (determined before the application of this subsection), or (C) in the case of a qualified small business other than a partnership or S corporation, the amount of the business credit carryforward under section 39 carried from the taxable year (determined before the application of this subsection to the taxable year). (3) Qualified small business For purposes of this subsection— (A) In general The term qualified small business means, with respect to any taxable year— (i) a corporation or partnership, if— (I) the gross receipts (as determined under the rules of section 448(c)(3), without regard to subparagraph (A) thereof) of such entity for the taxable year is less than $5,000,000, and (II) such entity did not have gross receipts (as so determined) for any taxable year preceding the 5-taxable-year period ending with such taxable year, and (ii) any person (other than a corporation or partnership) who meets the requirements of subclauses (I) and (II) of clause (i), determined— (I) by substituting person for entity each place it appears, and (II) by only taking into account the aggregate gross receipts received by such person in carrying on all trades or businesses of such person. (B) Limitation Such term shall not include an organization which is exempt from taxation under section 501. (4) Election (A) In general Any election under this subsection for any taxable year— (i) shall specify the amount of the credit to which such election applies, (ii) shall be made on or before the due date (including extensions) of— (I) in the case of a qualified small business which is a partnership, the return required to be filed under section 6031, (II) in the case of a qualified small business which is an S corporation, the return required to be filed under section 6037, and (III) in the case of any other qualified small business, the return of tax for the taxable year, and (iii) may be revoked only with the consent of the Secretary. (B) Limitations (i) Amount The amount specified in any election made under this subsection shall not exceed $250,000. (ii) Number of taxable years A person may not make an election under this subsection if such person (or any other person treated as a single taxpayer with such person under paragraph (5)(A)) has made an election under this subsection for 5 or more preceding taxable years. (C) Special rule for partnerships and S corporations In the case of a qualified small business which is a partnership or S corporation, the election made under this subsection shall be made at the entity level. (5) Aggregation rules (A) In general Except as provided in subparagraph (B), all persons or entities treated as a single taxpayer under subsection (f)(1) shall be treated as a single taxpayer for purposes of this subsection. (B) Special rules For purposes of this subsection and section 3111(f)— (i) each of the persons treated as a single taxpayer under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and (ii) the $250,000 amount under paragraph (4)(B)(i) shall be allocated among all persons treated as a single taxpayer under subparagraph (A) in the same manner as under subparagraph (A)(ii) or (B)(ii) of subsection (f)(1), whichever is applicable. (6) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including— (A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this subsection through the use of successor companies or other means, (B) regulations to minimize compliance and recordkeeping burdens under this subsection, and (C) regulations for recapturing the benefit of credits determined under section 3111(f) in cases where there is a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended income tax returns in the cases where there is such an adjustment. . (b) Credit allowed against FICA taxes Section 3111 of such Code is amended by adding at the end the following new subsection: (f) Credit for research expenditures of qualified small businesses (1) In general In the case of a taxpayer who has made an election under section 41(i) for a taxable year, there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section 41(i)(4)(A)(ii) an amount equal to the payroll tax credit portion determined under section 41(i)(2). (2) Limitation The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. (3) Carryover of unused credit If the amount of the credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. (4) Deduction allowed for credited amounts The credit allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a). . (c) Effective date The amendments made by this section shall apply to credits determined for taxable years beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4696ih/xml/BILLS-113hr4696ih.xml
113-hr-4697
I 113th CONGRESS 2d Session H. R. 4697 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. McCarthy of California introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Securities and Exchange Commission to revise the definition of a well-known seasoned issuer to reduce the worldwide market value threshold under the definition. 1. Short title This Act may be cited as the Small-Cap Access to Capital Act . 2. Definition of well-known seasoned issuer Not later than 60 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise its definition of a well-known seasoned issuer under section 230.405 of title 17, Code of Federal Regulations, to reduce the dollar amount under paragraph (1)(i)(A) of such definition (relating to worldwide market value of outstanding voting and non-voting common equity held by non-affiliates) from $700 million to $250 million and to prohibit an emerging growth company from qualifying as a well-known seasoned issuer.
https://www.govinfo.gov/content/pkg/BILLS-113hr4697ih/xml/BILLS-113hr4697ih.xml
113-hr-4698
I 113th CONGRESS 2d Session H. R. 4698 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Palazzo (for himself, Mr. Harper , Mr. Franks of Arizona , Mrs. Bachmann , Mr. Jones , Mr. Gowdy , Mr. Long , Mr. Kelly of Pennsylvania , Mr. Pompeo , Mr. Huizenga of Michigan , Mr. Miller of Florida , Mr. Nunnelee , Mrs. Black , Mr. Fleming , Mr. Brady of Texas , Mr. Scalise , Mr. Pitts , Mr. Lipinski , Mr. Woodall , Mr. Stockman , Mr. Stutzman , Mr. Harris , Mr. Weber of Texas , Mr. Marino , Mr. Flores , Mr. Smith of New Jersey , Mr. Huelskamp , Mr. Pittenger , Mr. Barton , Mr. Conaway , Mr. Lamborn , Mr. Chabot , and Mr. McHenry ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit recovery of damages in certain wrongful birth and wrongful life civil actions, and for other purposes. 1. Short title This Act may be cited as the Every Child is a Blessing Act of 2014 . 2. Prohibition of recovery in certain wrongful life and wrongful birth civil actions (a) General rule Except as otherwise provided in this section, a person may not recover damages in any designated civil action (as defined in subsection (d)) based on a claim that, but for the conduct of the defendant, a child, once conceived, would not or should not have been born. (b) Application to certain claims Subsection (a) applies, among others, to a claim based in whole or in part on disability, defect, abnormality, race, sex, or other inborn characteristic of the child. (c) Rule of construction Subsection (a) shall not be construed— (1) to provide a defense against charges of intentional misrepresentation in any proceeding under State law regulating the professional practices of health care providers and practitioners; (2) to provide a defense in any criminal action, including cases of rape or incest; or (3) to limit the recovery of damages in cases where the conduct of the defendant caused personal injury or death to the child or gestational mother. (d) Definitions In this section— (1) the term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States; and (2) the term designated civil action means a civil action, in Federal or State court— (A) arising under Federal law; or (B) based on a claim involving health care services affecting interstate or foreign commerce.
https://www.govinfo.gov/content/pkg/BILLS-113hr4698ih/xml/BILLS-113hr4698ih.xml
113-hr-4699
I 113th CONGRESS 2d Session H. R. 4699 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Ms. DelBene (for herself, Ms. McCollum , and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to require the Secretary of Commerce to prepare and submit to Congress a report and recommendations to promote the sustained economic development of Indian tribes and Indian lands. 1. Short title This Act may be cited as the Indian Country Economic Revitalization Act of 2014 . 2. Findings Congress finds the following: (1) In 2000, the Native American Business Development, Trade Promotion, and Tourism Act (Public Law 106–464; 25 U.S.C. 4301 et seq. ) identified the need for the Federal Government to promote long-range economic development of Indian lands. (2) This law established within the Department of Commerce an office to coordinate Federal programs related to Indian economic development, promote the international trade and export of Indian goods and services, and conduct intertribal tourism demonstration projects. (3) To have additional impact, this law should be amended to expand Federal support for the economic development of Indian tribes and Indian lands. (4) Recent fiscal priorities of the Federal Government have negatively impacted Indian tribes as well as others due to their dependence upon Federal funds. (5) The Federal Government has a trust responsibility to Indian tribes and should support tribal-owned enterprises and Indian-owned businesses by preparing recommendations for Congress on improved statutory measures that support the development of sustainable tribal economies. 3. Report and recommendations to Congress on tribal economic development The Native American Business Development, Trade Promotion, and Tourism Act of 2000 (Public Law 106–464; 25 U.S.C. 4301 et seq. ) is amended— (1) by redesignating section 8 as section 9; and (2) by inserting after section 7 the following new section: 8. Report and recommendations to Congress on tribal economic development (a) Reporting Requirement Not later than 1 year after the date of the enactment of the Indian Country Economic Revitalization Act of 2014, and every 3 years thereafter, the Secretary of Commerce shall prepare and submit to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate a report and recommendations for promoting the sustained growth of the economies of Indian tribes and Indian lands. In conducting the reports under this section, the Secretary of Commerce shall consult with— (1) the Secretary of the Treasury; (2) the Secretary of the Interior; (3) the Secretary of Agriculture; (4) the Administrator of the Small Business Administration; (5) the Board of Governors of the Federal Reserve System; (6) the heads of other Federal agencies as determined by the Secretary of Commerce; (7) the White House Council on Native American Affairs; and (8) Indian tribes. (b) Contents of Report Each report prepared under subsection (a) shall include the following: (1) Data on Indian business development and employment during the 3-year period immediately preceding the date of the submission of the report, except that the first such report shall include data for the 10-year period immediately preceding the date of the submission of such report. Such data shall include, at a minimum— (A) data from each decennial census conducted by the Bureau of the Census for the period covered by the report; and (B) relevant data voluntarily provided by Indian tribes, Indian-owned businesses, and other tribal business entities. (2) An assessment of existing structural advantages and barriers to the economic development of Indian tribes and Indian lands, including an analysis of the economic effect on Indian tribes and Indian lands of the following: (A) Federal judicial decisions and administrative actions authorizing the application of laws of general applicability to economic development activities occurring on Indian lands, in places with respect to which Congress has not expressly authorized such application. (B) Federal judicial decisions and actions by the Internal Revenue Service authorizing the taxation of Indian income and economic development activities within Indian lands in places with respect to which Federal law does not expressly authorize such taxation. (C) Tax incentives in the Internal Revenue Code of 1986, including wage credits, accelerated depreciation deductions, tax-exempt bonds, and new market tax credits, including an assessment of how additional new tax incentives such as tribal empowerment zones may impact tribal economic development. (D) Such other related factors that provide an advantage or barrier to economic development on Indian lands. (3) Analysis of Indian access to adequate infrastructure, affordable energy, educational opportunities, and investment capital. (4) Recommendations to Congress on legislation to strengthen the economies of Indian tribes and Indian lands in areas that include— (A) regulatory, tax, and trust reform; and (B) other related areas that promote the findings and purposes provided in section 2. (c) Use of previous studies In conducting the studies under this section, the Secretary of Commerce shall consider any appropriate information contained in previous studies and reports, such as the following: (1) The American Indian Policy Review Commission Final Report, dated May 17, 1977. (2) The Report and Recommendations of the Presidential Commission on Indian Reservation Economies, dated November 1984. (3) The Native American Economic Policy Report: Developing Tribal Economies to Create Healthy, Sustainable, and Culturally Vibrant Communities, dated 2007. (4) The report titled Growing Economies in Indian Country: Taking Stock of Progress and Partnerships , dated April 2012. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4699ih/xml/BILLS-113hr4699ih.xml
113-hr-4700
I 113th CONGRESS 2d Session H. R. 4700 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Gardner introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to increase the limitation on the deduction for student loan interest. 1. Increase in limitation on deduction for student loan interest (a) In general Section 221(b)(1) of the Internal Revenue Code of 1986 is amended by striking the amount determined and all that follows and inserting $5,000. . (b) Inflation adjustment Subsection (f) of section 221 of such Code is amended by— (1) redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, and inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) Dollar limitation In the case of any taxable year beginning after 2015, the $5,000 amount in subsection (b)(1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) 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. , (2) in paragraph (2) (as so redesignated), by striking In general in the heading thereof and inserting Limitation based on modified adjusted gross income , and (3) in paragraph (3) (as so redesignated)— (A) by striking paragraph (1) and inserting paragraph (1) or (2) , and (B) by inserting ($100 in the case of any adjustment under paragraph (1)) after $5,000 both places it appears. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
https://www.govinfo.gov/content/pkg/BILLS-113hr4700ih/xml/BILLS-113hr4700ih.xml
113-hr-4701
I 113th CONGRESS 2d Session H. R. 4701 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Gibson (for himself, Mr. Courtney , Mr. Peterson , Mr. Smith of New Jersey , Mr. Wolf , and Mr. Barletta ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for scientific frameworks with respect to vector-borne diseases. 1. Short title This Act may be cited as the Vector-Borne Disease Research Accountability and Transparency Act of 2014 . 2. Scientific framework for vector-borne diseases Subpart 6 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285f et seq. ) is amended by adding at the end the following: 447D. Scientific framework for vector-borne diseases (a) Development of Scientific Framework for Vector-Borne Diseases (1) In General For each vector-borne disease identified under subsection (b), the Directors shall develop a scientific framework for the conduct or support of research on such vector-borne disease. (2) Contents The scientific framework with respect to a vector-borne disease shall include the following: (A) Current Status (i) Comprehensive review of the literature A summary of findings from the current literature in the areas of— (I) the prevention, diagnosis, and treatment of acute and chronic vector-borne disease; (II) the fundamental environmental and biologic process that regulate acute and chronic vector-borne disease; and (III) the epidemiology of acute and chronic vector-borne disease. (ii) Number of incidences internationally An assessment of the incidence of acute and chronic vector-borne disease reported internationally. (iii) Scientific advances The identification of relevant and diverse emerging scientific areas, and promising scientific advances, in basic, translational, and clinical science relating to the areas described in subclauses (I) and (II) of clause (i). (iv) Researchers A description of the availability of individuals who— (I) conduct scientific research in the areas described in clause (i); and (II) represent a diversity of scientific perspectives relevant to such areas. (v) Coordinated research initiatives The identification of the types of initiatives and partnerships for the coordination of intramural and extramural research of the National Institutes of Health and the Centers for Disease Control and Prevention in the areas described in clause (i) with research of the relevant national research institutes, Federal agencies, and non-Federal public and private entities in such areas. (vi) Research resources The identification of public and private resources, such as patient registries, that are available to facilitate research relating to each of the areas described in clause (i). (B) Identification of Research Questions The identification of research questions relating to basic, translational, and clinical science in the areas described in subclauses (I) and (II) of subparagraph (A)(i) that have not been adequately addressed with respect to acute or chronic vector-borne disease. (C) Recommendations Recommendations for appropriate actions that should be taken to advance research in the areas described in subparagraph (A)(i) and to address the research questions identified in subparagraph (B), as well as for appropriate benchmarks to measure progress on achieving such action, including the following: (i) Researchers Ensuring adequate availability of individuals described in subparagraph (A)(iv). (ii) Coordinated research initiatives Promoting and developing initiatives and partnerships described in subparagraph (A)(v). (iii) Research resources Developing additional public and private resources described in subparagraph (A)(vi) and strengthening existing resources. (3) Timing (A) Initial development and subsequent update For each vector-borne disease identified under subsection (b)(1), the Directors shall— (i) develop a scientific framework under this subsection not later than 18 months after the date of the enactment of this section; and (ii) review and update the scientific framework not later than 5 years after its initial development. (B) Other updates The Directors may review and update each scientific framework developed under this subsection as necessary. (4) Public Notice With respect to each scientific framework developed under this subsection, not later than 30 days after the date of completion of the framework, the Directors shall— (A) submit such framework to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate; and (B) make such framework publicly available on the Internet Web site of the Department of Health and Human Services. (b) Identification of vector-Borne diseases (1) In general Not later than 6 months after the date of the enactment of this section, the Directors shall identify 2 or more bacterial or parasitic vector-borne diseases that each have a high incidence domestically. (2) Treating tick-borne diseases as a single vector-borne disease For purposes of identifying vector-borne diseases under this subsection and developing scientific frameworks for such diseases under subsection (a), tick-borne diseases, including Lyme disease and other tick-borne diseases that are known to be transmitted by ticks to humans in the United States, shall be treated as a single vector-borne disease. (3) Additional vector-borne diseases Subject to paragraph (2), the Directors may, at any time, identify other vector-borne diseases for purposes of this section. In identifying a vector-borne disease pursuant to the previous sentence, the Directors may consider additional metrics of progress against such type of vector-borne disease. (c) Working groups (1) In general For each vector-borne disease identified under subsection (b), the Directors shall convene a working group in accordance with the Federal Advisory Committee Act. The Directors (or their designees) shall participate in the meetings of each such working group. (2) Members Each working group convened under this subsection shall be comprised of the following members: (A) One or more representatives of each of the following: (i) The National Institutes of Health. (ii) The Centers for Disease Control and Prevention. (iii) Other agencies or offices of the Department of Health and Human Services, as determined appropriate by the Directors. (iv) Other Federal agencies, as determined appropriate by the Directors. (B) One or more representatives of each of the following categories: (i) Physicians with experience in diagnosing and treating stages or manifestations of the relevant vector-borne disease. (ii) Non-Federal scientists or researchers with expertise, and representing a diversity of perspectives, regarding the science pertaining to vector-borne diseases. (iii) Patients and their family members. (iv) Nonprofit organizations that advocate for patients by promoting education, services, or research. (v) Other individuals whose expertise is determined by the Directors to be beneficial to the functioning of the working group. (C) One individual appointed by the Speaker of the House of Representatives. (D) One individual appointed by the Majority Leader of the Senate. (3) FACA sunset inapplicable Section 14(a) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to termination of advisory committees) shall not apply to a working group convened under paragraph (1). (4) Other working groups If the Directors, in addition to convening the working groups required by this subsection, choose to continue any working group on any vector-borne disease in existence on the date of enactment of the Vector-Borne Disease Research Accountability and Transparency Act of 2014 , any such working group is deemed to be an advisory committee subject to the Federal Advisory Committee Act. (d) Public hearings (1) In General The Directors shall, within 60 days after identifying a vector-borne disease under section (b), and annually thereafter, convene public forums— (A) to seek public input on the development of the scientific framework for such vector-borne disease under this section and progress in addressing related chronic conditions; and (B) to identify, and seek public input on, potential emerging strains in species of pathogenic organisms. (2) Participants The participants at the forums convened under this subsection shall be researchers, physicians, patients, and other members of the public. (e) Reporting (1) Biennial reports The Directors shall ensure that each biennial report under section 403 includes information on actions undertaken to carry out each scientific framework developed under subsection (a) with respect to a vector-borne disease, including the following: (A) Information on research grants awarded by the National Institutes of Health and the Centers for Disease Control and Prevention for research relating to such vector-borne disease. (B) An assessment of the progress made in improving outcomes. (2) Additional one-time reports (A) Frameworks For each vector-borne disease identified under subsection (b)(1), the Directors shall, not later than 6 years after the initial development of a scientific framework for such disease under subsection (a), submit a report to the Congress on the effectiveness of the framework (including the update required by subsection (a)(3)(A)(ii)) in improving the prevention, detection, diagnosis, and treatment of such disease. (B) Total number of working groups Not later than 1 year after the date of enactment of this section, the Directors shall submit a report to the Congress identifying the total number of working groups convened under this section. (f) Recommendations for exception funding The Directors shall consider each relevant scientific framework developed under subsection (a) when making recommendations for exception funding for grant applications. (g) Definition In this section: (1) The term Directors means the Director of NIH and the Director of the Centers for Disease Control and Prevention acting jointly. (2) The term vector-borne disease means an infection transmitted to humans or other animals by ticks, mosquitoes, or fleas, such as Lyme disease. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4701ih/xml/BILLS-113hr4701ih.xml
113-hr-4702
I 113th CONGRESS 2d Session H. R. 4702 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend until 2030 the time period required to be covered by the United States Space Protection Strategy. 1. Short title This Act may be cited as the Space Protection Strategy Extension Act . 2. Extension of time period to be covered by the space protection strategy Section 911(d) of the National Defense Authorization Act for Fiscal Year 2008 ( 10 U.S.C. 2271 note) is amended by adding at the end the following new paragraph: (4) Fiscal years 2026 through 2030. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4702ih/xml/BILLS-113hr4702ih.xml
113-hr-4703
I 113th CONGRESS 2d Session H. R. 4703 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Hultgren (for himself and Mr. Smith of New Jersey ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Trafficking Victims Protection Act of 2000 relating to determinations with respect to efforts of foreign countries to reduce demand for commercial sex acts under the minimum standards for the elimination of trafficking. 1. Amendment relating to determinations with respect to efforts of foreign countries to reduce demand for commercial sex acts under the minimum standards for the elimination of trafficking (a) In general Section 108 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7106 ) is amended by adding at the end the following new subsection: (c) Criteria with respect to commercial sex acts In determinations under subsection (b)(12)(A), if the government of the country has the authority to prohibit the purchase of commercial sex acts and fails to do so, such failure to prohibit the purchase of commercial sex acts shall be deemed to be a failure on the part of the government to make serious and sustained efforts to reduce the demand for commercial sex acts, notwithstanding other efforts made by the government to reduce the demand for commercial sex acts. . (b) Effective date The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies with respect to determinations under subsection (b)(12)(A) of section 108 of the Trafficking Victims Protection Act of 2000 that are made on or after such date of enactment.
https://www.govinfo.gov/content/pkg/BILLS-113hr4703ih/xml/BILLS-113hr4703ih.xml
113-hr-4704
I 113th CONGRESS 2d Session H. R. 4704 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Ms. Eddie Bernice Johnson of Texas (for herself and Mr. Langevin ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To expand the PROTECT Our Children Act of 2008 to include combating the transfer of permanent custody or control of a minor in contravention of a required legal procedure, and for other purposes. 1. Expansion of definition of child exploitation Paragraph (1) of section 2 of the PROTECT Our Children Act of 2008 ( 42 U.S.C. 17601(1) ) is amended by inserting before the period at the end the following: , or the offer to engage or engaging in the transfer of permanent custody or control of a minor in contravention of a required legal procedure .
https://www.govinfo.gov/content/pkg/BILLS-113hr4704ih/xml/BILLS-113hr4704ih.xml
113-hr-4705
I 113th CONGRESS 2d Session H. R. 4705 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Pierluisi introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend the Military Construction Authorization Act, 1974 to authorize the Secretary of Defense to decontaminate certain portions of the former bombardment area on the island of Culebra, Puerto Rico. 1. Use of former bombardment area on island of Culebra, Puerto Rico (a) Sense of congress It is the sense of Congress that the statutory prohibition restricting environmental cleanup of the former bombardment area on the island of Culebra, Puerto Rico, is a unique anomaly for the Department of Defense and its formerly used defense sites. (b) Modification of restriction on Federal decontamination authority Section 204(c) of the Military Construction Authorization Act, 1974 ( Public Law 93–166 ; 87 Stat. 668) is amended by adding at the end the following new sentence: The first sentence of this subsection shall not apply to the portions of the former bombardment area that were identified as having regular public access in the Department of Defense study entitled Study Relating to the Presence of Unexploded Ordnance in a Portion of the Former Naval Bombardment Area of Culebra Island, Commonwealth of Puerto Rico and dated April 20, 2012, which was prepared in accordance with section 2815 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4464). .
https://www.govinfo.gov/content/pkg/BILLS-113hr4705ih/xml/BILLS-113hr4705ih.xml
113-hr-4706
I 113th CONGRESS 2d Session H. R. 4706 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Kind (for himself, Mr. Connolly , and Mr. Price of North Carolina ) introduced the following bill; which was referred to the Committee on Natural Resources , 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 authorize the Secretary of the Interior to carry out programs and activities that connect Americans, especially children, youth, and families, with the outdoors. 1. Short title This Act may be cited as the Healthy Kids Outdoors Act of 2014 . 2. Findings Congress finds as follows: (1) Children today are spending less time outdoors than any generation in human history, as evidenced by studies that show children enjoy half as much time outdoors today as they did just 20 years ago, while spending more than 7 ½ hours every day in front of electronic media. (2) The health of our children is at risk as evidenced by the growing obesity crisis where, in the past 30 years, childhood obesity has more than doubled in children and quadrupled in adolescents, costing the economy of the United States billions of dollars each year. (3) Our military readiness is declining as nearly 1 in 4 applicants to the military is rejected for being overweight or obese, which is the most common reason for medical disqualification. (4) Research has shown that military children and families are facing increased stress and mental strain and challenges due to multiple, extended deployments. Military family service organizations have developed programs that connect military children and families with positive, meaningful outdoor experiences that benefit mental and physical health, but they lack sufficient resources to meet increasing demand. (5) In addition to the negative economic impact of childhood obesity, the outdoor retail industry, many local tourist destinations or gateway communities , and State fish and wildlife agencies rely on revenue generated when individuals spend time outdoors to create jobs in local communities. (6) Over the past several years, urbanization, changing land use patterns, increasing road traffic, and inadequate solutions to addressing these challenges in the built environment have combined to make it more difficult for many Americans to walk or bike to schools, parks, and play areas or experience the natural environment in general. (7) Spending time in green spaces outside the home, including public lands, parks, play areas, and garden, can increase concentration, inhibition of initial impulses, and self-discipline and has been shown to reduce stress and mental fatigue. In one study, children who were exposed to greener environments in a public housing area demonstrated less aggression, violence, and stress. (8) Visitation to our Nation’s public lands has declined or remained flat in recent years, and yet, connecting with nature and the great outdoors in our communities is critical to fostering the next generation of outdoor enthusiasts who will visit, appreciate, and become stewards of our Nation’s public lands. (9) Spending time outdoors in nature is beneficial to our children’s physical, mental, and emotional health and has been proven to decrease symptoms of attention deficit and hyperactivity disorder, stimulate brain development, improve motor skills, result in better sleep, reduce stress, increase creativity, improve mood, and reduce children’s risk of developing myopia. (10) Children who spend time playing outside are more likely to take risks, seek out adventure, develop self-confidence, and respect the value of nature. A direct childhood experience with nature before the age of 11 promotes a long-term connection to nature. (11) Conservation education and outdoor recreation experiences such as camping, hiking, boating, hunting, fishing, archery, recreational shooting, wildlife watching, and others are critical to engaging young people in the outdoors. (12) As children become more disconnected from the natural world, the hunting and angling conservation legacy of America is at risk. (13) Hunters and anglers play a critical role in reconnecting young people with nature, protecting our natural resources, and fostering a lifelong understanding of the value of conserving the natural world. (14) Research demonstrates that hunters who become engaged in hunting as children are among the most active and interested hunters as adults. The vast majority of hunters report they were introduced to hunting between the ages of 10 and 12, and the overwhelming majority of children are introduced to hunting by an adult. (15) Parks and recreation, youth-serving, service-learning, conservation, health, education, and built-environment organizations, facilities, and personnel provide critical resources and infrastructure for connecting children and families with nature. (16) It takes many dedicated men and women to work to preserve, protect, enhance, and restore America’s natural resources, and with an aging workforce in the natural resource professions, it is critical for the next generation to have an appreciation for nature and be ready to take over these responsibilities. (17) Place-based service-learning opportunities use our lands and waters as the context for learning by engaging students in the process of exploration, action, and reflection. Physical activity outdoors connected with meaningful community service to solve real-world problems, such as removing invasive plants or removing trash from a streambed, strengthens communities by engaging youth as citizen stewards. (18) States nationwide and their community based partners have some notable programs that connect children and families with nature; however, most States lack sufficient resources and a comprehensive strategy to effectively engage State agencies across multiple fields. (19) States need to engage in cross-sector agency and nonprofit collaboration that involves public health and wellness, parks and recreation, transportation and city planning, and other sectors focused on connecting children and families with the outdoors to increase coordination and effective implementation of the policy tools and programs that a State can bring to bear to provide outdoor opportunities for children and families. 3. Definitions In this Act: (1) Eligible entity The term eligible entity means— (A) a State; or (B) a consortium from one State that may include such State and municipalities, entities of local or tribal governments, parks and recreation departments or districts, school districts, institutions of higher education, or nonprofit organizations. (2) Local partners The term local partners means a municipality, entity of local or tribal government, parks and recreation departments or districts, Indian tribe, school district, institution of higher education, nonprofit organization, or a consortium of local partners. (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any Indian tribe. 4. Cooperative agreements for development or implementation of healthy kids outdoors State strategies (a) In general The Secretary is authorized to issue one cooperative agreement per State to eligible entities to develop, implement, and update a 5-year State strategy, to be known as a Healthy Kids Outdoors State Strategy , designed to encourage Americans, especially children, youth, and families, to be physically active outdoors. (b) Submission and approval of strategies (1) Applications An application for a cooperative agreement under subsection (a) shall— (A) be submitted not later than 120 days after the Secretary publishes guidelines under subsection (f)(1); and (B) include a Healthy Kids Outdoors State Strategy meeting the requirements of subsection (c) or a proposal for development and submission of such a strategy. (2) Approval of strategy; peer review Not later than 90 days after submission of a Healthy Kids Outdoors State Strategy, the Secretary shall, through a peer review process, approve or recommend changes to the strategy. (3) Strategy update An eligible entity receiving funds under this section shall update its Healthy Kids Outdoors State Strategy at least once every 5 years. Continued funding under this section shall be contingent upon submission of such updated strategies and reports that document impact evaluation methods consistent with the guidelines in subsection (f)(1) and lessons learned from implementing the strategy. (c) Comprehensive strategy requirements The Healthy Kids Outdoors State Strategy under subsection (a) shall include— (1) a description of how the eligible entity will encourage Americans, especially children, youth, and families, to be physically active in the outdoors through State, local, and tribal— (A) public health systems; (B) public parks and recreation systems; (C) public transportation and city planning systems; and (D) other public systems that connect Americans, especially children, youth, and families, to the outdoors; (2) a description of how the eligible entity will partner with nongovernmental organizations, especially those that serve children, youth, and families, including those serving military families and tribal agencies; (3) a description of how State agencies will collaborate with each other to implement the strategy; (4) a description of how funding will be spent through local planning and implementation subgrants under subsection (d); (5) a description of how the eligible entity will evaluate the effectiveness of, and measure the impact of, the strategy, including an estimate of the costs associated with such evaluation; (6) a description of how the eligible entity will provide opportunities for public involvement in developing and implementing the strategy; (7) a description of how the strategy will increase visitation to Federal public lands within the State; and (8) a description of how the eligible entity will leverage private funds to expand opportunities and further implement the strategy. (d) Local planning and implementation (1) In general A Healthy Kids Outdoors State Strategy shall provide for subgrants by the cooperative agreement recipient under subsection (a) to local partners to implement the strategy through one or more of the program activities described in paragraph (2). (2) Program activities Program activities may include— (A) implementing outdoor recreation and youth mentoring programs that provide opportunities to experience the outdoors, be physically active, and teach skills for lifelong participation in outdoor activities, including fishing, hunting, recreational shooting, archery, hiking, camping, outdoor play in natural environments, and wildlife watching; (B) implementing programs that connect communities with safe parks, green spaces, and outdoor recreation areas through affordable public transportation and trail systems that encourage walking, biking, and increased physical activity outdoors; (C) implementing school-based programs that use outdoor learning environments, such as wildlife habitats or gardens, and programs that use service learning to restore natural areas and maintain recreational assets; and (D) implementing education programs for parents and caregivers about the health benefits of active time outdoors to fight obesity and increase the quality of life for Americans, especially children, youth, and families. (e) Priority In making cooperative agreements under subsection (a) and subgrants under subsection (d)(1), the Secretary and the recipient under subsection (a), respectively, shall give preference to entities that serve individuals who have limited opportunities to experience nature, including those who are socioeconomically disadvantaged or have a disability or suffer disproportionately from physical and mental health stressors. (f) Guidelines Not later than 180 days after the date of the enactment of this Act, and after notice and opportunity for public comment, the Secretary shall publish in the Federal Register guidelines on the implementation of this Act, including guidelines for— (1) developing and submitting strategies and evaluation methods under subsection (b); and (2) technical assistance and dissemination of best practices under section 7. (g) Reporting Not later than 2 years after the Secretary approves the Healthy Kids Outdoors State Strategy of an eligible entity receiving funds under this section, and every year thereafter, the eligible entity shall submit to the Secretary a report on the implementation of the strategy based on the entity’s evaluation and assessment of meeting the goals specified in the strategy. (h) Allocation of funds An eligible entity receiving funding under subsection (a) for a fiscal year— (1) may use not more than 5 percent of the funding for administrative expenses; and (2) shall use at least 95 percent of the funding for subgrants to local partners under subsection (d). (i) Match An eligible entity receiving funding under subsection (a) for a fiscal year shall provide a 25-percent match through in-kind contributions or cash. 5. National strategy for encouraging Americans to be active outdoors (a) In general Not later than September 30, 2015, the President, in cooperation with appropriate Federal departments and agencies, shall develop and issue a national strategy for encouraging Americans, especially children, youth, and families, to be physically active outdoors. Such a strategy shall include— (1) identification of barriers to Americans, especially children, youth, and families, spending healthy time outdoors and specific policy solutions to address those barriers; (2) identification of opportunities for partnerships with Federal, State, tribal, and local partners; (3) coordination of efforts among Federal departments and agencies to address the impacts of Americans, especially children, youth, and families, spending less active time outdoors on— (A) public health, including childhood obesity, attention deficit disorders and stress; (B) the future of conservation in the United States; and (C) the economy; (4) identification of ongoing research needs to document the health, conservation, economic, and other outcomes of implementing the national strategy and State strategies; (5) coordination and alignment with Healthy Kids Outdoors State Strategies; and (6) an action plan for implementing the strategy at the Federal level. (b) Strategy development (1) Public participation Throughout the process of developing the national strategy under subsection (a), the President may use, incorporate, or otherwise consider existing Federal plans and strategies that, in whole or in part, contribute to connecting Americans, especially children, youth, and families, with the outdoors and shall provide for public participation, including a national summit of participants with demonstrated expertise in encouraging individuals to be physically active outdoors in nature. (2) Updating the national strategy The President shall update the national strategy not less than 5 years after the date the first national strategy is issued under subsection (a), and every 5 years thereafter. In updating the strategy, the President shall incorporate results of the evaluation under section 6. 6. National evaluation of health impacts The Secretary, in coordination with the Secretary of Health and Human Services, shall— (1) develop recommendations for appropriate evaluation measures and criteria for a study of national significance on the health impacts of the strategies under this Act; and (2) carry out such a study. 7. Technical assistance and best practices The Secretary shall— (1) provide technical assistance to grantees under section 4 through cooperative agreements with national organizations with a proven track record of encouraging Americans, especially children, youth, and families, to be physically active outdoors; and (2) disseminate best practices that emerge from strategies funded under this Act. 8. Authorization of appropriations (a) In general There are authorized to be appropriated to the Secretary to carry out this Act— (1) $1,000,000 for fiscal year 2015; (2) $2,000,000 for fiscal year 2016; and (3) $3,000,000 for fiscal year 2017. (b) Limitation Of the amounts made available to carry out this Act for a fiscal year, not more than 5 percent may be made available for carrying out section 7. (c) Supplement, not supplant Funds made available under this Act shall be used to supplement, and not supplant, any other Federal, State, or local funds available for activities that encourage Americans, especially children, youth, and families to be physically active outdoors.
https://www.govinfo.gov/content/pkg/BILLS-113hr4706ih/xml/BILLS-113hr4706ih.xml
113-hr-4707
I 113th CONGRESS 2d Session H. R. 4707 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Moran , Ms. Norton , Ms. Shea-Porter , Ms. Schwartz , Ms. Tsongas , Mr. Cicilline , Ms. Clark of Massachusetts , Ms. Esty , Mr. Himes , Ms. Lee of California , Mr. Grijalva , Mr. Lynch , Ms. McCollum , Ms. Brown of Florida , Mr. McDermott , Mr. McGovern , Mr. Courtney , Mr. Holt , Ms. Meng , and Mr. Hinojosa ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. 1. Funding for research by CDC on firearms safety or gun violence prevention There is authorized to be appropriated to the Centers for Disease Control and Prevention $10,000,000 for each of fiscal years 2015 through 2020 for the purpose of conducting or supporting research on firearms safety or gun violence prevention under the Public Health Service Act ( 42 U.S.C. 201 et seq. ). The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose.
https://www.govinfo.gov/content/pkg/BILLS-113hr4707ih/xml/BILLS-113hr4707ih.xml
113-hr-4708
I 113th CONGRESS 2d Session H. R. 4708 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mrs. Carolyn B. Maloney of New York (for herself and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the establishment of an office within the Internal Revenue Service to focus on violations of the internal revenue laws by persons who are under investigation for conduct relating to the promotion of commercial sex acts and trafficking in persons crimes, and to increase the criminal monetary penalty limitations for the underpayment or overpayment of tax due to fraud. 1. Short title This Act may be cited as the Human Trafficking Fraud Enforcement Act of 2014 . 2. Office for tax law enforcement relating to human trafficking and promotion of commercial sex acts (a) Establishment The Secretary of the Treasury shall establish an office within the Internal Revenue Service to investigate and prosecute violations of the internal revenue laws by persons that appear to be engaged in conduct in violation of any of the provisions specified in subsection (b). (b) Certain criminal provisions relating to human trafficking and promotion of commercial sex acts The provisions of law referenced in this subsection are as follows: (1) The following provisions of title 18, United States Code: (A) Section 1351. (B) Section 1589. (C) Section 1590. (D) Section 1591(a). (E) Section 1952. (F) Section 2421. (G) Section 2422. (H) Subsection (a), (d), or (e) of section 2423. (2) Section 1328 of title 8, United States Code. (3) The laws of any State or territory that prohibit the promotion of prostitution or of any commercial sex act (as such term is defined in section 1591(e)(3) of title 18, United States Code). (c) Cooperation with Department of Justice To the extent possible, the office established under subsection (a) shall cooperate with the Child Exploitation and Obscenity Section of the Department of Justice and the Innocence Lost National Initiative of the Federal Bureau of Investigation. (d) Report Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the enforcement activities of the office established under subsection (a) and shall include any recommendations for statutory changes to assist in future prosecutions pursuant to this section. (e) Applicability of whistleblower awards to victims of human trafficking For purposes of making an award under paragraph (1) or (2) of section 7623(b) of the Internal Revenue Code of 1986 with respect to information provided by victims of any person convicted of violating any of the provisions specified in subsection (b), the determination of whether such person is described in such paragraph shall be made without regard to paragraph (3) of section 7623(b) of such Code. (f) Authorization of appropriations (1) In general There is authorized to be appropriated not more than $4,000,000 for fiscal year 2015 to carry out subsection (a). (2) Additional funding for administration of office Unless specifically appropriated otherwise, there is authorized to be appropriated and is appropriated to the office established under subsection (a) for fiscal years 2015 and 2016 for the administration of such office an amount equal to the sum of— (A) the amount of any tax under chapter 1 of the Internal Revenue Code of 1986 (including any interest) collected during such fiscal years as the result of the actions of such office, plus (B) the amount of any civil or criminal monetary penalties imposed under such Code relating to such tax and so collected. Amounts not expended under the preceding sentence shall be transferred to and deposited in the Crime Victims Fund in the Treasury ( 42 U.S.C. 10601 ). 3. Increase in criminal monetary penalties (a) Attempt To evade or defeat tax Section 7201 of the Internal Revenue Code of 1986 (relating to attempt to evade or defeat tax) is amended— (1) by striking Any person and inserting the following: (a) In general Any person , and (2) by adding at the end the following new subsection: (b) Attempt To evade or defeat tax attributable to human trafficking and commercial sex acts (1) In general In the case of any attempt to evade or defeat any tax attributable to income derived from an act described in paragraph (2), subsection (a) shall be applied— (A) by substituting $500,000 ($1,000,000 for $100,000 ($500,000 , and (B) by substituting 10 years for 5 years . (2) Human trafficking and commercial sex acts For purposes of paragraph (1), an act described in this paragraph is any act which is a violation of any of the provisions specified in section 2(b) of the Human Trafficking Fraud Enforcement Act of 2014 . . (b) Willful failure To file return, supply information, or pay tax (1) General increase in monetary penalty Section 7203 of the Internal Revenue Code of 1986 (relating to willful failure to file return, supply information, or pay tax) is amended by striking $25,000 and inserting $50,000 . (2) Increase in penalties for failure to file with respect to tax attributable to human trafficking and commercial sex acts (A) In general Section 7203 of the Internal Revenue Code of 1986 (relating to willful failure to file return, supply information, or pay tax), as amended by paragraph (1), is amended by striking Any person in the first sentence and inserting the following: (a) In general Any person , and (B) by adding at the end the following new subsection: (b) Failure To file with respect to tax attributable to human trafficking and commercial sex acts In the case of any failure with respect to any tax attributable to income derived from an act described in paragraph (2) of section 7201(b), the first sentence of subsection (a) shall be applied by substituting— (1) felony for misdemeanor , (2) $500,000 ($1,000,000 for $50,000 ($100,000 , and (3) 10 years for 1 year . . (3) Conforming amendment The third sentence of section 7203(a) of the Internal Revenue Code of 1986 (as amended by paragraph (1)) is amended by striking this section and inserting this subsection . (c) Fraud and false statements Section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements) is amended— (1) by striking Any person and inserting the following: (a) In general Any person , and (2) by adding at the end the following new subsection: (b) Fraud and false statements with respect to tax attributable to human trafficking and commercial sex acts In the case of any violation of subsection (a) relating to any tax attributable to income derived from an act described in paragraph (2) of section 7201(b), subsection (a) shall be applied— (1) by substituting $500,000 ($1,000,000 for $100,000 ($500,000 , and (2) by substituting 5 years for 3 years . . (d) Penalties may be applied in addition to other penalties Section 7204 of the Internal Revenue Code of 1986 (relating to fraudulent statement or failure to make statement to employees) is amended by striking the penalty provided in section 6674 and inserting the penalties provided in sections 6674, 7201, and 7203 . (e) Increase in monetary limitation for underpayment or overpayment of tax due to fraud Section 7206 of the Internal Revenue Code of 1986 (relating to fraud and false statements), as amended by subsection (c), is amended by adding at the end the following new subsection: (c) Increase in monetary limitation for underpayment or overpayment of tax due to fraud If any portion of any underpayment (as defined in section 6664(a)) or overpayment (as defined in section 6401(a)) of tax required to be shown on a return is attributable to fraudulent action described in subsection (a), the applicable dollar amount under subsection (a) shall in no event be less than an amount equal to such portion. A rule similar to the rule under section 6663(b) shall apply for purposes of determining the portion so attributable. . (f) Moneys available To assist victims of crime There are hereby appropriated to the Crime Victims Fund ( 42 U.S.C. 10601 ) amounts equivalent to the increase in receipts to the Treasury by reason of the amendments made by this section. Such amounts shall be available for victim assistance grants under the Victims of Crime Act of 1984, including crisis intervention, emergency shelter and transportation, counseling, and criminal justice advocacy to victims of crime. (g) Effective date The amendments made by this section shall apply to actions, and failures to act, occurring after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4708ih/xml/BILLS-113hr4708ih.xml
113-hr-4709
I 113th CONGRESS 2d Session H. R. 4709 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Marino (for himself, Mrs. Blackburn , Mr. Welch , and Ms. Chu ) 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 improve enforcement efforts related to prescription drug diversion and abuse, and for other purposes. 1. Short title This Act may be cited as the Ensuring Patient Access and Effective Drug Enforcement Act of 2014 . 2. Registration process under Controlled Substances Act (a) Definitions (1) Consistent with the public health and safety Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended by adding at the end the following: (j) In this section, the phrase consistent with the public health and safety means having a substantial relationship to this Act’s purpose of preventing diversion and abuse of controlled substances. . (2) Imminent danger Section 304(d) of the Controlled Substances Act ( 21 U.S.C. 824(d) ) is amended— (A) by striking (d) The Attorney General and inserting (d)(1) The Attorney General ; and (B) by adding at the end the following: (2) In this subsection, the term imminent danger means a significant and present risk of death or serious bodily harm that is more likely than not to occur in the absence of an immediate suspension order. . (b) Opportunity To submit corrective action plan prior to revocation or suspension Section 304(c) of the Controlled Substances Act ( 21 U.S.C. 824(c) ) is amended— (1) by striking (c) Before and inserting (c)(1) Before ; and (2) by adding at the end the following: (2) Before revoking or suspending a registration pursuant to section 303, the Attorney General shall— (A) provide— (i) notice to the registrant of the grounds for revocation or suspension; and (ii) in the case of any such grounds consisting of a violation of law, a specific citation to such law; (B) give the registrant an opportunity to submit a corrective action plan within a reasonable period of time to demonstrate how the registrant plans to correct the grounds for revocation or suspension; and (C) determine whether— (i) in light of the plan, revocation or suspension proceedings should be discontinued or deferred; or (ii) additional changes need to be made in the corrective action plan. . 3. Report to Congress on effects of law enforcement activities on patient access to medications (a) In general Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs and the Director of the Centers for Disease Control and Prevention, and in consultation with the Administrator of the Drug Enforcement Administration and the Director of National Drug Control Policy, shall submit a report to the Congress— (1) assessing how patient access to medications could be adversely impacted by Federal and State law enforcement activities; and (2) identifying how collaboration between agencies and stakeholders can benefit patients and prevent diversion and abuse of controlled substances. (b) Consultation The report under subsection (a) shall incorporate feedback and recommendations from the following: (1) Patient groups. (2) Pharmacies. (3) Manufacturers of drugs. (4) Common or contract carriers and warehousemen. (5) Hospitals, physicians, and other health care providers. (6) State attorneys general. (7) Law enforcement officials, including local law enforcement officials. (8) Health benefit plans and entities that provide pharmacy benefit management services on behalf of a health benefit plan. (9) Wholesale drug distributors.
https://www.govinfo.gov/content/pkg/BILLS-113hr4709ih/xml/BILLS-113hr4709ih.xml
113-hr-4710
I 113th CONGRESS 2d Session H. R. 4710 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mrs. Negrete McLeod (for herself and Mr. Cook ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Payments in Lieu of Taxes Program to include all lands owned by the United States Government that are under the jurisdiction of the Department of Defense within the definition of entitlement lands for which payments are made, and for other purposes. 1. Inclusion of all Federal lands under the jurisdiction of the Department of Defense within the Payments in Lieu of Taxes Program Section 6901(1) of title 31, United States Code, is amended by striking subparagraph (D) and inserting the following new subparagraph (D): (D) that is under the jurisdiction of the Secretary of Defense or the Secretary of a military department; .
https://www.govinfo.gov/content/pkg/BILLS-113hr4710ih/xml/BILLS-113hr4710ih.xml
113-hr-4711
I 113th CONGRESS 2d Session H. R. 4711 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Sires introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a regulatory framework for the comprehensive protection of personal data for individuals under the aegis of the Federal Trade Commission, to amend the Children’s Online Privacy Protection Act of 1998 to improve provisions relating to collection, use, and disclosure of personal information of children, and for other purposes. 1. Table of contents The table of contents for this Act is as follows: Sec. 1. Table of contents. TITLE I—Commercial privacy Sec. 101. Short title. Sec. 102. Findings. Sec. 103. Definitions. Subtitle A—Right to security and accountability Sec. 111. Security. Sec. 112. Accountability. Sec. 113. Privacy by design. Subtitle B—Right to notice and individual participation Sec. 121. Transparent notice of practices and purposes. Sec. 122. Individual participation. Subtitle C—Rights relating to data minimization, constraints on distribution, and data integrity Sec. 131. Data minimization. Sec. 132. Constraints on distribution of information. Sec. 133. Data integrity. Subtitle D—Right to notice of breaches of security Sec. 141. Definitions. Sec. 142. Notice to individuals. Sec. 143. Notice to law enforcement. Subtitle E—Enforcement Sec. 151. General application. Sec. 152. Enforcement by the Federal Trade Commission. Sec. 153. Enforcement by Attorney General. Sec. 154. Enforcement by States. Sec. 155. Civil penalties. Sec. 156. Effect on other laws. Sec. 157. No private right of action. Subtitle F—Co-Regulatory safe harbor programs Sec. 161. Establishment of safe harbor programs. Sec. 162. Participation in safe harbor program. Subtitle G—Application with other Federal laws Sec. 171. Application with other Federal laws. Subtitle H—Development of commercial data privacy policy in the Department of Commerce Sec. 181. Direction to develop commercial data privacy policy. TITLE II—Online privacy of children Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Definitions. Sec. 204. Online collection, use, and disclosure of personal information of children. Sec. 205. Targeted marketing to children or minors. Sec. 206. Digital Marketing Bill of Rights for Teens and Fair Information Practices Principles. Sec. 207. Online collection of geolocation information of children and minors. Sec. 208. Removal of content. Sec. 209. Enforcement and applicability. Sec. 210. Rule for treatment of users of websites, services, and applications directed to children or minors. Sec. 211. Effective dates. I Commercial privacy 101. Short title This title may be cited as the Commercial Privacy Bill of Rights Act of 2014 . 102. Findings The Congress finds the following: (1) Personal privacy is worthy of protection through appropriate legislation. (2) Trust in the treatment of personally identifiable information collected on and off the Internet is essential for businesses to succeed. (3) Persons interacting with others engaged in interstate commerce have a significant interest in their personal information, as well as a right to control how that information is collected, used, stored, or transferred. (4) Persons engaged in interstate commerce and collecting personally identifiable information on individuals have a responsibility to treat that information with respect and in accordance with common standards. (5) On the day before the date of the enactment of this Act, the laws of the Federal Government and State and local governments provided inadequate privacy protection for individuals engaging in and interacting with persons engaged in interstate commerce. (6) As of the day before the date of the enactment of this Act, with the exception of Federal Trade Commission enforcement of laws against unfair and deceptive practices, the Federal Government has eschewed general commercial privacy laws in favor of industry self-regulation, which has led to several self-policing schemes, some of which are enforceable, and some of which provide insufficient privacy protection to individuals. (7) As of the day before the date of the enactment of this Act, many collectors of personally identifiable information have yet to provide baseline fair information practice protections for individuals. (8) The ease of gathering and compiling personal information on the Internet and off, both overtly and surreptitiously, is becoming increasingly efficient and effortless due to advances in technology which have provided information gatherers the ability to compile seamlessly highly detailed personal histories of individuals. (9) Personal information requires greater privacy protection than is available on the day before the date of the enactment of this Act. Vast amounts of personal information, including sensitive information, about individuals are collected on and off the Internet, often combined and sold or otherwise transferred to third parties, for purposes unknown to an individual to whom the personally identifiable information pertains. (10) Toward the close of the 20th century, as individuals' personal information was increasingly collected, profiled, and shared for commercial purposes, and as technology advanced to facilitate these practices, Congress enacted numerous statutes to protect privacy. (11) Those statutes apply to the government, telephones, cable television, e-mail, video tape rentals, and the Internet (but only with respect to children and law enforcement requests). (12) As in those instances, the Federal Government has a substantial interest in creating a level playing field of protection across all collectors of personally identifiable information, both in the United States and abroad. (13) Enhancing individual privacy protection in a balanced way that establishes clear, consistent rules, both domestically and internationally, will stimulate commerce by instilling greater consumer confidence at home and greater confidence abroad as more and more entities digitize personally identifiable information, whether collected, stored, or used online or offline. 103. Definitions (a) In general Subject to subsection (b), in this title: (1) Commission The term Commission means the Federal Trade Commission. (2) Covered entity The term covered entity means any person to whom this title applies under section 151. (3) Covered information (A) In general Except as provided in subparagraph (B), the term covered information means only the following: (i) Personally identifiable information. (ii) Unique identifier information. (iii) Any information that is collected, used, or stored in connection with personally identifiable information or unique identifier information in a manner that may reasonably be used by the party collecting the information to identify a specific individual. (B) Exception The term covered information does not include the following: (i) Personally identifiable information obtained from public records that is not merged with covered information gathered elsewhere. (ii) Personally identifiable information that is obtained from a forum— (I) where the individual voluntarily shared the information or authorized the information to be shared; and (II) that— (aa) is widely and publicly available and was not made publicly available in bad faith; and (bb) contains no restrictions on who can access and view such information. (iii) Personally identifiable information reported in public media. (iv) Personally identifiable information dedicated to contacting an individual at the individual's place of work. (4) Established business relationship The term established business relationship means, with respect to a covered entity and a person, a relationship formed with or without the exchange of consideration, involving the establishment of an account by the person with the covered entity for the receipt of products or services offered by the covered entity. (5) Personally identifiable information The term personally identifiable information means only the following: (A) Any of the following information about an individual: (i) The first name (or initial) and last name of an individual, whether given at birth or time of adoption, or resulting from a lawful change of name. (ii) The postal address of a physical place of residence of such individual. (iii) An e-mail address. (iv) A telephone number or mobile device number. (v) A social security number or other government issued identification number issued to such individual. (vi) The account number of a credit card issued to such individual. (vii) Unique identifier information that alone can be used to identify a specific individual. (viii) Biometric data about such individual, including fingerprints and retina scans. (B) If used, transferred, or stored in connection with 1 or more of the items of information described in subparagraph (A), any of the following: (i) A date of birth. (ii) The number of a certificate of birth or adoption. (iii) A place of birth. (iv) Unique identifier information that alone cannot be used to identify a specific individual. (v) Precise geographic location, at the same degree of specificity as a global positioning system or equivalent system, and not including any general geographic information that may be derived from an Internet Protocol address. (vi) Information about an individual's quantity, technical configuration, type, destination, location, and amount of uses of voice services, regardless of technology used. (vii) Any other information concerning an individual that may reasonably be used by the party using, collecting, or storing that information to identify that individual. (6) Sensitive personally identifiable information The term sensitive personally identifiable information means— (A) personally identifiable information which, if lost, compromised, or disclosed without authorization either alone or with other information, carries a significant risk of economic or physical harm; or (B) information related to— (i) a particular medical condition or a health record; or (ii) the religious affiliation of an individual. (7) Third party (A) In general The term third party means, with respect to a covered entity, a person that— (i) is— (I) not related to the covered entity by common ownership or corporate control; or (II) related to the covered entity by common ownership or corporate control and an ordinary consumer would not understand that the covered entity and the person were related by common ownership or corporate control; (ii) is not a service provider used by the covered entity to receive personally identifiable information or sensitive personally identifiable information in performing services or functions on behalf of and under the instruction of the covered entity; and (iii) with respect to the collection of covered information of an individual, does not have an established business relationship with the individual and does not identify itself to the individual at the time of such collection in a clear and conspicuous manner that is visible to the individual. (B) Common brands The term third party may include, with respect to a covered entity, a person who operates under a common brand with the covered entity. (8) Unauthorized use (A) In general The term unauthorized use means the use of covered information by a covered entity or its service provider for any purpose not authorized by the individual to whom such information relates. (B) Exceptions Except as provided in subparagraph (C), the term unauthorized use does not include use of covered information relating to an individual by a covered entity or its service provider as follows: (i) To process and enforce a transaction or deliver a service requested by that individual. (ii) To operate the covered entity that is providing a transaction or delivering a service requested by that individual, such as inventory management, financial reporting and accounting, planning, and product or service improvement or forecasting. (iii) To prevent or detect fraud or to provide for a physically or virtually secure environment. (iv) To investigate a possible crime. (v) That is required by a provision of law or legal process. (vi) To market or advertise to an individual from a covered entity within the context of a covered entity's own Internet website, services, or products if the covered information used for such marketing or advertising was— (I) collected directly by the covered entity; or (II) shared with the covered entity— (aa) at the affirmative request of the individual; or (bb) by an entity with which the individual has an established business relationship. (vii) Use that is necessary for the improvement of transaction or service delivery through research, testing, analysis, and development. (viii) Use that is necessary for internal operations, including the following: (I) Collecting customer satisfaction surveys and conducting customer research to improve customer service information. (II) Information collected by an Internet website about the visits to such website and the click-through rates at such website— (aa) to improve website navigation and performance; or (bb) to understand and improve the interaction of an individual with the advertising of a covered entity. (ix) Use— (I) by a covered entity with which an individual has an established business relationship; (II) which the individual could have reasonably expected, at the time such relationship was established, was related to a service provided pursuant to such relationship; and (III) which does not constitute a material change in use or practice from what could have reasonably been expected. (C) Savings A use of covered information regarding an individual by a covered entity or its service provider may only be excluded under subparagraph (B) from the definition of unauthorized use under subparagraph (A) if the use is reasonable and consistent with the practices and purposes described in the notice given the individual in accordance with section 121(a)(1). (9) Unique identifier information The term unique identifier information means a unique persistent identifier associated with an individual or a networked device, including a customer number held in a cookie, a user ID, a processor serial number, or a device serial number. (b) Modified definition by rulemaking If the Commission determines that a term defined in any of paragraphs (3) through (8) is not reasonably sufficient to protect an individual from unfair or deceptive acts or practices, the Commission may by rule modify such definition as the Commission considers appropriate to protect such individual from an unfair or deceptive act or practice to the extent that the Commission determines will not unreasonably impede interstate commerce. A Right to security and accountability 111. Security (a) Rulemaking required Not later than 180 days after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to require each covered entity to carry out security measures to protect the covered information it collects and maintains. (b) Proportion The requirements prescribed under subsection (a) shall provide for security measures that are proportional to the size, type, nature, and sensitivity of the covered information a covered entity collects. (c) Consistency The requirements prescribed under subsection (a) shall be consistent with guidance provided by the Commission and recognized industry practices for safety and security on the day before the date of the enactment of this Act. (d) Technological means In a rule prescribed under subsection (a), the Commission may not require a specific technological means of meeting a requirement. 112. Accountability Each covered entity shall, in a manner proportional to the size, type, and nature of the covered information it collects— (1) have managerial accountability, proportional to the size and structure of the covered entity, for the adoption and implementation of policies consistent with this title; (2) have a process to respond to non-frivolous inquiries from individuals regarding the collection, use, transfer, or storage of covered information relating to such individuals; and (3) describe the means of compliance of the covered entity with the requirements of this Act upon request from— (A) the Commission; or (B) an appropriate safe harbor program established under section 151. 113. Privacy by design Each covered entity shall, in a manner proportional to the size, type, and nature of the covered information that it collects, implement a comprehensive information privacy program by— (1) incorporating necessary development processes and practices throughout the product life cycle that are designed to safeguard the personally identifiable information that is covered information of individuals based on— (A) the reasonable expectations of such individuals regarding privacy; and (B) the relevant threats that need to be guarded against in meeting those expectations; and (2) maintaining appropriate management processes and practices throughout the data life cycle that are designed to ensure that information systems comply with— (A) the provisions of this title; (B) the privacy policies of a covered entity; and (C) the privacy preferences of individuals that are consistent with the consent choices and related mechanisms of individual participation as described in section 122. B Right to notice and individual participation 121. Transparent notice of practices and purposes (a) In general Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to require each covered entity— (1) to provide accurate, clear, concise, and timely notice to individuals of— (A) the practices of the covered entity regarding the collection, use, transfer, and storage of covered information; and (B) the specific purposes of those practices; (2) to provide accurate, clear, concise, and timely notice to individuals before implementing a material change in such practices; and (3) to maintain the notice required by paragraph (1) in a form that individuals can readily access. (b) Compliance and other considerations In the rulemaking required by subsection (a), the Commission— (1) shall consider the types of devices and methods individuals will use to access the required notice; (2) may provide that a covered entity unable to provide the required notice when information is collected may comply with the requirement of subsection (a)(1) by providing an alternative time and means for an individual to receive the required notice promptly; (3) may draft guidance for covered entities to use in designing their own notice and may include a draft model template for covered entities to use in designing their own notice; and (4) may provide guidance on how to construct computer-readable notices or how to use other technology to deliver the required notice. 122. Individual participation (a) In general Not later than 180 days after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to require each covered entity— (1) to offer individuals a clear and conspicuous mechanism for opt-in consent for any use of their covered information that would otherwise be unauthorized use; (2) to offer individuals a robust, clear, and conspicuous mechanism for opt-in consent for the use by third parties of the individuals' covered information for behavioral advertising or marketing; (3) to provide any individual to whom the personally identifiable information that is covered information pertains, and which the covered entity or its service provider stores, appropriate and reasonable— (A) access to such information; and (B) mechanisms to correct such information to improve the accuracy of such information; and (4) in the case that a covered entity enters bankruptcy or an individual requests the termination of a service provided by the covered entity to the individual or termination of some other relationship with the covered entity, to permit the individual to easily request that— (A) all of the personally identifiable information that is covered information that the covered entity maintains relating to the individual, except for information the individual authorized the sharing of or which the individual shared with the covered entity in a forum that is widely and publicly available, be rendered not personally identifiable; or (B) if rendering such information not personally identifiable is not possible, to cease the unauthorized use or transfer to a third party for an unauthorized use of such information or to cease use of such information for marketing, unless such unauthorized use or transfer is otherwise required by a provision of law. (b) Unauthorized use transfers In the rulemaking required by subsection (a), the Commission shall provide that with respect to transfers of covered information to a third party for which an individual provides opt-in consent, the third party to which the information is transferred may not use such information for any unauthorized use other than a use— (1) specified pursuant to the purposes stated in the required notice under section 121(a); and (2) authorized by the individual when the individual granted consent for the transfer of the information to the third party. (c) Alternative means To terminate use of covered information In the rulemaking required by subsection (a), the Commission shall allow a covered entity to provide individuals an alternative means, in lieu of the access, consent, and correction requirements, of prohibiting a covered entity from use or transfer of that individual's covered information. (d) Service providers (1) In general The use of a service provider by a covered entity to receive covered information in performing services or functions on behalf of and under the instruction of the covered entity does not constitute an unauthorized use of such information by the covered entity if the covered entity and the service provider execute a contract that requires the service provider to collect, use, and store the information on behalf of the covered entity in a manner consistent with— (A) the requirements of this title; and (B) the policies and practices related to such information of the covered entity. (2) Transfers between service providers for a covered entity The disclosure by a service provider of covered information pursuant to a contract with a covered entity to another service provider in order to perform the same service or functions for that covered entity does not constitute an unauthorized use. (3) Liability remains with covered entity A covered entity remains responsible and liable for the protection of covered information that has been transferred to a service provider for processing, notwithstanding any agreement to the contrary between a covered entity and the service provider. C Rights relating to data minimization, constraints on distribution, and data integrity 131. Data minimization Each covered entity shall— (1) collect only as much covered information relating to an individual as is reasonably necessary— (A) to process or enforce a transaction or deliver a service requested by such individual; (B) for the covered entity to provide a transaction or delivering a service requested by such individual, such as inventory management, financial reporting and accounting, planning, product or service improvement or forecasting, and customer support and service; (C) to prevent or detect fraud or to provide for a secure environment; (D) to investigate a possible crime; (E) to comply with a provision of law; (F) for the covered entity to market or advertise to such individual if the covered information used for such marketing or advertising was collected directly by the covered entity; or (G) for internal operations, including— (i) collecting customer satisfaction surveys and conducting customer research to improve customer service; and (ii) collection from an Internet website of information about visits and click-through rates relating to such website to improve— (I) website navigation and performance; and (II) the customer’s experience; (2) retain covered information for only such duration as— (A) with respect to the provision of a transaction or delivery of a service to an individual— (i) is necessary to provide such transaction or deliver such service to such individual; or (ii) if such service is ongoing, is reasonable for the ongoing nature of the service; or (B) is required by a provision of law; (3) retain covered information only for the purpose it was collected, or reasonably related purposes; and (4) exercise reasonable data retention procedures with respect to both the initial collection and subsequent retention. 132. Constraints on distribution of information (a) In general Each covered entity shall— (1) require by contract that any third party to which it transfers covered information use the information only for purposes that are consistent with— (A) the provisions of this title; and (B) as specified in the contract; (2) require by contract that such third party may not combine information that the covered entity has transferred to it, that relates to an individual, and that is not personally identifiable information with other information in order to identify such individual, unless the covered entity has obtained the opt-in consent of such individual for such combination and identification; and (3) before executing a contract with a third party— (A) assure through due diligence that the third party is a legitimate organization; and (B) in the case of a material violation of the contract, at a minimum notify the Commission of such violation. (b) Transfers to unreliable third parties prohibited A covered entity may not transfer covered information to a third party that the covered entity knows— (1) has intentionally or willfully violated a contract required by subsection (a); and (2) is reasonably likely to violate such contract. (c) Application of rules to third parties (1) In general Except as provided in paragraph (2), a third party that receives covered information from a covered entity shall be subject to the provisions of this Act as if it were a covered entity. (2) Exemption The Commission may, as it determines appropriate, exempt classes of third parties from liability under any provision of subtitle B if the Commission finds that— (A) such class of third parties cannot reasonably comply with such provision; or (B) with respect to covered information relating to individuals that is transferred to such class, compliance by such class with such provision would not sufficiently benefit such individuals. 133. Data integrity (a) In general Each covered entity shall attempt to establish and maintain reasonable procedures to ensure that personally identifiable information that is covered information and maintained by the covered entity is accurate in those instances where the covered information could be used to deny consumers benefits or cause significant harm. (b) Exception Subsection (a) shall not apply to covered information of an individual maintained by a covered entity that is provided— (1) directly to the covered entity by the individual; (2) to the covered entity by another entity at the request of the individual; (3) to prevent or detect fraud; or (4) to provide for a secure environment. D Right to notice of breaches of security 141. Definitions In this subtitle: (1) Breach of security (A) In general The term breach of security means compromise of the security, confidentiality, or integrity of, or loss of, data in electronic form that results in, or there is a reasonable basis to conclude has resulted in, unauthorized access to or acquisition of personally identifiable information from a covered entity. (B) Exclusions The term breach of security does not include— (i) a good faith acquisition of personally identifiable information by a covered entity, or an employee or agent of a covered entity, if the personally identifiable information is not subject to further use or unauthorized disclosure; (ii) any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or an intelligence agency of the United States, a State, or a political subdivision of a State; or (iii) the release of a public record not otherwise subject to confidentiality or nondisclosure requirements. (2) Data in electronic form The term data in electronic form means any data stored electronically or digitally on any computer system or other database, including recordable tapes and other mass storage devices. (3) Designated entity The term designated entity means the Federal Government entity designated by the Secretary of Homeland Security under section 143(a). (4) Identity theft The term identity theft means the unauthorized use of another person's personally identifiable information for the purpose of engaging in commercial transactions under the identity of such other person, including any contact that violates section 1028A of title 18, United States Code. (5) Major credit reporting agency The term major credit reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis within the meaning of section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (6) Service provider The term service provider means a person that provides electronic data transmission, routing, intermediate and transient storage, or connections to its system or network, where the person providing such services does not select or modify the content of the electronic data, is not the sender or the intended recipient of the data, and does not differentiate personally identifiable information from other information that such person transmits, routes, or stores, or for which such person provides connections. Any such person shall be treated as a service provider under this subtitle only to the extent that it is engaged in the provision of such transmission, routing, intermediate and transient storage, or connections. 142. Notice to individuals (a) In general A covered entity that owns or possesses data in electronic form containing personally identifiable information, following the discovery of a breach of security of the system maintained by the covered entity that contains such information, shall notify— (1) each individual who is a citizen or resident of the United States and whose personally identifiable information has been, or is reasonably believed to have been, acquired or accessed from the covered entity as a result of the breach of security; and (2) the Commission, unless the covered entity has notified the designated entity under section 143. (b) Special notification requirements (1) Third parties In the event of a breach of security of a system maintained by a third party that has been contracted to maintain or process data in electronic form containing personally identifiable information on behalf of a covered entity who owns or possesses such data, the third party shall notify the covered entity of the breach of security. (2) Service providers If a service provider becomes aware of a breach of security of data in electronic form containing personally identifiable information that is owned or possessed by another covered entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, the service provider shall notify of the breach of security only the covered entity who initiated such connection, transmission, routing, or storage if such covered entity can be reasonably identified. (3) Coordination of notification with credit reporting agencies (A) In general If a covered entity is required to provide notification to more than 5,000 individuals under subsection (a)(1), the covered entity also shall notify each major credit reporting agency of the timing and distribution of the notices, except when the only personally identifiable information that is the subject of the breach of security is the individual's first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code. (B) Notice to credit reporting agencies before individuals Such notice shall be given to each credit reporting agency without unreasonable delay and, if it will not delay notice to the affected individuals, prior to the distribution of notices to the affected individuals. (c) Timeliness of notification (1) In general All notifications required under this section shall be made without unreasonable delay following the discovery by the covered entity of a security breach. (2) Reasonable delay (A) In general Reasonable delay under this subsection may include any time necessary to determine the scope of the security breach, prevent further disclosures, restore the reasonable integrity of the data system, and provide notice to law enforcement when required. (B) Extension (i) In general Except as provided in subsection (d), delay of notification shall not exceed 60 days following the discovery of the security breach, unless the covered entity requests an extension of time and the Commission determines in writing that additional time is reasonably necessary to determine the scope of the security breach, prevent further disclosures, restore the reasonable integrity of the data system, or to provide notice to the designated entity. (ii) Approval of request If the Commission approves the request for delay, the covered entity may delay the period for notification for additional periods of up to 30 days. (3) Burden of production The covered entity, third party, or service provider required to provide notice under this title shall, upon the request of the Commission provide records or other evidence of the notifications required under this subtitle, including to the extent applicable, the reasons for any delay of notification. (d) Method and content of notification (1) Direct notification (A) Method of direct notification Except as provided in paragraph (2), a covered entity shall be in compliance with the notification requirement under subsection (a)(1) if— (i) the covered entity provides conspicuous and clearly identified notification— (I) in writing; or (II) by e-mail or other electronic means if— (aa) the covered entity's primary method of communication with the individual is by e-mail or such other electronic means; or (bb) the individual has consented to receive notification by e-mail or such other electronic means and such notification is provided in a manner that is consistent with the provisions permitting electronic transmission of notices under section 101 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001); and (ii) the method of notification selected under clause (i) can reasonably be expected to reach the intended individual. (B) Content of direct notification Each method of notification under subparagraph (A) shall include the following: (i) The date, estimated date, or estimated date range of the breach of security. (ii) A description of the personally identifiable information that was or is reasonably believed to have been acquired or accessed as a result of the breach of security. (iii) A telephone number that an individual can use at no cost to the individual to contact the covered entity to inquire about the breach of security or the information the covered entity maintained about that individual. (iv) Notice that the individual may be entitled to consumer credit reports under subsection (e)(1). (v) Instructions how an individual can request consumer credit reports under subsection (e)(1). (vi) A telephone number, that an individual can use at no cost to the individual, and an address to contact each major credit reporting agency. (vii) A telephone number, that an individual can use at no cost to the individual, and an Internet website address to obtain information regarding identity theft from the Commission. (2) Substitute notification (A) Circumstances giving rise to substitute notification A covered entity required to provide notification to individuals under subsection (a)(1) may provide notification under this paragraph instead of paragraph (1) of this subsection if— (i) notification under paragraph (1) is not feasible due to lack of sufficient contact information for the individual required to be notified; or (ii) the covered entity owns or possesses data in electronic form containing personally identifiable information of fewer than 10,000 individuals and direct notification is not feasible due to excessive cost to the covered entity required to provide such notification relative to the resources of such covered entity, as determined in accordance with the regulations issued by the Commission under paragraph (3)(A). (B) Method of substitute notification Notification under this paragraph shall include the following: (i) Conspicuous and clearly identified notification by e-mail to the extent the covered entity has an e-mail address for an individual who is entitled to notification under subsection (a)(1). (ii) Conspicuous and clearly identified notification on the Internet website of the covered entity if the covered entity maintains an Internet website. (iii) Notification to print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personally identifiable information was acquired or accessed reside. (C) Content of substitute notification Each method of notification under this paragraph shall include the following: (i) The date, estimated date, or estimated date range of the breach of security. (ii) A description of the types of personally identifiable information that were or are reasonably believed to have been acquired or accessed as a result of the breach of security. (iii) Notice that an individual may be entitled to consumer credit reports under subsection (e)(1). (iv) Instructions how an individual can request consumer credit reports under subsection (e)(1). (v) A telephone number that an individual can use at no cost to the individual to learn whether the individual's personally identifiable information is included in the breach of security. (vi) A telephone number, that an individual can use at no cost to the individual, and an address to contact each major credit reporting agency. (vii) A telephone number, that an individual can use at no cost to the individual, and an Internet website address to obtain information from the Commission regarding identity theft. (3) Regulations and guidance (A) Regulations concerning substitute notification (i) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall prescribe criteria for determining circumstances under which notification may be provided under paragraph (2), including criteria for determining whether providing notification under paragraph (1) is not feasible due to excessive costs to the covered entity required to provide such notification relative to the resources of such covered entity. (ii) Other circumstances The regulations required by clause (i) may also identify other circumstances in which notification under paragraph (2) would be appropriate, including circumstances under which the cost of providing direct notification exceeds the benefits to individuals. (B) Guidance (i) In general The Commission, in consultation with the Administrator of the Small Business Administration, shall publish and otherwise make available general guidance with respect to compliance with this subsection. (ii) Contents The guidance required by clause (i) shall include the following: (I) A description of written or e-mail notification that complies with paragraph (1). (II) Guidance on the content of notification under paragraph (2), including the extent of notification to print and broadcast media that complies with subparagraph (B)(iii) of such paragraph. (e) Other obligations following breach (1) In general Subject to the provisions of this subsection, not later than 60 days after the date of a request by an individual who received notification under subsection (a)(1) and quarterly thereafter for 2 years, a covered entity required to provide notification under such subsection to such individual shall provide, or arrange for the provision of, to such individual at no cost to such individual, consumer credit reports from at least 1 major credit reporting agency. (2) Limitation Paragraph (1) shall not apply if the only personally identifiable information that is the subject of the breach of security is the individual's first name or initial and last name, or address, or phone number, in combination with a credit or debit card number, and any required security code. (3) Rulemaking Not later than 1 year after the date of the enactment of this Act, the Commission shall prescribe the following: (A) Criteria for determining the circumstances under which a covered entity required to provide notification under subsection (a)(1) must provide or arrange for the provision of free consumer credit reports under this subsection. (B) A simple process under which a covered entity that is a small business concern or small nonprofit organization may request a full or a partial waiver or a modified or an alternative means of complying with this subsection if providing free consumer credit reports is not feasible due to excessive costs relative to the resources of such covered entity and relative to the level of harm, to affected individuals, caused by the breach of security. (4) Definitions In this subsection: (A) Small business concern The term small business concern has the meaning given such term under section 3 of the Small Business Act ( 15 U.S.C. 632 ). (B) Small nonprofit organization The term small nonprofit organization has the meaning the Commission shall give such term for purposes of this subsection. (f) Delay of notification authorized for national security and law enforcement purposes (1) In general If the United States Secret Service or the Federal Bureau of Investigation determines that notification under this section would impede a criminal investigation or a national security activity, such notification shall be delayed upon written notice from the United States Secret Service or the Federal Bureau of Investigation to the covered entity that experienced the breach of security. The notification from the United States Secret Service or the Federal Bureau of Investigation shall specify the period of delay requested for national security or law enforcement purposes. (2) Subsequent delay of notification (A) In general If the notification required under subsection (a)(1) is delayed pursuant to paragraph (1), a covered entity shall give notice not more than 30 days after the day such law enforcement or national security delay was invoked unless a Federal law enforcement or intelligence agency provides written notification that further delay is necessary. (B) Written justification requirements (i) United States Secret Service If the United States Secret Service instructs a covered entity to delay notification under this section beyond the 30-day period set forth in subparagraph (A) (referred to in this clause as subsequent delay ), the United States Secret Service shall submit written justification for the subsequent delay to the Secretary of Homeland Security before the subsequent delay begins. (ii) Federal Bureau of Investigation If the Federal Bureau of Investigation instructs a covered entity to delay notification under this section beyond the 30-day period set forth in subparagraph (A) (referred to in this clause as subsequent delay ), the Federal Bureau of Investigation shall submit written justification for the subsequent delay to the Attorney General before the subsequent delay begins. (3) Law enforcement immunity No cause of action shall lie in any court against any Federal agency for acts relating to the delay of notification for national security or law enforcement purposes under this subtitle. (g) General exemption (1) In general A covered entity shall be exempt from the requirements under this section if, following a breach of security, the covered entity reasonably concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. (2) FTC guidance Not later than 1 year after the date of the enactment of this Act, the Commission, after consultation with the Director of the National Institute of Standards and Technology, shall issue guidance regarding the application of the exemption under paragraph (1). (h) Exemptions for national security and law enforcement purposes (1) In general A covered entity shall be exempt from the notice requirements under this section if— (A) a determination is made— (i) by the United States Secret Service or the Federal Bureau of Investigation that notification of the breach of security could be reasonably expected to reveal sensitive sources and methods or similarly impede the ability of the Government to conduct law enforcement or intelligence investigations; or (ii) by the Federal Bureau of Investigation that notification of the breach of security could be reasonably expected to cause damage to the national security; and (B) the United States Secret Service or the Federal Bureau of Investigation, as the case may be, provides written notice of its determination under subparagraph (A) to the covered entity. (2) United States Secret Service If the United States Secret Service invokes an exemption under paragraph (1), the United States Secret Service shall submit written justification for invoking the exemption to the Secretary of Homeland Security before the exemption is invoked. (3) Federal Bureau of Investigation If the Federal Bureau of Investigation invokes an exemption under paragraph (1), the Federal Bureau of Investigation shall submit written justification for invoking the exemption to the Attorney General before the exemption is invoked. (4) Immunity No cause of action shall lie in any court against any Federal agency for acts relating to the exemption from notification for national security or law enforcement purposes under this subtitle. (5) Reports Not later than 540 days after the date of the enactment of this Act, and upon request by Congress thereafter, the United States Secret Service and the Federal Bureau of Investigation shall submit to Congress a report on the number and nature of breaches of security subject to the exemptions for national security and law enforcement purposes under this subsection. (i) Financial fraud prevention exemption (1) In general A covered entity shall be exempt from the notice requirements under this section if the covered entity utilizes or participates in a security program that— (A) effectively blocks the use of the personally identifiable information to initiate an unauthorized financial transaction before it is charged to the account of the individual; and (B) provides notice to each affected individual after a breach of security that resulted in attempted fraud or an attempted unauthorized transaction. (2) Limitations An exemption under paragraph (1) shall not apply if— (A) the breach of security includes personally identifiable information, other than a credit card number or credit card security code, of any type; or (B) the breach of security includes both the individual's credit card number and the individual's first and last name. (j) Financial institutions regulated by Federal functional regulators (1) In general A covered financial institution shall be deemed in compliance with this section if— (A) the Federal functional regulator with jurisdiction over the covered financial institution has issued a standard by regulation or guideline under title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ) that— (i) requires financial institutions within its jurisdiction to provide notification to individuals following a breach of security; and (ii) provides protections substantially similar to, or greater than, those required under this Act; and (B) the covered financial institution is in compliance with the standard under subparagraph (A). (2) Definitions In this subsection: (A) Covered financial institution The term covered financial institution means a financial institution that is subject to— (i) the data security requirements of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ); (ii) any implementing standard issued by regulation or guideline issued under that Act; and (iii) the jurisdiction of a Federal functional regulator under that Act. (B) Federal functional regulator The term Federal functional regulator has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 ). (C) Financial institution The term financial institution has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 ). (k) Exemption; health privacy (1) Covered entity or business associate under HITECH Act To the extent that a covered entity under this section acts as a covered entity or a business associate under section 13402 of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17932 ), has the obligation to provide notification to individuals following a breach of security under that Act or its implementing regulations, and is in compliance with that obligation, the covered entity shall be deemed in compliance with this section. (2) Entity subject to HITECH Act To the extent that a covered entity under this section acts as a vendor of personal health records, a third party service provider, or other entity subject to section 13407 of the Health Information Technology for Economical and Clinical Health Act ( 42 U.S.C. 17937 ), has the obligation to provide notification to individuals following a breach of security under that Act or its implementing regulations, and is in compliance with that obligation, the covered entity shall be deemed in compliance with this section. (3) Limitation of statutory construction Nothing in this subtitle may be construed in any way to give effect to the sunset provision under section 13407(g)(2) of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17937(g)(2) ) or to otherwise limit or affect the applicability, under section 13407 of that Act, of the requirement to provide notification to individuals following a breach of security for vendors of personal health records and each entity described in clause (ii), (iii), or (iv) of section 13424(b)(1)(A) of that Act (42 U.S.C. 17953(b)(1)(A)). (l) Internet website notice of Federal Trade Commission If the Commission, upon receiving notification of any breach of security that is reported to the Commission, finds that notification of the breach of security via the Commission's Internet website would be in the public interest or for the protection of consumers, the Commission shall place such a notice in a clear and conspicuous location on its Internet website. (m) FTC study on notification in languages in addition to English Not later than 1 year after the date of the enactment of this Act, the Commission shall conduct a study on the feasibility and advisability of requiring notification provided pursuant to subsection (d)(1) to be provided in a language in addition to English to individuals known to speak only such other language. 143. Notice to law enforcement (a) Designation of Government entity To receive notice Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall designate a Federal Government entity to receive notice under this section. (b) Notice to designated entity A covered entity shall notify the designated entity of a breach of security if— (1) the number of individuals whose personally identifiable information was, or is reasonably believed to have been, acquired or accessed as a result of the breach of security exceeds 10,000; (2) the breach of security involves a database, networked or integrated databases, or other data system containing the personally identifiable information of more than 1,000,000 individuals; (3) the breach of security involves databases owned by the Federal Government; or (4) the breach of security involves primarily personally identifiable information of individuals known to the covered entity to be employees or contractors of the Federal Government involved in national security or law enforcement. (c) Content of notices (1) In general Each notice under subsection (b) shall contain the following: (A) The date, estimated date, or estimated date range of the breach of security. (B) A description of the nature of the breach of security. (C) A description of each type of personally identifiable information that was or is reasonably believed to have been acquired or accessed as a result of the breach of security. (D) A statement of each paragraph under subsection (b) that applies to the breach of security. (2) Construction Nothing in this section shall be construed to require a covered entity to reveal specific or identifying information about an individual as part of the notice under paragraph (1). (d) Notice by designated entity The designated entity shall promptly provide each notice it receives under subsection (b) to the following: (1) The United States Secret Service. (2) The Federal Bureau of Investigation. (3) The Commission. (4) The United States Postal Inspection Service, if the breach of security involves mail fraud. (5) The attorney general of each State affected by the breach of security. (6) Such other Federal agencies as the designated entity considers appropriate for law enforcement, national security, or data security purposes. (e) Timing of notices Notice under this section shall be delivered as follows: (1) Notice under subsection (b) shall be delivered as promptly as possible, but— (A) not less than 3 business days before notification to an individual under section 142(a)(1); and (B) not later than 10 days after the date of discovery of the events requiring notice. (2) Notice under subsection (d) shall be delivered as promptly as possible, but not later than 1 business day after the date that the designated entity receives notice of a breach of security from a covered entity. E Enforcement 151. General application The requirements of this title shall apply to any person who— (1) collects, uses, transfers, or stores covered information concerning more than 5,000 individuals during any consecutive 12-month period; and (2) is— (A) a person over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ); (B) a common carrier subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ), notwithstanding the definition of the term Acts to regulate commerce in section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ) and the exception provided by section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) for such carriers; or (C) a nonprofit organization, including any organization described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code, notwithstanding the definition of the term Acts to regulate commerce in section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ) and the exception provided by section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) for such organizations. 152. Enforcement by the Federal Trade Commission (a) Unfair or deceptive acts or practices A reckless or repetitive violation of a provision of this title, except section 143, shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (b) Powers of commission (1) In general Except as provided in paragraph (3), the Commission shall enforce this title, except section 143, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this title. (2) Privileges and immunities Except as provided in paragraph (3), any person who violates a provision of this title, except section 143, shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Common carriers and nonprofit organizations The Commission shall enforce this title, except section 143, with respect to common carriers and nonprofit organizations described in section 151 to the extent necessary to effectuate the purposes of this title as if such carriers and nonprofit organizations were persons over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ). (c) Rulemaking authority (1) Limitation In promulgating rules under this title, the Commission may not require the deployment or use of any specific products or technologies, including any specific computer software or hardware. (2) Administrative procedure The Commission shall promulgate regulations under this title in accordance with section 553 of title 5, United States Code. (d) Rule of construction Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law. 153. Enforcement by Attorney General (a) In general The Attorney General may bring a civil action in the appropriate United States district court against any covered entity that engages in conduct constituting a violation of section 143. (b) Penalties (1) In general Upon proof of such conduct by a preponderance of the evidence, a covered entity shall be subject to a civil penalty of not more than $1,000 per individual whose personally identifiable information was or is reasonably believed to have been accessed or acquired as a result of the breach of security that is the basis of the violation, up to a maximum of $100,000 per day while such violation persists. (2) Limitations The total amount of the civil penalty assessed under this subsection against a covered entity for acts or omissions relating to a single breach of security shall not exceed $3,000,000, unless the conduct constituting a violation of subtitle D was reckless or repeated, in which case an additional civil penalty of up to $3,000,000 may be imposed. (3) Adjustment for inflation Beginning on the date that the Consumer Price Index is first published by the Bureau of Labor Statistics that is after 1 year after the date of the enactment of this Act, and each year thereafter, the amounts specified in paragraphs (1) and (2) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (c) Injunctive actions If it appears that a covered entity has engaged, or is engaged, in any act or practice that constitutes a violation of subtitle D, the Attorney General may petition an appropriate United States district court for an order enjoining such practice or enforcing compliance with such subtitle. (d) Issuance of order A court may issue such an order under paragraph (c) if it finds that the conduct in question constitutes a violation of subtitle D. 154. Enforcement by States (a) Civil action In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is adversely affected by a covered entity who violates any part of this title in a manner that results in economic or physical harm to an individual or engages in a pattern or practice that violates any part of this title other than section 143, the attorney general may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (1) to enjoin further violation of this title or a regulation promulgated under this title by the defendant; (2) to compel compliance with this title or a regulation promulgated under this title; or (3) for violations of this title or a regulation promulgated under this title to obtain civil penalties in the amount determined under section title. (b) Rights of Federal Trade Commission (1) Notice to Federal Trade Commission (A) In general Except as provided in subparagraph (C), the attorney general of a State shall notify the Commission in writing of any civil action under subsection (b), prior to initiating such civil action. (B) Contents The notice required by subparagraph (A) shall include a copy of the complaint to be filed to initiate such civil action. (C) Exception If it is not feasible for the attorney general of a State to provide the notice required by subparagraph (A), the State shall provide notice immediately upon instituting a civil action under subsection (b). (2) Intervention by Federal Trade Commission Upon receiving notice required by paragraph (1) with respect to a civil action, the Commission may— (A) intervene in such action; and (B) upon intervening— (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such action. (c) Preemptive action by Federal Trade Commission If the Commission institutes a civil action for violation of this title or a regulation promulgated under this title, no attorney general of a State may bring a civil action under subsection (a) against any defendant named in the complaint of the Commission for violation of this title or a regulation promulgated under this title that is alleged in such complaint. (d) Investigatory powers Nothing in this section may be construed to prevent the attorney general of a State from exercising the powers conferred on such attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; service of process (1) Venue Any action brought under subsection (a) may be brought in— (A) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (B) another court of competent jurisdiction. (2) Service of process In an action brought under subsection (a), process may be served in any district in which the defendant— (A) is an inhabitant; or (B) may be found. (f) Actions by other State officials (1) In general In addition to civil actions brought by attorneys general under subsection (a), any other officer of a State who is authorized by the State to do so may bring a civil action under subsection (a), subject to the same requirements and limitations that apply under this section to civil actions brought by attorneys general. (2) Savings provision Nothing in this section may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. 155. Civil penalties (a) In general In an action brought under section 154, in addition to any other penalty otherwise applicable to a violation of this title or any regulation promulgated under this title, the following civil penalties shall apply: (1) Subtitle A violations A covered entity that recklessly or repeatedly violates subtitle A is liable for a civil penalty equal to the amount calculated by multiplying the number of days that the entity is not in compliance with such subtitle by an amount not to exceed $33,000. (2) Subtitle B violations A covered entity that recklessly or repeatedly violates subtitle B is liable for a civil penalty equal to the amount calculated by multiplying the number of days that such an entity is not in compliance with such subtitle, or the number of individuals for whom the entity failed to obtain consent as required by such subtitle, whichever is greater, by an amount not to exceed $33,000. (3) Subtitle D violations A covered entity that recklessly or repeatedly violates section 142 is liable for a civil penalty equal to the amount calculated by multiplying the number of violations of such section by an amount not to exceed $33,000. Each failure to send notification as required under such section to a resident of the State shall be treated as a separate violation. (b) Adjustment for inflation Beginning on the date that the Consumer Price Index for All Urban Consumers is first published by the Bureau of Labor Statistics that is after 1 year after the date of the enactment of this Act, and each year thereafter, each of the amounts specified in subsection (a) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (c) Maximum total liability Notwithstanding the number of actions which may be brought against a covered entity under section 154, the maximum civil penalty for which any covered entity may be liable under this section in such actions shall not exceed— (1) $6,000,000 for any related series of violations of any rule promulgated under subtitle A; (2) $6,000,000 for any related series of violations of subtitle B; and (3) $6,000,000 for any related series of violations of section 142. 156. Effect on other laws (a) Preemption of State laws The provisions of this title shall supersede any provisions of the law of any State relating to those entities covered by the regulations issued pursuant to this title, to the extent that such provisions relate to the collection, use, or disclosure of— (1) covered information addressed in this title; or (2) personally identifiable information or personal identification information addressed in provisions of the law of a State. (b) Unauthorized civil actions; certain State laws (1) Unauthorized actions No person other than a person specified in section 154 may bring a civil action under the laws of any State if such action is premised in whole or in part upon the defendant violating this title or a regulation promulgated under this title. (2) Protection of certain state laws This title shall not be construed to preempt the applicability of— (A) State laws that address the collection, use, or disclosure of health information or financial information; or (B) other State laws to the extent that those laws relate to acts of fraud. (c) Rule of construction relating to required disclosures to government entities This title shall not be construed to expand or limit the duty or authority of a covered entity or third party to disclose personally identifiable information to a government entity under any provision of law. 157. No private right of action This title may not be construed to provide any private right of action. F Co-Regulatory safe harbor programs 161. Establishment of safe harbor programs (a) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish requirements for the establishment and administration of safe harbor programs under which a nongovernmental organization will administer a program that— (1) establishes a mechanism for participants to implement the requirements of this title with regards to— (A) certain types of unauthorized uses of covered information as described in paragraph (2); or (B) any unauthorized use of covered information; and (2) offers consumers a clear, conspicuous, persistent, and effective means of opting out of the transfer of covered information by a covered entity participating in the safe harbor program to a third party for— (A) behavioral advertising purposes; (B) location-based advertising purposes; (C) other specific types of unauthorized use; or (D) any unauthorized use. (b) Selection of nongovernmental organizations To administer program (1) Submittal of applications An applicant seeking to administer a program under the requirements established pursuant to subsection (a) shall submit to the Commission an application therefor at such time, in such manner, and containing such information as the Commission may require. (2) Notice and receipt of applications Upon completion of the rulemaking proceedings required by subsection (a), the Commission shall— (A) publish a notice in the Federal Register that it will receive applications for approval of safe harbor programs under this subtitle; and (B) begin receiving applications under paragraph (1). (3) Selection Not later than 270 days after the date on which the Commission receives a completed application under this subsection, the Commission shall grant or deny the application on the basis of the Commission's evaluation of the applicant’s capacity to provide protection of individuals’ covered information with regard to specific types of unauthorized uses of covered information as described in subsection (a)(2) that is substantially equivalent to or superior to the protection otherwise provided under this title. (4) Written findings Any decision reached by the Commission under this subsection shall be accompanied by written findings setting forth the basis for and reasons supporting such decision. (c) Scope of safe harbor protection The scope of protection offered by safe harbor programs approved by the Commission that establish mechanisms for participants to implement the requirements of the title only for certain uses of covered information as described in subsection (a)(2) shall be limited to participating entities’ use of those particular types of covered information. (d) Supervision by Federal Trade Commission (1) In general The Commission shall exercise oversight and supervisory authority of a safe harbor program approved under this section through— (A) ongoing review of the practices of the nongovernmental organization administering the program; (B) the imposition of civil penalties on the nongovernmental organization if it is not compliant with the requirements established under subsection (a); and (C) withdrawal of authorization to administer the safe harbor program under this subtitle. (2) Annual reports by nongovernmental organizations Each year, each nongovernmental organization administering a safe harbor program under this section shall submit to the Commission a report on its activities under this subtitle during the preceding year. 162. Participation in safe harbor program (a) Exemption Any covered entity that participates in, and demonstrates compliance with, a safe harbor program administered under section 161 shall be exempt from any provision of subtitle B or subtitle C if the Commission finds that the requirements of the safe harbor program are substantially the same as or more protective of privacy of individuals than the requirements of the provision from which the exemption is granted. (b) Limitation Nothing in this subtitle shall be construed to exempt any covered entity participating in a safe harbor program from compliance with any other requirement of the regulations promulgated under this title for which the safe harbor does not provide an exception. G Application with other Federal laws 171. Application with other Federal laws (a) Qualified exemption for persons subject to other Federal privacy laws If a person is subject to a provision of this title and a provision of a Federal privacy law described in subsection (d), such provision of this title shall not apply to such person to the extent that such provision of Federal privacy law applies to such person. (b) Protection of other Federal privacy laws Nothing in this title may be construed to modify, limit, or supersede the operation of the Federal privacy laws described in subsection (d) or the provision of information permitted or required, expressly or by implication, by such laws, with respect to Federal rights and practices. (c) Communications infrastructure and privacy If a person is subject to a provision of section 222 or 631 of the Communications Act of 1934 (47 U.S.C. 222 and 551) and a provision of this title, such provision of such section 222 or 631 shall not apply to such person to the extent that such provision of this title applies to such person. (d) Other Federal privacy laws described The Federal privacy laws described in this subsection are as follows: (1) Section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974). (2) The Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 et seq. ). (3) The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ). (4) The Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ). (5) The Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ). (6) Title V of the Gramm-Leach-Bliley Act of 1999 ( 15 U.S.C. 6801 et seq. ). (7) Chapters 119, 123, and 206 of title 18, United States Code. (8) Section 2710 of title 18, United States Code. (9) Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). (10) Section 445 of the General Education Provisions Act ( 20 U.S.C. 1232h ). (11) The Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa et seq. ). (12) The regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), as such regulations relate to a person described in section 1172(a) of the Social Security Act ( 42 U.S.C. 1320d–1(a) ) or to transactions referred to in section 1173(a)(1) of such Act ( 42 U.S.C. 1320d–2(a)(1) ). (13) The Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 et seq. ). (14) Section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ). H Development of commercial data privacy policy in the Department of Commerce 181. Direction to develop commercial data privacy policy The Secretary of Commerce shall contribute to the development of commercial data privacy policy by— (1) convening private sector stakeholders, including members of industry, civil society groups, academia, in open forums, to develop codes of conduct in support of applications for safe harbor programs under subtitle F; (2) expanding interoperability between the United States commercial data privacy framework and other national and regional privacy frameworks; (3) conducting research related to improving privacy protection under this title; and (4) conducting research related to improving data sharing practices, including the use of anonymised data, and growing the information economy. II Online privacy of children 201. Short title This title may be cited as the Do Not Track Kids Act of 2014 . 202. Findings Congress finds the following: (1) Since the enactment of the Children’s Online Privacy Protection Act of 1998, the World Wide Web has changed dramatically, with the creation of tens of millions of websites, the proliferation of entirely new media platforms, and the emergence of a diverse ecosystem of services, devices, and applications that enable users to connect wirelessly within an online environment without being tethered to a desktop computer. (2) The explosive growth of the Internet ecosystem has unleashed a wide array of opportunities to learn, communicate, participate in civic life, access entertainment, and engage in commerce. (3) In addition to these significant benefits, the Internet also presents challenges, particularly with respect to the efforts of entities to track the online activities of children and minors and to collect, use, and disclose personal information about them, including their geolocation, for commercial purposes. (4) Children and teens are visiting numerous companies’ websites, and marketers are using multimedia games, online quizzes, and mobile phone and tablet applications to create ties to children and teens. (5) According to a study by the Wall Street Journal in 2010, websites directed to children and teens were more likely to use cookies and other tracking tools than sites directed to a general audience. (6) This study examined 50 popular websites for children and teens in the United States and found that these 50 sites placed 4,123 cookies, beacons, and other tracking tools on the test computer used for the study. (7) This is 30 percent greater than the number of such tracking tools that were placed on the test computer in a similar study of the 50 overall most popular websites in the United States, which are generally directed to adults. (8) Children and teens lack the cognitive ability to distinguish advertising from program content and to understand that the purpose of advertising is to persuade them, making them unable to activate the defenses on which adults rely. (9) Children and teens are less able than adults to understand the potential long-term consequences of having their information available to third parties, including advertisers, and other individuals. (10) According to Common Sense Media and the Center for Digital Democracy, 90 percent of teens have used some form of social media, 75 percent have a social networking site, and 51 percent check their social networking site at least once a day. (11) Ninety-one percent of parents and 91 percent of adults believe it is not okay for advertisers to collect information about a child’s location from that child’s mobile phone. (12) Ninety-four percent of parents and 91 percent of adults agree that advertisers should receive the parent’s permission before putting tracking software on a child’s computer. (13) Ninety-six percent of parents and 94 percent of adults expressed disapproval when asked if it is okay for a website to ask children for personal information about their friends . (14) Eighty-eight percent of parents would support a law that requires search engines and social networking sites to get users’ permission before using their personal information. (15) A Commonsense Media/Zogby poll found that 94 percent of parents and 94 percent of adults believe individuals should have the ability to request the deletion, after a specific period of time, of all of their personal information held by an online search engine, social networking site, or marketing company. (16) According to a Pew/Berkman Center poll, 69 percent of parents of teens who engage in online activity are concerned about how that activity might affect their children’s future academic or employment opportunities. (17) Eighty-one percent of parents of teens who engage in online activity say they are concerned about how much information advertisers can learn about their children’s online activity. 203. Definitions (a) In general In this title: (1) Minor The term minor means an individual over the age of 12 and under the age of 16. (2) Targeted marketing The term targeted marketing means advertising or other efforts to market a product or service that are directed to a specific individual or device— (A) based on the personal information of the individual or a unique identifier of the device; and (B) as a result of use by the individual, or access by the device, of a website, online service, online application, or mobile application. (b) Terms defined by Commission In this title, the terms directed to minors and geolocation information shall have the meanings given such terms by the Commission by regulation. Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations that define such terms broadly enough so that they are not limited to current technology, consistent with the principles articulated by the Commission regarding the definition of the term Internet in its statement of basis and purpose on the final rule under the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ) promulgated on November 3, 1999 (64 Fed. Reg. 59891). (c) Other definitions The definitions set forth in section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ), as amended by section 3(a), shall apply in this title, except to the extent the Commission provides otherwise by regulations issued under section 553 of title 5, United States Code. 204. Online collection, use, and disclosure of personal information of children (a) Definitions Section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended— (1) by amending paragraph (2) to read as follows: (2) Operator The term operator — (A) means any person who, for commercial purposes, in interstate or foreign commerce, operates or provides a website on the Internet, online service, online application, or mobile application, and who— (i) collects or maintains, either directly or through a service provider, personal information from or about the users of such website, service, or application; (ii) allows another person to collect personal information directly from users of such website, service, or application (in which case the operator is deemed to have collected the information); or (iii) allows users of such website, service, or application to publicly disclose personal information (in which case the operator is deemed to have collected the information); and (B) does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). ; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: (A) the release of personal information for any purpose, except where such information is provided to a person other than an operator who provides support for the internal operations of the website, online service, online application, or mobile application of the operator and does not disclose or use that information for any other purpose; and ; and (B) in subparagraph (B), by striking website or online service and inserting website, online service, online application, or mobile application ; (3) in paragraph (8)— (A) by amending subparagraph (G) to read as follows: (G) information concerning a child or the parents of that child (including any unique or substantially unique identifier, such as a customer number) that an operator collects online from the child and combines with an identifier described in subparagraphs (A) through (G). ; (B) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (C) by inserting after subparagraph (E) the following new subparagraph: (F) information (including an Internet protocol address) that permits the identification of an individual, the computer of an individual, or any other device used by an individual to access the Internet or an online service, online application, or mobile application; ; (4) by striking paragraph (10) and redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively; and (5) by adding at the end the following new paragraph: (12) Online, online service, online application, mobile application, directed to children The terms online , online service , online application , mobile application , and directed to children shall have the meanings given such terms by the Commission by regulation. Not later than 1 year after the date of the enactment of the Commercial Privacy Bill of Rights Act of 2014 , the Commission shall promulgate, under section 553 of title 5, United States Code, regulations that define such terms broadly enough so that they are not limited to current technology, consistent with the principles articulated by the Commission regarding the definition of the term Internet in its statement of basis and purpose on the final rule under this title promulgated on November 3, 1999 (64 Fed. Reg. 59891). The definition of the term online service in such regulations shall include broadband Internet access service (as defined in the Report and Order of the Federal Communications Commission relating to the matter of preserving the open Internet and broadband industry practices (FCC 10–201, adopted by the Commission on December 21, 2010)). . (b) Online collection, use, and disclosure of personal information of children Section 1303 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 ) is amended— (1) by striking the heading and inserting the following: Online collection, use, and disclosure of personal information of children. ; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general It is unlawful for an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child, to collect personal information from a child in a manner that violates the regulations prescribed under subsection (b). ; and (B) in paragraph (2)— (i) by striking of such a website or online service ; and (ii) by striking subsection (b)(1)(B)(iii) and inserting subsection (b)(1)(C)(iii) ; and (3) in subsection (b)— (A) by amending paragraph (1) to read as follows: (1) In general Not later than 1 year after the date of the enactment of the Commercial Privacy Bill of Rights Act of 2014 , the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to require an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child— (A) to provide clear and conspicuous notice in clear and plain language of the types of personal information the operator collects, how the operator uses such information, whether the operator discloses such information, and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children except in accordance with the regulations promulgated under this paragraph; (B) to obtain verifiable parental consent for the collection, use, or disclosure of personal information of a child; (C) to provide to a parent whose child has provided personal information to the operator, upon request by and proper identification of the parent— (i) a description of the specific types of personal information collected from the child by the operator; (ii) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of personal information collected from the child; and (iii) a means that is reasonable under the circumstances for the parent to obtain any personal information collected from the child, if such information is available to the operator at the time the parent makes the request; (D) not to condition participation in a game, or use of a website, service, or application, by a child on the provision by the child of more personal information than is reasonably required to participate in the game or use the website, service, or application; and (E) to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children. ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking paragraph (1)(A)(ii) and inserting paragraph (1)(B) ; and (ii) in subparagraph (A), by inserting or to contact a different child after to recontact the child ; (C) by amending paragraph (3) to read as follows: (3) Continuation of service The regulations shall prohibit an operator from discontinuing service provided to a child on the basis of refusal by the parent of the child, under the regulations prescribed under paragraph (1)(C)(ii), to permit the further use or maintenance in retrievable form, or future collection, by the operator of personal information collected from the child, to the extent that the operator is capable of providing such service without such information. ; and (D) by adding at the end the following: (4) Rule for treatment of users of websites, services, and applications directed to children An operator of a website, online service, online application, or mobile application that is directed to children shall treat all users of such website, service, or application as children for purposes of this title, except as permitted by the Commission by a regulation promulgated under this title. . (c) Administration and applicability of Act Section 1306 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6505 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking , in the case of and all that follows and inserting the following: by the appropriate Federal banking agency with respect to any insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 )); ; and (B) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) by adding at the end the following new subsection: (f) Telecommunications carriers and cable operators (1) Enforcement by FTC Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), compliance with the requirements imposed under this title shall be enforced by the Commission with respect to any telecommunications carrier (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)). (2) Relationship to other law To the extent that sections 222, 338(i), and 631 of the Communications Act of 1934 ( 47 U.S.C. 222 ; 338(i); 551) are inconsistent with this title, this title controls. . 205. Targeted marketing to children or minors (a) Acts prohibited It is unlawful for— (1) an operator of a website, online service, online application, or mobile application directed to children, or an operator having actual knowledge that personal information being collected is from a child, to use, disclose to third parties, or compile personal information for targeted marketing purposes without verifiable parental consent; or (2) an operator of a website, online service, online application, or mobile application directed to minors, or an operator having actual knowledge that personal information being collected is from a minor, to use, disclose to third parties, or compile personal information for targeted marketing purposes without the consent of the minor. (b) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section. 206. Digital Marketing Bill of Rights for Teens and Fair Information Practices Principles (a) Acts prohibited It is unlawful for an operator of a website, online service, online application, or mobile application directed to minors, or an operator having actual knowledge that personal information being collected is from a minor, to collect personal information from a minor unless such operator has adopted and complies with a Digital Marketing Bill of Rights for Teens that is consistent with the Fair Information Practices Principles described in subsection (b). (b) Fair Information Practices Principles The Fair Information Practices Principles described in this subsection are the following: (1) Collection limitation principle Except as provided in paragraph (3), personal information should be collected from a minor only when collection of the personal information is— (A) consistent with the context of a particular transaction or service or the relationship of the minor with the operator, including collection necessary to fulfill a transaction or provide a service requested by the minor; or (B) required or specifically authorized by law. (2) Data quality principle The personal information of a minor should be accurate, complete, and kept up-to-date to the extent necessary to fulfill the purposes described in subparagraphs (A) through (D) of paragraph (3). (3) Purpose specification principle The purposes for which personal information is collected should be specified to the minor not later than at the time of the collection of the information. The subsequent use or disclosure of the information should be limited to— (A) fulfillment of the transaction or service requested by the minor; (B) support for the internal operations of the website, service, or application, as described in section 312.2 of title 16, Code of Federal Regulations; (C) compliance with legal process or other purposes expressly authorized under specific legal authority; or (D) other purposes— (i) that are specified in a notice to the minor; and (ii) to which the minor has consented under paragraph (7) before the information is used or disclosed for such other purposes. (4) Retention limitation principle The personal information of a minor should not be retained for longer than is necessary to fulfill a transaction or provide a service requested by the minor or such other purposes specified in subparagraphs (A) through (D) of paragraph (3). The operator should implement a reasonable and appropriate data disposal policy based on the nature and sensitivity of such personal information. (5) Security safeguards principle The personal information of a minor should be protected by reasonable and appropriate security safeguards against risks such as loss or unauthorized access, destruction, use, modification, or disclosure. (6) Openness principle (A) In general The operator should maintain a general policy of openness about developments, practices, and policies with respect to the personal information of a minor. The operator should provide each minor using the website, online service, online application, or mobile application of the operator with a clear and prominent means— (i) to identify and contact the operator, by, at a minimum, disclosing, clearly and prominently, the identity of the operator and— (I) in the case of an operator who is an individual, the address of the principal residence of the operator and an e-mail address and telephone number for the operator; or (II) in the case of any other operator, the address of the principal place of business of the operator and an e-mail address and telephone number for the operator; (ii) to determine whether the operator possesses any personal information of the minor, the nature of any such information, and the purposes for which the information was collected and is being retained; (iii) to obtain any personal information of the minor that is in the possession of the operator from the operator, or from a person specified by the operator, within a reasonable time after making a request, at a charge (if any) that is not excessive, in a reasonable manner, and in a form that is readily intelligible to the minor; (iv) to challenge the accuracy of personal information of the minor that is in the possession of the operator; and (v) if the minor establishes the inaccuracy of personal information in a challenge under clause (iv), to have such information erased, corrected, completed, or otherwise amended. (B) Limitation Nothing in this paragraph shall be construed to permit an operator to erase or otherwise modify personal information requested by a law enforcement agency pursuant to legal authority. (7) Individual participation principle The operator should— (A) obtain consent from a minor before using or disclosing the personal information of the minor for any purpose other than the purposes described in subparagraphs (A) through (C) of paragraph (3); and (B) obtain affirmative express consent from a minor before using or disclosing previously collected personal information of the minor for purposes that constitute a material change in practice from the original purposes specified to the minor under paragraph (3). (c) Regulations Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations to implement this section, including regulations further defining the Fair Information Practices Principles described in subsection (b). 207. Online collection of geolocation information of children and minors (a) Acts prohibited (1) In general It is unlawful for an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that geolocation information being collected is from a child or minor, to collect geolocation information from a child or minor in a manner that violates the regulations prescribed under subsection (b). (2) Disclosure to parent or minor protected Notwithstanding paragraph (1), neither an operator nor the operator’s agent shall be held to be liable under any Federal or State law for any disclosure made in good faith and following reasonable procedures in responding to a request for disclosure of geolocation information under subparagraph (C)(ii)(III) or (D)(ii)(III) of subsection (b)(1). (b) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations that require an operator of a website, online service, online application, or mobile application directed to children or minors, or an operator having actual knowledge that geolocation information being collected is from a child or minor— (A) to provide clear and conspicuous notice in clear and plain language of any geolocation information the operator collects, how the operator uses such information, and whether the operator discloses such information; (B) to establish procedures or mechanisms to ensure that geolocation information is not collected from children or minors except in accordance with regulations promulgated under this paragraph; (C) in the case of collection of geolocation information from a child— (i) prior to collecting such information, to obtain verifiable parental consent; and (ii) after collecting such information, to provide to the parent of the child, upon request by and proper identification of the parent— (I) a description of the geolocation information collected from the child by the operator; (II) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of geolocation information from the child; and (III) a means that is reasonable under the circumstances for the parent to obtain any geolocation information collected from the child, if such information is available to the operator at the time the parent makes the request; and (D) in the case of collection of geolocation information from a minor— (i) prior to collecting such information, to obtain affirmative express consent from such minor; and (ii) after collecting such information, to provide to the minor, upon request— (I) a description of the geolocation information collected from the minor by the operator; (II) the opportunity at any time to refuse to permit the further use or maintenance in retrievable form, or future collection, by the operator of geolocation information from the minor; and (III) a means that is reasonable under the circumstances for the minor to obtain any geolocation information collected from the minor, if such information is available to the operator at the time the minor makes the request. (2) When consent not required The regulations promulgated under paragraph (1) shall provide that verifiable parental consent under subparagraph (C)(i) of such paragraph or affirmative express consent under subparagraph (D)(i) of such paragraph is not required when the collection of the geolocation information of a child or minor is necessary, to the extent permitted under other provisions of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety. (3) Continuation of service The regulations promulgated under paragraph (1) shall prohibit an operator from discontinuing service provided to— (A) a child on the basis of refusal by the parent of the child, under subparagraph (C)(ii)(II) of such paragraph, to permit the further use or maintenance in retrievable form, or future online collection, of geolocation information from the child by the operator, to the extent that the operator is capable of providing such service without such information; or (B) a minor on the basis of refusal by the minor, under subparagraph (D)(ii)(II) of such paragraph, to permit the further use or maintenance in retrievable form, or future online collection, of geolocation information from the minor by the operator, to the extent that the operator is capable of providing such service without such information. (c) Inconsistent State law No State or local government may impose any liability for commercial activities or actions by operators in interstate or foreign commerce in connection with an activity or action described in this section that is inconsistent with the treatment of those activities or actions under this section. 208. Removal of content (a) Acts prohibited It is unlawful for an operator of a website, online service, online application, or mobile application to make publicly available through the website, service, or application content or information that contains or displays personal information of children or minors in a manner that violates the regulations prescribed under subsection (b). (b) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate, under section 553 of title 5, United States Code, regulations that require an operator— (A) to the extent technologically feasible, to implement mechanisms that permit a user of the website, service, or application of the operator to erase or otherwise eliminate content or information submitted to the website, service, or application by such user that is publicly available through the website, service, or application and contains or displays personal information of children or minors; and (B) to take appropriate steps to make users aware of such mechanisms and to provide notice to users that such mechanisms do not necessarily provide comprehensive removal of the content or information submitted by such users. (2) Exception The regulations promulgated under paragraph (1) may not require an operator or third party to erase or otherwise eliminate content or information that— (A) any other provision of Federal or State law requires the operator or third party to maintain; or (B) was submitted to the website, service, or application of the operator by any person other than the user who is attempting to erase or otherwise eliminate such content or information, including content or information submitted by such user that was republished or resubmitted by another person. (3) Limitation Nothing in this section shall be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction. 209. Enforcement and applicability (a) Enforcement by the Commission (1) In general Except as otherwise provided, this title and the regulations prescribed under this title shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (2) Unfair or deceptive acts or practices Subject to subsection (b), a violation of this title or a regulation prescribed under this title shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (3) Actions by the Commission (A) In general Subject to subsection (b), and except as provided in subsection (d)(1), the Commission shall prevent any person from violating this title or a regulation prescribed under this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this title. (B) Privileges and immunities Any person who violates this title or a regulation prescribed under this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (b) Enforcement by certain other agencies Notwithstanding subsection (a), compliance with the requirements imposed under this title shall be enforced as follows: (1) Under section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ) by the appropriate Federal banking agency, with respect to an insured depository institution (as such terms are defined in section 3 of such Act ( 12 U.S.C. 1813 )). (2) Under the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) by the National Credit Union Administration Board, with respect to any Federal credit union. (3) Under part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to such part. (4) Under the Packers and Stockyards Act, 1921 ( 7 U.S.C. 181 et seq. ) (except as provided in section 406 of such Act ( 7 U.S.C. 226 ; 227)) by the Secretary of Agriculture, with respect to any activities subject to such Act. (5) Under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. ) by the Farm Credit Administration, with respect to any Federal land bank, Federal land bank association, Federal intermediate credit bank, or production credit association. (c) Enforcement by States (1) Civil actions In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this title or a regulation prescribed under this title, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with this title or such regulation; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Federal Trade Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers For purposes of bringing any civil action under paragraph (1), nothing in this title shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (4) Preemptive action by Federal Trade Commission If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of this title, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (6) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (d) Telecommunications carriers and cable operators (1) Enforcement by FTC Notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), compliance with the requirements imposed under this title shall be enforced by the Commission with respect to any telecommunications carrier (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)). (2) Relationship to other law To the extent that sections 222, 338(i), and 631 of the Communications Act of 1934 ( 47 U.S.C. 222 ; 338(i); 551) are inconsistent with this title, this title controls. 210. Rule for treatment of users of websites, services, and applications directed to children or minors An operator of a website, online service, online application, or mobile application that is directed to children or minors shall treat all users of such website, service, or application as children or minors (as the case may be) for purposes of this title, except as permitted by the Commission by a regulation promulgated under this title. 211. Effective dates (a) In general Except as provided in subsections (b) and (c), this title and the amendments made by this title shall take effect on the date that is 1 year after the date of the enactment of this Act. (b) Authority To promulgate regulations The following shall take effect on the date of the enactment of this Act: (1) The amendments made by subsections (a)(5) and (b)(3)(A) of section 204. (2) Sections 205(b), 206(c), 207(b), and 208(b). (3) Subsections (b) and (c) of section 203. (c) Digital Marketing Bill of Rights for Teens Section 206, except for subsection (c) of such section, shall take effect on the date that is 180 days after the promulgation of regulations under such subsection.
https://www.govinfo.gov/content/pkg/BILLS-113hr4711ih/xml/BILLS-113hr4711ih.xml
113-hr-4712
I 113th CONGRESS 2d Session H. R. 4712 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Ms. Titus (for herself, Mr. Bishop of Utah , Mr. Stewart , Mr. Cramer , and Mr. Simpson ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide priority for the establishment of new national cemeteries by the Secretary of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Veterans National Remembrance Act . 2. Establishment of new national cemeteries by the Secretary of Veterans Affairs (a) In general Section 2404 of title 38, United States Code, is amended by adding at the end the following new subsection: (i) (1) In selecting a location for the establishment of a new national cemetery under this chapter, the Secretary shall— (A) give priority to a location in accordance with paragraph (2); and (B) with respect to a location given such priority, ensure that the location is within 10 miles of the location that the Secretary determines likely to have a significant amount of the population to be served by such national cemetery during the 25-year period following such establishment. (2) (A) Except as provided by subparagraph (C), in selecting a location for the establishment of a new national cemetery under this chapter, the Secretary shall give priority to a State that does not have a national cemetery. (B) In determining priority among more than one State described in subparagraph (A), the Secretary shall give priority to the State that has the largest population of veterans. (C) After any time that the Secretary establishes two national cemeteries in accordance with the priority described in subparagraph (A), the Secretary may waive the requirements of such priority in establishing the national cemetery that immediately follows such two national cemeteries if the Secretary determines that such waiver will allow the Secretary to establish a national cemetery that will serve a larger population of veterans as compared to establishing a national cemetery in accordance with such priority. (3) In this subsection, the term national cemetery — (A) includes— (i) the cemeteries described in section 2400(b) of this title; and (ii) any traditional or vaulted internments— (I) located on land that is larger than 20 acres; and (II) administered and operated by employees of the Department; and (B) does not include facilities of the National Cemetery Administration that are located in rural areas to serve small populations of veterans (commonly known as National Burial Grounds ). . (b) Construction Subsection (i) of section 2404 of title 38, United States Code, as added by subsection (a), may not be construed as affecting the plans of the Secretary of Veterans Affairs, as of the date of the enactment of this Act, to establish National Burial Grounds or National Columbariums.
https://www.govinfo.gov/content/pkg/BILLS-113hr4712ih/xml/BILLS-113hr4712ih.xml
113-hr-4713
I 113th CONGRESS 2d Session H. R. 4713 IN THE HOUSE OF REPRESENTATIVES May 21, 2014 Mr. Womack introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Child Nutrition Act of 1966 to exempt school-based enterprises from nutrition standards. 1. Short title This Act may be cited as the Jumpstarting Occupational-learning and Entrepreneurship Act or the JOE Act . 2. Exemption of school-based enterprises from nutrition standards Section 10(b)(1) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1779(b)(1) ) is amended— (1) in subparagraph (C)— (A) by striking and at the end of clause (i); (B) by striking the period at the end of clause (ii)(IV) and inserting ; and ; and (C) by adding at the end the following: (iii) exempt from such nutrition standards school-based enterprises managed as part of a school’s curriculum. ; and (2) by adding at the end the following: (E) School-based enterprise defined For purposes of this subsection, the term school-based enterprise means an entrepreneurial operation in a school setting that— (i) provides goods or services to meet the needs of the market; (ii) is managed and operated by students enrolled in the school as a hands-on learning laboratory; (iii) provides realistic and practical learning experiences that reinforce classroom instruction; (iv) may sell to consumers through a permanent location, a mobile kiosk, or through Internet marketing; and (v) may sell products such as food and beverage items, or provide services such as event catering. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4713ih/xml/BILLS-113hr4713ih.xml
113-hr-4714
I 113th CONGRESS 2d Session H. R. 4714 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. George Miller of California (for himself, Ms. Waters , Mr. Welch , Ms. Slaughter , Mr. Scott of Virginia , Mr. Cummings , Mr. Waxman , Mr. Conyers , Mr. Tierney , Mrs. Davis of California , Mr. Grijalva , Mr. Bishop of New York , Mr. Sablan , Ms. Wilson of Florida , Ms. Bonamici , Mr. Pocan , Mr. Takano , Mr. Ellison , Mr. Cartwright , Ms. Clarke of New York , Mr. Jeffries , Mr. McDermott , Mr. Nadler , Ms. Pingree of Maine , Mr. Huffman , Mr. Thompson of California , Ms. Lee of California , Ms. Lofgren , Ms. Chu , Mrs. Napolitano , Mr. Lowenthal , Ms. Brownley of California , Mr. Schiff , Ms. Bass , Mr. Enyart , Ms. Norton , Ms. Shea-Porter , Mr. Rangel , Mrs. McCarthy of New York , Mr. Butterfield , Ms. Eshoo , Mr. Meeks , Mr. Sarbanes , Mr. Hinojosa , Mr. Farr , Ms. Matsui , Mr. Danny K. Davis of Illinois , Ms. Schakowsky , Mr. Carson of Indiana , Ms. Speier , Ms. Brown of Florida , Mr. Van Hollen , Mr. Honda , Mr. Clay , Mr. DeFazio , Ms. Frankel of Florida , Ms. Fudge , Mr. Gene Green of Texas , Mr. Yarmuth , Mr. Braley of Iowa , Mr. Rush , and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Higher Education Act of 1965 to establish requirements for preferred banking arrangements, and for other purposes. 1. Short title This Act may be cited as the Curbing Abusive Marketing Practices with University Student Debit Cards Act or the CAMPUS Debit Cards Act . 2. Preferred banking arrangements Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended— (1) in subsection (a), by adding at the end the following new paragraph: (30) In the case of an institution that has entered into a preferred banking arrangement, the institution will meet the requirements of subsection (k). ; (2) in subsection (i), by adding at the end the following new paragraph: (7) Preferred banking arrangement (A) In general The term preferred banking arrangement means an arrangement or agreement between a financial institution and an institution of higher education under which the institution of higher education directly or indirectly recommends, promotes, or endorses to its students, or requires the delivery of funds awarded under this Act to its students through, the deposit accounts or the general-use prepaid cards of the financial institution or the financial institution in general. (B) Financial terms For purposes of this paragraph— (i) the terms bank and savings association have the definition given those terms, respectively, under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); (ii) the term credit union means a Federal credit union and a State credit union as those terms are defined, respectively, under section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); (iii) the term financial institution means a bank, savings association, credit union, or a person who has entered into an agreement with a bank, savings association, or credit union; and (iv) the term general-use prepaid card — (I) means a card or other payment code or device issued by any person that is— (aa) redeemable at multiple merchants or service providers, or automated teller machines; (bb) purchased or loaded on a prepaid basis; and (cc) honored, upon presentation, by merchants for goods or services, or at automated teller machines; and (II) does not include an electronic promise, plastic card, or payment code or device that is— (aa) used solely for telephone services; (bb) a loyalty, award, or promotional gift card, as defined by the Secretary; (cc) issued in paper form only (including for tickets and events); or (dd) redeemable solely for admission to events or venues at a particular location or group of affiliated locations, which may also include services or goods obtainable at the event or venue after admission or in conjunction with admission to such events or venues, at specific locations affiliated with and in geographic proximity to the event or venue. ; and (3) by adding at the end the following new subsection: (k) Requirements for preferred banking arrangement (1) In general An institution of higher education that enters into a preferred banking arrangement with a financial institution shall— (A) develop a code of conduct with respect to the preferred banking arrangement with which the officers, employees, and agents of the institution of higher education shall comply, that— (i) prohibits a conflict of interest with the responsibilities of an officer, employee, or agent of the institution of higher education with respect to such arrangement; (ii) requires each such officer, employee, and agent to act in the best interests of the students enrolled at the institution of higher education in carrying out such arrangement; and (iii) at a minimum, includes the provisions described in paragraph (2); (B) publish such code of conduct prominently on the website of the institution of higher education; (C) administer such code by, at a minimum, requiring that all of the officers, employees, and agents of the institution of higher education with responsibilities with respect to the preferred banking arrangement be annually informed of the provisions of the code of conduct; and (D) provide effective enforcement of such code. (2) Code of conduct requirements The code of conduct requirements described in this paragraph are as follows: (A) Ban on revenue-sharing arrangements (i) Prohibition The institution of higher education shall not enter into any revenue-sharing arrangement with any financial institution. (ii) Definition For purposes of this subparagraph, the term revenue-sharing arrangement — (I) means an arrangement between an institution of higher education and a financial institution under which— (aa) a financial institution provides deposit accounts or general-use prepaid cards to students attending the institution of higher education or to the families of such students; and (bb) the institution of higher education recommends, promotes, utilizes, sponsors, or otherwise endorses the financial institution or the deposit accounts or general-use prepaid cards of the financial institution and in exchange, the financial institution pays a fee or provides other material benefits, including revenue or profit sharing, to the institution of higher education, or an officer, employee, or agent of the institution of higher education; and (II) does not include an arrangement under which a financial institution pays a fair market price to an institution of higher education for the advertising or marketing of the financial institution to the general public by the institution of higher education. (B) Gift ban (i) Prohibition No officer, employee, or agent of an institution of higher education who has responsibilities with respect to a preferred banking arrangement or has other responsibilities with respect to a financial institution shall solicit or accept any gift from the financial institution. (ii) Definition In this subparagraph, the term gift means any gratuity, favor, discount, entertainment, hospitality, loan, or other item having a monetary value of more than a de minimus amount. The term includes a gift of services, transportation, lodging, or meals, whether provided in kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. (iii) Exceptions The term gift shall not include any of the following: (I) Standard material, activities, or programs on issues related to a loan, default aversion, default prevention, or financial literacy, such as a brochure, a workshop, or training, but only if such materials, activities, or programs do not promote a product or service of a financial institution. (II) Favorable terms, conditions, and benefits on the financial products of the financial institution made available to all employees of the institution of higher education if such terms, conditions, or benefits are comparable to those provided to all students of the institution of higher education. (III) Entrance and exit counseling services provided to borrowers to meet the responsibilities of the institution of higher education for entrance and exit counseling as required by subsections (b) and (l) of section 485, as long as— (aa) the staff of the institution of higher education are in control of the counseling (whether in person or via electronic capabilities); and (bb) such counseling does not promote the products or services of any specific lender. (IV) Philanthropic contributions to an institution of higher education from a financial institution that are unrelated to the deposit accounts or the general-use prepaid cards of the financial institution or the financial institution in general or any contribution from the financial institution that is not made in exchange for any advantage related to the financial institution. (V) State education grants, scholarships, or financial aid funds administered by or on behalf of a State. (iv) Rule for gifts to family members For purposes of this subparagraph, a gift to a family member of an officer, employee, or agent of an institution of higher education, or to any other individual based on that individual’s relationship with the officer, employee, or agent, shall be considered a gift to the officer, employee, or agent if— (I) the gift is given with the knowledge and acquiescence of the officer, employee, or agent; and (II) the officer, employee, or agent has reason to believe the gift was given because of the official position of the officer, employee, or agent. (C) Ban on staffing assistance (i) Prohibition The institution of higher education shall not request or accept from any financial institution any assistance with any office or department of the institution of higher education. (ii) Certain assistance permitted Nothing in this paragraph shall be construed to prohibit the institution of higher education from requesting or accepting assistance from a financial institution related to— (I) professional development training for financial aid administrators; (II) providing educational counseling materials, financial literacy materials, or debt management materials to borrowers, provided that such materials disclose to borrowers the identification of any financial institution that assisted in preparing or providing such materials; or (III) staffing services on a short-term, nonrecurring basis to assist the institution of higher education with financial aid-related functions during emergencies, including State-declared or federally declared natural disasters, federally declared national disasters, and other localized disasters and emergencies identified by the Secretary. (D) Contracting arrangements prohibited (i) In general Except as provided in clause (ii), an officer, employee, or agent of an institution of higher education who has responsibilities with respect to a preferred banking arrangement or has other responsibilities with respect to a financial institution shall not accept from any financial institution any fee, payment, or other financial benefit (including the opportunity to purchase stock) as compensation for any type of consulting arrangement or other contract to provide services to or on behalf of the financial institution. (ii) Exception Clause (i) shall not prohibit an institution of higher education from permitting an officer, employee, agent, or contractor of a financial institution to serve on a board of directors, or as a trustee, of the institution of higher education, if the institution of higher education has a written conflict of interest policy that requires such a board member or trustee to recuse themselves from any decision regarding deposit or prepaid accounts or a preferred banking arrangement at the institution of higher education. (E) Interaction with students The institution of higher education shall not deny or cause unnecessary delay in the disbursement of a loan or grant under this title based on a student’s selection of a particular financial institution. (F) Advisory board compensation An employee, officer, or agent of an institution of higher education who has responsibilities with respect to a preferred banking arrangement or has other responsibilities with respect to a financial institution, and who serves on an advisory board, commission, or group established by a financial institution, shall be prohibited from receiving anything of value from the financial institution, except that the employee may be reimbursed for reasonable expenses incurred in serving on such advisory board, commission, or group. . 3. Disbursement of credit balance 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. Disbursement of credit balance (a) Establishment of System for Disbursement Not later than 3 years after the date of enactment of the CAMPUS Debit Cards Act, each institution of higher education that enrolls a student who receives a grant or loan under this title shall establish a system for the disbursement of credit balances in accordance with subsection (b). (b) Electronic Payment System Each institution of higher education described in subsection (a) shall establish a system for disbursement of credit balances through electronic payments to a deposit account or a general-use prepaid card (defined in section 487(i)(7)) with the protections afforded under the Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.). (c) Distribution Options The Secretary of Education, in consultation with the Secretary of the Treasury and the Bureau of Consumer Financial Protection, shall conduct a pilot program on providing students with the option of receiving credit balances by using the Treasury Direct Express system established under section 3336 of title 31, United States Code, or through any other low-cost alternative as determined by the Secretary. (d) Credit Balance In this section, the term credit balance means the amount of program funds under this title credited to a student’s ledger account at an institution of higher education that exceed the amount assessed the student by the institution for allowable institutional charges, as defined by the Secretary. . 4. Preventing unfair and deceptive marketing of financial products to students of institutions of higher education (a) In general The Consumer Financial Protection Act of 2010 is amended by inserting after section 1031 the following: 1031A. Preventing unfair and deceptive marketing of financial products to students of institutions of higher education (a) Definitions In this section: (1) Financial institution The term financial institution means any institution that offers, provides, or issues financial products, including banks, savings associations, and credit unions. (2) Institution of higher education The term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (b) Disclosure required (1) Disclosure by institutions of higher education An institution of higher education, or an alumni organization or foundation affiliated with or related to an institution of higher education, shall publicly disclose (including on the website of such institution, organization, or foundation) any contract or other agreement made with a financial institution for the purpose of marketing a financial product— (A) in the case of a contract or agreement entered into before the date of enactment of this section, by not later than 90 days after such date of enactment; and (B) in the case of a contract or agreement entered into on or after such date of enactment, by not later than 90 days after the institution, organization, or foundation enters into the contract or agreement. (2) Reports by financial institutions (A) In general Each financial institution shall submit an annual report to the Bureau containing the terms and conditions of all contracts or other agreements made with an institution of higher education, or an alumni organization or foundation affiliated with or related to an institution of higher education, relating to any financial product offered to students at such institution of higher education. (B) Details of report The report under subparagraph (A) shall include— (i) any memorandum of understanding between or among the financial institution and an institution of higher education, alumni organization, or foundation that directly or indirectly relates to any aspect of any agreement referred to in subparagraph (A) or controls or directs any obligations or distribution of benefits between or among any such entities; (ii) the amount of any payments from the financial institution to the institution of higher education, alumni organization, or foundation during the period covered by the report, and the precise terms of any agreement under which such amounts are determined; and (iii) the number of financial products covered by any such agreement that were originated during the period covered by the report, and the total number of financial products covered by the agreement that were outstanding at the end of such period. (C) Aggregation of information The information required to be reported under subparagraph (A) shall be aggregated with respect to each institution of higher education or alumni organization or foundation affiliated with or related to such institution of higher education. (D) Initial report The initial report required under subparagraph (A) shall be submitted to the Bureau not later than 1 year after the date of enactment of this section. (3) Reports by Bureau The Bureau shall submit to Congress, and make available to the public, an annual report that lists the information concerning the agreements submitted to the Bureau under paragraph (2) by each financial institution, institution of higher education, alumni organization, or foundation. (4) Record repository The Bureau shall establish and maintain on its publicly available website a central repository of all contracts and other agreements contained in reports received from financial institutions pursuant to this paragraph, and such contracts and agreements shall be in a form that is easily accessible and retrievable by the public. (c) Inducements prohibited No financial institution may offer to a student at an institution of higher education any tangible or intangible item to induce the student to apply, purchase, or obtain a financial product offered by the financial institution, if the offer is made– (1) on the campus of an institution of higher education; (2) near the campus of an institution of higher education, as determined by rule of the Bureau; or (3) at an event sponsored by or related to an institution of higher education. . (b) Rulemaking required Not later than the end of the 2-year period beginning on the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue regulations identifying as unlawful unfair, deceptive, or abusive acts or practices in connection with any transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service, as described under section 1031 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5531 ). (c) Technical and conforming amendment The table of contents of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by adding after the item relating to section 1031 the following: 1031A. Preventing unfair and deceptive marketing of financial products to students of institutions of higher education. . 5. Study of financial product marketing (a) Study The Bureau of Consumer Financial Protection shall carry out a study on the marketing of financial products to students enrolled in institutions of higher education. Such study shall include an analysis of— (1) the extent to which financial institutions use an institution of higher education's name, emblem, mascot, logo, or other words, pictures, or symbols readily identified with such institution of higher education in the marketing of financial products, including deposit accounts, general purpose reloadable prepaid cards, and payment services; (2) the extent to which institutions of higher education provide access to campus facilities and sponsored functions to financial institutions, including orientation activities for new and prospective students; and (3) the extent to which agreements between financial institutions and institutions of higher education are accessible for inspection by students and their families. (b) Report Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Bureau shall issue a report to the Committees on Education and the Workforce and Financial Services of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Banking, Housing, and Urban Affairs of the Senate containing— (1) all findings and determinations made in carrying out the study required under subsection (a); and (2) any legislative recommendations the Bureau may have. (c) Rulemaking If, after conducting the study required under subsection (a), the Bureau determines that financial products are not marketed to students enrolled in institutions of higher education in a fair manner, the Bureau shall issue regulations to ensure such products are marketed in a fair manner. 6. Sense of Congress It is the sense of the Congress that financial products marketed to students enrolled in institutions of higher education should be presented in a fair and neutral manner. 7. Definitions For purposes of this Act, the terms financial institution and institution of higher education have the meanings given the terms in section 1031A of the Consumer Financial Protection Act of 2010, as added by section 3 of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4714ih/xml/BILLS-113hr4714ih.xml
113-hr-4715
I 113th CONGRESS 2d Session H. R. 4715 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Lankford introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committees on Transportation and Infrastructure and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To rescind unused earmarks provided for the Department of Transportation, and for other purposes. 1. Short title This Act may be cited as the Orphan Earmarks Act . 2. Unused earmarks (a) Definitions In this section— (1) the term agency has the meaning given the term Executive agency under section 105 of title 5, United States Code; (2) the term earmark means— (A) a congressionally directed spending item, as defined in rule XLIV of the Standing Rules of the Senate; and (B) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives; and (3) the term unused DOT earmark means an earmark of funds provided for the Department of Transportation as to which more than 90 percent of the dollar amount of the earmark of funds remains available for obligation at the end of the 9th fiscal year following the fiscal year during which the earmark was made available. (b) Rescission of unused DOT earmarks (1) In general Except as provided in paragraph (2), effective on October 1 of the 10th fiscal year after funds under an unused DOT earmark are made available, all unobligated amounts made available under the unused DOT earmark are rescinded. (2) Exception The Secretary of Transportation may delay the rescission of amounts made available under an unused DOT earmark for 1 year if the Secretary determines that an additional obligation of the earmark is likely to occur during the 10th fiscal year after funds under the unused DOT earmark are made available. (c) Agency-Wide identification and report (1) Agency identification Each agency shall identify and submit to the Director of the Office of Management and Budget an annual report regarding every project of the agency for which— (A) amounts are made available under an earmark; and (B) as of the end of a fiscal year, unobligated balances remain available. (2) Annual report The Director of the Office of Management and Budget shall submit to Congress and publically post on the website of the Office of Management and Budget an annual report that includes— (A) a listing and accounting for earmarks for which unobligated balances remain available, summarized by agency, which shall include, for each earmark— (i) the amount of funds made available under the original earmark; (ii) the amount of the unobligated balances that remain available; (iii) the fiscal year through which the funds are made available, if applicable; and (iv) recommendations and justifications for whether the earmark should be rescinded or retained in the next fiscal year; (B) the number of rescissions resulting from this section and the annual savings resulting from this section for the previous fiscal year; and (C) a listing and accounting for earmarks provided for the Department of Transportation scheduled to be rescinded under subsection (b) at the end of the fiscal year during which the report is submitted.
https://www.govinfo.gov/content/pkg/BILLS-113hr4715ih/xml/BILLS-113hr4715ih.xml
113-hr-4716
I 113th CONGRESS 2d Session H. R. 4716 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Gardner (for himself, Mr. Bishop of Utah , Mrs. Lummis , Mr. Stewart , Mr. Chaffetz , Mr. Tipton , Mr. Amodei , and Mr. Daines ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Secretary of the Interior and the Secretary of Agriculture to provide certain Western States assistance in the development of statewide conservation and management plans for the protection and recovery of sage grouse species, and for other purposes. 1. Short title This Act may be cited as the Sage Grouse Protection and Conservation Act . 2. Greater sage-grouse protection and conservation measures (a) Definitions In this section: (1) Covered western State The term covered western State means each of the States of California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. (2) National Forest System lands The term National Forest System lands means the Federal lands within the National Forest System, as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (3) Public lands The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) ). (4) Sage Grouse Species The term sage grouse species means the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus). (5) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands. (6) Statewide plan The term statewide plan means a statewide conservation and management plan for the protection and recovery of sage grouse species within a covered western State. (b) Secretarial participation in State planning process (1) In general Not later than 30 days after receipt of notice from a covered western State that the State is initiating or has initiated development of a statewide conservation and management plan for the protection and recovery of the sage grouse species within the State, the Secretary shall provide to the Governor of that covered western State— (A) a commitment of the Secretary’s willingness to participate in such development; (B) a list of designees from the Department of the Interior or Department of Agriculture, as applicable, who shall represent the Secretary as a participant in such development; and (C) a list of other Federal departments that could be invited by the covered western State to participate. (2) Access to information Not later than 60 days after receipt of such notice from the covered western State, the Secretary shall provide to the State all relevant scientific data, research, or information regarding sage grouse species and habitat within the State for use by appropriate State personnel to assist the State in such development. (3) Availability of Department personnel The Secretary shall make personnel from Department of the Interior agencies or Department of Agriculture agencies, respectively, available, on at least a monthly basis, to meet with officials of the State to develop or implement such a plan. (c) Contents of notice A notice under subsection (b) shall— (1) be submitted by a Governor of any covered western State; and (2) include— (A) an invitation for the Secretary to participate in development of the statewide plan; and (B) a commitment that, not later than 2 years after the submission of a notice under this section, the State shall present to the Secretary for review a 10-year (or longer) sage grouse species conservation and management plan for the entire State. (d) Review of State plan If the Secretary receives such a statewide plan from a covered western State not later than 2 years after receiving such notice from the State, the Secretary shall— (1) review the statewide plan using the best available science and data to determine if the statewide plan is likely to— (A) conserve the sage grouse species to the point at which the measures provided pursuant to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) are no longer necessary in the State; and (B) conserve the habitat essential to conserve the sage grouse species within the State; and (2) approve or endorse, or make comments on, the statewide plan not later than 120 days after it is submitted. (e) Actions after statewide plan is submitted (1) Hold on certain actions Not later than 30 days after receipt of such a statewide conservation and management plan from a covered western State, the Secretary shall— (A) take necessary steps to place on hold— (i) all actions with respect to listing any sage grouse species in that State under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), for a period of not less than 10 years; (ii) enforcement of any current listing of sage grouse species within that State under such Act; and (iii) designation of any critical habitat for any sage grouse species within that State under such Act; and (B) withdraw any land use planning activities related to Federal management of sage grouse on Federal lands within that State and take immediate steps to amend all Federal land use plans to comply with such plan with respect to that State, if— (i) the State presents to the Secretary its conservation and management plan not later than 2 years after the State submits notice to the Secretary under subsection (b); and (ii) the State is implementing the plan. (2) Actions pursuant to NEPA Any proposed action pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that occurs within a covered western State may not be denied or restricted solely on the basis of sage-grouse if such action is consistent with a statewide plan that has been submitted by the State to the Secretary. (f) Existing State plans The Secretary shall— (1) except as provided in paragraph (2), give effect to a statewide conservation and management plan for the protection and recovery of sage grouse species within a covered western State that is submitted by such State and approved or endorsed by the United States Fish and Wildlife Services before the date of the enactment of this Act, in accordance with the terms of approval or endorsement of the plan by the United States Fish and Wildlife Services; and (2) for purposes of subsections (b)(3) and (e), treat such a plan as a plan referred to in each such subsection.
https://www.govinfo.gov/content/pkg/BILLS-113hr4716ih/xml/BILLS-113hr4716ih.xml
113-hr-4717
I 113th CONGRESS 2d Session H. R. 4717 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Tiberi (for himself, Mr. Neal , Mr. Gerlach , Mr. Pascrell , Mr. Nunes , Mr. Rangel , Mr. Paulsen , Mr. Crowley , Ms. Jenkins , Mr. Renacci , Mr. Kind , Mr. Griffin of Arkansas , Mr. Blumenauer , Mr. Schock , Mr. McDermott , Mr. Reed , Mr. Larson of Connecticut , Mr. Reichert , Mr. Danny K. Davis of Illinois , Mr. Marchant , Mr. Kelly of Pennsylvania , Mr. Boustany , Mr. Young of Indiana , Mr. Gibbs , and Ms. Lofgren ) 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 and expand the temporary minimum credit rate for the low-income housing tax credit program. 1. Temporary minimum credit rate for the low-income housing tax credit program made permanent and expanded (a) Minimum credit amount for new buildings made permanent Subparagraph (A) of section 42(b)(2) of the Internal Revenue Code of 1986 is amended by striking with respect to housing credit dollar amount allocations made before January 1, 2014 . (b) Minimum credit for existing buildings Subsection (b) of section 42 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: (3) Minimum credit for existing buildings In the case of any existing building— (A) which is placed in service by the taxpayer after the date of the enactment of this paragraph, and (B) which is not federally subsidized for the taxable year, the applicable percentage shall not be less than 4 percent. . (c) Conforming amendment Section 42(b)(2) of such Code is amended by striking Temporary minimum and inserting Minimum . (d) Effective date The amendments made by this section shall apply to buildings placed in service after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4717ih/xml/BILLS-113hr4717ih.xml
113-hr-4718
I 113th CONGRESS 2d Session H. R. 4718 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Tiberi (for himself, Mr. Schock , Mr. Young of Indiana , Mr. Reed , Mr. Paulsen , Mr. Griffin of Arkansas , Mr. Nunes , Mr. Kelly of Pennsylvania , Mr. Brady of Texas , Ms. Jenkins , Mr. Boustany , Mr. Marchant , Mrs. Black , Mr. Buchanan , Mr. Renacci , Mr. Gerlach , Mr. Reichert , Mr. Huizenga of Michigan , and Mr. Roskam ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify and make permanent bonus depreciation. 1. Bonus depreciation modified and made permanent (a) Made permanent; inclusion of qualified retail improvement property Section 168(k)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Qualified property For purposes of this subsection— (A) In general The term qualified property means property— (i) (I) to which this section applies which has a recovery period of 20 years or less, (II) which is computer software (as defined in section 167(f)(1)(B)) for which a deduction is allowable under section 167(a) without regard to this subsection, (III) which is water utility property, (IV) which is qualified leasehold improvement property, or (V) which is qualified retail improvement property, and (ii) the original use of which commences with the taxpayer. (B) Exception for alternative depreciation property The term qualified property shall not include any property to which the alternative depreciation system under subsection (g) applies, determined— (i) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and (ii) after application of section 280F(b) (relating to listed property with limited business use). (C) Special rules (i) Sale-leasebacks For purposes of clause (ii) and subparagraph (A)(ii), if property is— (I) originally placed in service by a person, and (II) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). (ii) Syndication For purposes of subparagraph (A)(ii), if— (I) property is originally placed in service by the lessor of such property, (II) such property is sold by such lessor or any subsequent purchaser within 3 months after the date such property was originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), and (III) the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date of such last sale. (D) Coordination with section 280F For purposes of section 280F: (i) Automobiles In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $8,000. (ii) Listed property The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). (iii) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2014, the $8,000 amount in clause (i) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the automobile price inflation adjustment determined under section 280F(d)(7)(B)(i) for the calendar year in which such taxable year begins by substituting 2013 for 1987 in subclause (II) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100. (E) Deduction allowed in computing minimum tax For purposes of determining alternative minimum taxable income under section 55, the deduction under section 167 for qualified property shall be determined without regard to any adjustment under section 56. . (b) Expansion of election To accelerate AMT credits in lieu of bonus depreciation Section 168(k)(4) of such Code is amended to read as follows: (4) Election to accelerate amt credits in lieu of bonus depreciation (A) In general If a corporation elects to have this paragraph apply for any taxable year— (i) paragraphs (1)(A), (2)(D)(i), and (5)(A)(i) shall not apply for such taxable year, (ii) the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method, and (iii) the limitation imposed by section 53(c) for such taxable year shall be increased by the bonus depreciation amount which is determined for such taxable year under subparagraph (B). (B) Bonus depreciation amount For purposes of this paragraph— (i) In general The bonus depreciation amount for any taxable year is an amount equal to 20 percent of the excess (if any) of— (I) the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph (1) applied to all such property, over (II) the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph (1) did not apply to any such property. The aggregate amounts determined under subclauses (I) and (II) shall be determined without regard to any election made under subsection (b)(2)(D), (b)(3)(D), or (g)(7) and without regard to subparagraph (A)(ii). (ii) Limitation The bonus depreciation amount for any taxable year shall not exceed the lesser of— (I) 50 percent of the minimum tax credit under section 53(b) for the first taxable year ending after December 31, 2013, or (II) the minimum tax credit under section 53(b) for such taxable year determined by taking into account only the adjusted minimum tax for taxable years ending before January 1, 2014 (determined by treating credits as allowed on a first-in, first-out basis). (iii) Aggregation rule All corporations which are treated as a single employer under section 52(a) shall be treated— (I) as 1 taxpayer for purposes of this paragraph, and (II) as having elected the application of this paragraph if any such corporation so elects. (C) Credit refundable For purposes of section 6401(b), the aggregate increase in the credits allowable under part IV of subchapter A for any taxable year resulting from the application of this paragraph shall be treated as allowed under subpart C of such part (and not any other subpart). (D) Other rules (i) Election Any election under this paragraph may be revoked only with the consent of the Secretary. (ii) Partnerships with electing partners In the case of a corporation which is a partner in a partnership and which makes an election under subparagraph (A) for the taxable year, for purposes of determining such corporation’s distributive share of partnership items under section 702 for such taxable year— (I) paragraphs (1)(A), (2)(D)(i), and (5)(A)(i) shall not apply, and (II) the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method. (iii) Certain partnerships In the case of a partnership in which more than 50 percent of the capital and profits interests are owned (directly or indirectly) at all times during the taxable year by 1 corporation (or by corporations treated as 1 taxpayer under subparagraph (B)(iii)), each partner shall compute its bonus depreciation amount under clause (i) of subparagraph (B) by taking into account its distributive share of the amounts determined by the partnership under subclauses (I) and (II) of such clause for the taxable year of the partnership ending with or within the taxable year of the partner. . (c) Special rules for trees and vines bearing fruits and nuts Section 168(k) of such Code is amended— (1) by striking paragraph (5), and (2) by inserting after paragraph (4) the following new paragraph: (5) Special rules for trees and vines bearing fruits and nuts (A) In general In the case of any tree or vine bearing fruits or nuts which is planted, or is grafted to a plant that has already been planted, by the taxpayer in the ordinary course of the taxpayer’s farming business (as defined in section 263A(e)(4))— (i) a depreciation deduction equal to 50 percent of the adjusted basis of such tree or vine shall be allowed under section 167(a) for the taxable year in which such tree or vine is so planted or grafted, and (ii) the adjusted basis of such tree or vine shall be reduced by the amount of such deduction. (B) Election out If a taxpayer makes an election under this subparagraph for any taxable year, this paragraph shall not apply to any tree or vine planted or grafted during such taxable year. An election under this subparagraph may be revoked only with the consent of the Secretary. (C) Additional depreciation may be claimed only once If this paragraph applies to any tree or vine, such tree or vine shall not be treated as qualified property in the taxable year in which placed in service. (D) Coordination with election to accelerate AMT credits If a corporation makes an election under paragraph (4) for any taxable year, the amount under paragraph (4)(B)(i)(I) for such taxable year shall be increased by the amount determined under subparagraph (A)(i) for such taxable year. (E) Deduction allowed in computing minimum tax Rules similar to the rules of paragraph (2)(E) shall apply for purposes of this paragraph. . (d) Conforming amendments (1) Section 168(e)(8) of such Code is amended by striking subparagraph (D). (2) Section 168(k) of such Code is amended by adding at the end the following new paragraph: (6) Election out If a taxpayer makes an election under this paragraph with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service (or, in the case of paragraph (5), planted or grafted) during such taxable year. An election under this paragraph may be revoked only with the consent of the Secretary. . (3) Section 168(l)(5) of such Code is amended by striking section 168(k)(2)(G) and inserting section 168(k)(2)(E) . (4) Section 263A(c) of such Code is amended by adding at the end the following new paragraph: (7) Coordination with section 168(k)(5) This section shall not apply to any amount allowable as a deduction by reason of section 168(k)(5) (relating to special rules for trees and vines bearing fruits and nuts). . (5) Section 460(c)(6)(B) of such Code is amended by striking which— and all that follows and inserting which has a recovery period of 7 years or less. . (6) Section 168(k) of such Code is amended by striking acquired after December 31, 2007, and before January 1, 2014 in the heading thereof. (e) Effective dates (1) In general Except as otherwise provided in this subsection, the amendments made by this subsection shall apply to property placed in service after December 31, 2013. (2) Expansion of election to accelerate amt credits in lieu of bonus depreciation (A) In general The amendment made by subsection (b) (other than so much of such amendment as relates to section 168(k)(4)(D)(iii) of such Code, as added by such amendment) shall apply to taxable years ending after December 31, 2013. (B) Transitional rule In the case of a taxable year beginning before January 1, 2014, and ending after December 31, 2013, the bonus depreciation amount determined under section 168(k)(4) of such Code for such year shall be the sum of— (i) such amount determined without regard to the amendments made by this section and— (I) by taking into account only property placed in service before January 1, 2014, and (II) by multiplying the limitation under section 168(k)(4)(C)(ii) of such Code (determined without regard to the amendments made by this section) by a fraction the numerator of which is the number of days in the taxable year before January 1, 2014, and the denominator of which is the number of days in the taxable year, and (ii) such amount determined after taking into account the amendments made by this section and— (I) by taking into account only property placed in service after December 31, 2013, and (II) by multiplying the limitation under section 168(k)(4)(B)(ii) of such Code (as amended by this section) by a fraction the numerator of which is the number of days in the taxable year after December 31, 2013, and the denominator of which is the number of days in the taxable year. (3) Special rules for certain trees and vines The amendment made by subsection (c)(2) shall apply to trees and vines planted or grafted after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4718ih/xml/BILLS-113hr4718ih.xml
113-hr-4719
I 113th CONGRESS 2d Session H. R. 4719 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Reed (for himself and Mr. Gerlach ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently extend and expand the charitable deduction for contributions of food inventory. 1. Short title This Act may be cited as the Fighting Hunger Incentive Act of 2014 . 2. Extension and expansion of charitable deduction for contributions of food inventory (a) Permanent extension Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Increase in limitation Section 170(e)(3)(C) of such Code, as amended by subsection (a), is amended by striking clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (i) the following new clause: (ii) Limitation The aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed— (I) in the case of any taxpayer other than a C corporation, 15 percent of the taxpayer’s aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section, and (II) in the case of a C corporation, 15 percent of taxable income (as defined in subsection (b)(2)(C)). (iii) Rules related to limitation (I) Carryover If such aggregate amount exceeds the limitation imposed under clause (ii), such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each of the 5 succeeding years in order of time. (II) Coordination with overall corporate limitation In the case of any charitable contribution allowable under clause (ii), subsection (b)(2) shall not apply to such contribution, but the limitation imposed by such subsection shall be reduced (but not below zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such contributions shall be treated as allowable under subsection (b)(2)(A). . (c) Determination of basis for taxpayers other than C corporations Section 170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new clause: (v) Determination of basis for taxpayers other than C corporations If a taxpayer— (I) does not account for inventories under section 471, and (II) is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair market value of such food. . (d) Determination of fair market value Section 170(e)(3)(C) of such Code, as amended by subsections (a), (b), and (c), is amended by adding at the end the following new clause: (vi) Determination of fair market value In the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or by reason of being produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), the fair market value of such contribution shall be determined— (I) without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and (II) by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past). . (e) Effective Date The amendments made by this section shall apply to contributions made after December 31, 2013, in taxable years ending after such date.
https://www.govinfo.gov/content/pkg/BILLS-113hr4719ih/xml/BILLS-113hr4719ih.xml
113-hr-4720
I 113th CONGRESS 2d Session H. R. 4720 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Walberg (for himself, Mr. Wilson of South Carolina , Mr. Weber of Texas , Mr. Roe of Tennessee , Mr. Schneider , Mr. Connolly , and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to increase the priority for enrollment of medal of honor recipients in the health care system of the Department of Veterans Affairs. 1. Short title This Act may be cited as the Medal of Honor Priority Care Act . 2. Priority of medal of honor recipients in health care system of Department of Veterans Affairs (a) In general Section 1705 of title 38, United States Code, is amended— (1) in subsection (a)(1), by striking the period at the end and inserting the following: and veterans who were awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14. ; and (2) in paragraph (3), by striking veterans who were awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14, . (b) Application The priority of enrollment of medal of honor recipients pursuant to section 1705(a)(1) of title 38, United States Code, as amended by subsection (a), shall apply to each such recipient, regardless of the date on which the medal is awarded.
https://www.govinfo.gov/content/pkg/BILLS-113hr4720ih/xml/BILLS-113hr4720ih.xml
113-hr-4721
I 113th CONGRESS 2d Session H. R. 4721 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Young of Alaska 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 encourage charitable contributions of real property for conservation purposes by Native Corporations. 1. Encouragement of contributions of capital gain real property made for conservation purposes by Native Corporations (a) In general Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: (C) Qualified conservation contributions by certain Native Corporations (i) In general Any qualified conservation contribution (as defined in subsection (h)(1)) which— (I) is made by a Native Corporation, and (II) is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act, shall be allowed to the extent that the aggregate amount of such contributions does not exceed the excess of the taxpayer’s taxable income over the amount of charitable contributions allowable under subparagraph (A). (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. (iii) Definition For purposes of clause (i), the term Native Corporation has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act. (iv) Valid existing rights preserved Nothing in this provision shall be construed to modify the existing property rights validly conveyed to Native Corporations under the Alaska Native Claims Settlement Act. . (b) Conforming amendment Section 170(b)(2)(A) of such Code is amended by striking subparagraph (B) applies and inserting subparagraphs (B) or (C) apply . (c) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4721ih/xml/BILLS-113hr4721ih.xml
113-hr-4722
I 113th CONGRESS 2d Session H. R. 4722 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Bishop of New York introduced the following bill; which was referred to the Committee on Natural Resources A BILL To clarify that for purposes of all Federal laws governing marine fisheries management, the landward boundary of the exclusive economic zone between areas south of Montauk, New York, and Point Judith, Rhode Island, and for other purposes. 1. Short title This Act may be cited as the EEZ Clarification Act . 2. Landward boundary of EEZ near Block Island for purposes of Federal marine fisheries management For purposes of all Federal laws governing marine fisheries management— (1) the landward boundary of the exclusive economic zone between the area south of Montauk, New York, and the area south of Point Judith, Rhode Island, shall be considered to be a continuous line running— (A) from a point 3 miles south of the southernmost point of Montauk to a point 3 miles south of the southernmost point of Block Island, Rhode Island, and (B) from such point 3 miles south of the southernmost point of Block Island, Rhode Island, to a point 3 miles south of the southern most point of Point Judith; and (2) the authority to manage such fisheries in waters landward of such line is vested in States and interstate marine fisheries management commissions, as applicable, that otherwise have jurisdiction over such waters. 3. Report on impact of modifying landward boundary of EEZ for all Federal fisheries management Not later than 3 years after the date of the enactment of this Act, the Secretary of Commerce shall report to the Congress on the impact of section 2.
https://www.govinfo.gov/content/pkg/BILLS-113hr4722ih/xml/BILLS-113hr4722ih.xml
113-hr-4723
I 113th CONGRESS 2d Session H. R. 4723 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Castro of Texas (for himself and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize aliens who have been granted deferred action and work authorization under the Deferred Action for Childhood Arrivals program of the Department of Homeland Security and who otherwise satisfy the requirements for admission to a military service academy to be appointed to and attend a military service academy and, upon graduation, to be appointed as a commissioned officer in the Armed Forces. 1. Short title This Act may be cited as the Opportunity for Military Academies and Readiness Act . 2. Authority to appoint certain aliens who are unlawfully present in the United States as cadets and midshipmen at military service academies (a) United States Military academy Section 4346 of title 10, United States Code, is amended by adding at the end the following new subsection: (e) (1) An alien who, at the time of application for admission to the Academy, possesses an employment authorization document issued by United States Citizenship and Immigration Services under the requirements of the Department of Homeland Security policy entitled Deferred Action for Childhood Arrivals (DACA) dated June 15, 2012, and who otherwise satisfies the requirements for admission to the Academy, other than the United States citizenship requirement, may be— (A) appointed as a cadet and attend the Academy; and (B) upon graduation, be appointed as a commissioned officer in the armed forces. (2) Nothing in paragraph (1) shall be construed to alter the process prescribed by sections 328, 329, and 329A of the Immigration and Nationality Act ( 8 U.S.C. 1439 , 1440, 1440–1) by which a person may naturalize through service in the armed forces. . (b) Naval academy Section 6958 of such title is amended by adding at the end the following new subsection: (e) (1) An alien who, at the time of application for admission to the Naval Academy, possesses an employment authorization document issued by United States Citizenship and Immigration Services under the requirements of the Department of Homeland Security policy entitled Deferred Action for Childhood Arrivals (DACA) dated June 15, 2012, and who otherwise satisfies the requirements for admission to the Academy, other than the United States citizenship requirement, may be— (A) appointed as a midshipman and attend the Academy; and (B) upon graduation, be appointed as a commissioned officer in the armed forces. (2) Nothing in paragraph (1) shall be construed to alter the process prescribed by sections 328, 329, and 329A of the Immigration and Nationality Act ( 8 U.S.C. 1439 , 1440, 1440–1) by which a person may naturalize through service in the armed forces. . (c) Air force academy Section 9346 of such title is amended by adding at the end the following new subsection: (e) (1) An alien who, at the time of application for admission to the Academy, possesses an employment authorization document issued by United States Citizenship and Immigration Services under the requirements of the Department of Homeland Security policy entitled Deferred Action for Childhood Arrivals (DACA) dated June 15, 2012, and who otherwise satisfies the requirements for admission to the Academy, other than the United States citizenship requirement, may be— (A) appointed as a cadet and attend the Academy; and (B) upon graduation, be appointed as a commissioned officer in the armed forces. (2) Nothing in paragraph (1) shall be construed to alter the process prescribed by sections 328, 329, and 329A of the Immigration and Nationality Act ( 8 U.S.C. 1439 , 1440, 1440–1) by which a person may naturalize through service in the armed forces. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4723ih/xml/BILLS-113hr4723ih.xml
113-hr-4724
I 113th CONGRESS 2d Session H. R. 4724 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Cicilline introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Transportation and Infrastructure and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act) and certain other laws with respect to certain waivers under those laws, to provide greater transparency regarding exceptions to domestic sourcing requirements, and for other purposes. 1. Short title This Act may be cited as the 21st Century Buy American Act . 2. Increase of domestic content percentage to 60 percent Section 8301 of title 41, United States Code, is amended by adding at the end the following new paragraph: (3) Substantially all Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 60 percent of the total cost of all components of such articles, materials, or supplies. . 3. Criteria required for use of overseas exception Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection: (c) Criteria for use of overseas exception (1) In general The exception under subsection (a)(2)(A) for articles, materials, or supplies to be acquired for use outside the United States may not be used unless one of the following criteria is met: (A) The articles, materials, or supplies are needed on an urgent basis. (B) The articles, materials, or supplies are to be purchased using a local supplier. (C) A cost analysis described in paragraph (2) demonstrates that the articles, materials, or supplies to be acquired (if acquired from a company manufacturing in the United States) would be more than 50 percent more expensive for the Federal agency acquiring the articles, materials, or supplies. (2) Cost analysis In any case in which articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis or are not to be purchased using a local supplier, before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). . 4. Criteria required for use of public interest exception (a) Buy American Act Section 8302 of title 41, United States Code, as amended by section 3, is further amended by adding at the end the following new subsection: (d) Criteria for use of public interest exception In determining whether a public interest exception shall be applied under subsection (a), the head of a Federal agency shall— (1) consider the short-term and long-term effects of applying such exception on employment within the United States, taking into account information provided by entities that manufacture the articles, materials, or supplies concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . (b) Federal Transit Administration Funds Section 5323(j) of title 49, United States Code, is amended by adding at the end the following new paragraph: (10) Criteria for use of public interest waiver In determining whether a public interest waiver shall be issued under paragraph (2)(A), the Secretary shall— (A) consider the short-term and long-term effects of applying such waiver on employment within the United States, taking into account information provided by entities that produce the steel, iron, and goods concerned in the United States; and (B) determine that preserving or increasing employment within the United States is consistent with the public interest. . (c) Federal Highway Administration Funds Section 313 of title 23, United States Code, is amended by adding at the end the following new subsection: (h) Criteria for use of public interest finding In determining whether a public interest finding shall be made under subsection (b)(1), the Secretary shall— (1) consider the short-term and long-term effects of making such finding on employment within the United States, taking into account information provided by entities that produce the materials or products concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . (d) AMTRAK funds Section 24305(f) of title 49, United States Code, is amended by adding at the end the following new paragraph: (5) In deciding whether a public interest exemption shall be issued under paragraph (4)(A)(i), the Secretary shall— (A) consider the short-term and long-term effects of issuing such exemption on employment within the United States, taking into account information provided by entities that manufacture the articles, material, or supplies concerned in the United States; and (B) determine that preserving or increasing employment within the United States is consistent with the public interest. . (e) Federal Railroad Administration High Speed Rail Program Funds Section 24405(a) of title 49, United States Code, is amended by adding at the end the following new paragraph: (12) In determining whether a public interest waiver shall be granted under paragraph (2)(A), the Secretary shall— (A) consider the short-term and long-term effects of granting such waiver on employment within the United States, taking into account information provided by entities that produce the steel, iron, or goods concerned in the United States; and (B) determine that preserving or increasing employment within the United States is consistent with the public interest. . (f) Federal Aviation Administration Funds Section 50101 of title 49, United States Code, is amended by adding at the end the following new subsection: (d) Criteria for use of public interest waiver In determining whether a public interest waiver shall be granted under subsection (b)(1), the Secretary shall— (1) consider the short-term and long-term effects of granting such waiver on employment within the United States, taking into account information provided by entities that produce the steel or goods concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . (g) Water Pollution Prevention and Control Grants for construction of treatment works Section 1295 of title 33, United States Code, is amended— (1) by inserting (a) In general.— before Notwithstanding ; and (2) by adding at the end the following new subsection: (b) Criteria for use of public interest exception In determining whether a public interest exception shall be applied under subsection (a), the Administrator shall— (1) consider the short-term and long-term effects of applying such exception on employment within the United States, taking into account information provided by entities that manufacture the articles, materials, or supplies concerned in the United States; and (2) determine that preserving or increasing employment within the United States is consistent with the public interest. . 5. Transparency requirements (a) Requirement for agencies To notify OMB Each agency that applies an exception to, or grants a waiver under, chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act) shall submit to the Director of the Office of Management and Budget a notification of the application of the exception or the grant of a waiver and a statement describing the procurement and the exception being applied or waiver granted. (b) Requirement for Director of OMB To post on Web site Within 7 days after receipt of any notification under subsection (a), the Director of the Office of Management and Budget shall post the notification on a central, publicly accessible website of the Office. (c) Definition of agency In this section, the term agency has the meaning given under section 551 of title 5, United States Code. 6. Loans and loan guarantees to domestic manufacturers under Defense Production Act (a) Program authorized The President, acting through the Secretary of Defense, may establish and carry out a program to make or guarantee loans under title III of the Defense Production Act (50 U.S.C. App. 2091 et seq.) to eligible entities in accordance with this section. (b) Eligibility requirements The Secretary of Defense shall establish eligibility requirements for purposes of the loans or loan guarantees under this section in order to provide assistance to any entity that— (1) is a manufacturer in the United States; (2) is a firm certified as eligible to apply for adjustment assistance under section 251(c) of the Trade Act of 1974 ( 19 U.S.C. 2341(c) ); and (3) meets one of the following criteria: (A) The entity mines, produces, or manufactures a nonavailable item. (B) The entity is the last remaining manufacturer of an item in the United States, as determined by the Secretary of Defense, and can prove hardship because of foreign competition. (C) The entity is the last remaining manufacturer of an item in the United States and that item is considered to be vital for national security purposes by the Department of Defense or another department or agency of the United States. (c) Amount of loan or loan guarantee The amount of any loan made or guaranteed under this section may not exceed $5,000,000 per entity. (d) Use of funds Each eligible entity receiving a loan or loan guarantee under this section shall use the funds of the loan made or guaranteed only for one or more of the following purposes: (1) Increasing its ability to compete for a Government contract for a nonavailable item. (2) Increasing its ability to produce a nonavailable item. (3) Increasing its capacity to produce items that are vital to national security. (e) Application requirements To receive a loan or loan guarantee under this section, an eligible entity shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include a statement regarding the number of direct full-time domestic jobs expected to be created or retained as a result of the loan made or guaranteed, but such statement shall not be the sole factor used in determining the award of the loan or loan guarantee. (f) Annual evaluation of loan or loan guarantee recipients by Department of Defense The Secretary of Defense each year shall evaluate recipients of loans or loan guarantees under this section to determine the proper allocation of loan funds that are loaned or guaranteed. (g) Definition of nonavailable item In this section, the term nonavailable item means any of the following: (1) An article, material, or supply— (A) that has been determined by a Federal agency, pursuant to chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act), to not be mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (B) that is listed on the list of nonavailable articles under subpart 25.104 of the Federal Acquisition Regulation. (2) An article or item— (A) that is described in section 2533a(b) of title 10, United States Code, and grown, reprocessed, reused, or produced in the United States; and (B) satisfactory quality and sufficient quantity of which cannot be procured as and when needed at United States market prices, as determined by the Secretary of Defense or the Secretary of the military department concerned, pursuant to section 2533a(c) of such title. (3) Compliant specialty metal— (A) as defined in section 2533b(b) of title 10, United States Code; and (B) satisfactory quality and sufficient quantity of which, and in the required form, cannot be procured as and when needed, as determined by the Secretary of Defense or the Secretary of the military department concerned, pursuant to such section 2533b(b). (4) An item listed in subsection (a) of section 2534 of title 10, United States Code, if the Secretary determines, under subsection (d)(4) of such section, that satisfactory quality of the item manufactured by an entity that is part of the national technology and industrial base (as defined in section 2500(1) of such title) is not available.
https://www.govinfo.gov/content/pkg/BILLS-113hr4724ih/xml/BILLS-113hr4724ih.xml
113-hr-4725
I 113th CONGRESS 2d Session H. R. 4725 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Collins of New York introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to ensure that all veterans are eligible to participate in hospice care programs of the Secretary of Veterans Affairs. 1. Short title This Act may be cited as the Care for our Heroes Act . 2. Determination of eligibility for hospice care (a) In general Section 1710 of title 38, United States Code, is amended by adding at the end the following new subsection: (i) Notwithstanding any other provision of law, and in accordance with the priorities specified in section 1705(a) of this title, each veteran is eligible to participate in a hospice program (or a similar program) conducted by the Secretary, regardless of— (1) the net worth or income of the veteran, spouse of the veteran, or child of the veteran; or (2) whether the Secretary has otherwise furnished to the veteran any benefit under the laws administered by the Secretary. . (b) Effective date The amendment made by subsection (a) shall apply with respect to a veteran who seeks to participate in a hospice program (or similar program) conducted by the Secretary of Veterans Affairs on or after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4725ih/xml/BILLS-113hr4725ih.xml
113-hr-4726
I 113th CONGRESS 2d Session H. R. 4726 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Rodney Davis of Illinois (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to direct the Secretary of Transportation to establish an innovation in surface transportation program, and for other purposes. 1. Short title This Act may be cited as the Innovation in Surface Transportation Act of 2014 . 2. Innovation in surface transportation program (a) In general Chapter 1 of title 23, United States Code, is amended by inserting after section 104 the following: 105. Innovation in surface transportation program (a) In general The Secretary, in coordination with State transportation departments, shall establish an innovation in surface transportation program in accordance with the requirements of this section. (b) Purposes The purposes of the program shall be— (1) to increase the return on investment in the Nation’s surface transportation system; (2) to make the Nation’s surface transportation system more reliable, safe, and efficient by advancing innovative projects selected through State competitions; (3) to increase input from local government and stakeholders on projects receiving funding; and (4) to leverage Federal highway dollars further through in-State competitions. (c) Grants (1) In general A State shall make grants under this section to eligible entities for eligible projects to be carried out in the State using funds reserved by the State for a fiscal year under subsection (e)(1). (2) State competitions (A) In general For the purposes of making grants under this section, a State shall conduct a competition each fiscal year under which the State will accept grant applications submitted by eligible entities. (B) Competition dates A State shall conduct a competition under subparagraph (A)— (i) not later than 180 days after the date of enactment of this section; and (ii) not later than 30 days after the first day of each fiscal year beginning after such date of enactment. (3) Selection criteria (A) Establishment of selection criteria The State selection panel of each State shall establish and make available to the public the project selection criteria that will be used by the State in conducting competitions under paragraph (2). (B) Factors The project selection criteria of a State may provide for the approval of project applications based on the extent to which the projects— (i) improve safety for all users of the transportation network; (ii) strengthen the contribution of a national freight network to the Nation’s economic competitiveness; (iii) promote multimodal connectivity; (iv) strengthen return on investment, particularly the impact on local economic development; (v) improve access to jobs, sources of labor, schools, and opportunity; (vi) optimize, through better design and operation, the usage and efficiency of existing transportation facilities; (vii) improve the reliability of the transportation system of the United States; (viii) encourage innovation and the use of technology; or (ix) further the purposes described in subsection (b). (C) Special consideration of certain factors In addition to the factors specified in subparagraph (B), the project selection criteria of a State may— (i) provide that special consideration in the approval of project applications is given to eligible projects that— (I) maximize the amount of proposed project costs that can be borne by the applicant from non-Federal sources; or (II) have prior significant Federal or non-Federal investment; and (ii) give equal consideration to differences in the fiscal capacity of public eligible entities. (D) Funding distribution The project selection criteria of a State shall take into consideration the equitable distribution of funds by geography and population. (4) Special rule for private transportation providers An eligible entity that is a private transportation provider may submit a project application in a State competition conducted under paragraph (2) only if the application is sponsored by a public entity. (d) Innovation in surface transportation selection panel (1) In general A State, in coordination with local transportation stakeholders, shall establish an innovation in surface transportation selection panel in accordance with this subsection. (2) Duties A State selection panel shall— (A) review project applications submitted to the State during a competition conducted under subsection (c)(2); and (B) approve and disapprove the project applications based on the criteria set forth in subsection (c)(3). (3) Membership A State selection panel shall be composed of the following members to be appointed by the State— (A) not fewer than 3 individuals representing the State’s transportation department; (B) not fewer than 3 individuals representing local governments in the State, with at least 1 representative from each of— (i) a jurisdiction with a population of 50,000 individuals or fewer; (ii) a jurisdiction with a population of more than 50,000 individuals and not more than 1,000,000 individuals; and (iii) a jurisdiction with a population of more than 1,000,000 individuals, if applicable; and (C) not fewer than 3 individuals representing metropolitan planning organizations, councils of governments, and rural planning organizations. (4) Additional members In addition to the members appointed under paragraph (3), a State selection panel shall be composed of 9 members to be appointed by the State, in coordination with local transportation stakeholders, from among individuals representing— (A) local chambers of commerce; (B) transportation management organizations, travel and tourism boards, economic development organizations, and other coalitions of employers and commerce; (C) local air quality boards or local organizations supporting improved air quality; (D) State safety boards or local organizations supporting safety; (E) transit agencies; (F) port authorities, if applicable; (G) active transportation organizations; (H) public interest organizations; and (I) labor unions. (5) Distribution of representatives A State shall appoint members to the State’s selection panel in a manner such that— (A) the number of members appointed under each of paragraphs (3)(A), (3)(B), and (3)(C) is equal; and (B) at least 1 member is appointed under paragraph (4) from each of the entities described in subparagraphs (A) through (H) of paragraph (4), if applicable. (6) Geographic diversity The members of a State selection panel shall be geographically diverse, to the extent practicable. (7) Representation limitation Except for the representatives described in paragraphs (3)(A) and (3)(B)(iii), no entity may be represented on a State selection panel for more than 2 consecutive years if a comparable entity can also be represented on the panel. (8) Continuity A State shall appoint members to the State’s selection panel using a 2-tiered rotation process that ensures continuity of the panel by rotating the membership of the panel on a staggered basis. (e) Funding (1) Reservation of funds On October 1 of each fiscal year, a State shall make the following reservations of funds: (A) National highway performance program The State shall reserve 10 percent of the amount apportioned to the State for the fiscal year under section 104(b)(1)— (i) for carrying out State competitions under this section; and (ii) for making grants under this section for eligible projects. (B) Highway safety improvement program The State shall reserve not less than 33 percent of the amount apportioned to the State for the fiscal year under section 104(b)(3) for making grants under this section for eligible projects that are projects described in section 148. (C) Congestion mitigation and air quality improvement program (i) Reservation of funds The State shall reserve not less than 33 percent of the amount apportioned to the State for the fiscal year under section 104(b)(4) and unobligated balances for section 104(b)(4) from the prior fiscal year for making grants under this section for eligible projects that are projects described in section 149(b). (ii) Use of reserved funds If the State has one or more nonattainment areas (as defined in section 171(2) of the Clean Air Act ( 42 U.S.C. 7501(2) )), the State shall use amounts reserved under this subparagraph for making grants under this section for eligible projects described in section 149(b) in such areas. (D) Surface transportation program The State shall reserve not less than 33 percent of the amount allocated to the State for the fiscal year under section 133(d)(1)(B) for making grants under this section for eligible projects. (E) Transportation alternatives program The State shall reserve 33 percent of the amount reserved by the State for the fiscal year under section 213(c)(1)(B) for making grants under this section for eligible projects that are projects described in section 213(b). (2) Special rule Any funds that a State directly suballocates to metropolitan areas or direct recipients of funds under section 5307 of title 49 or awards through an open statewide competition to eligible entities shall be excluded from the funds from which reservations are to be made under paragraph (1). (3) Non-awarded funds For each fiscal year, a State shall— (A) determine— (i) the total amount of funds, if any, that have been reserved by the State for the fiscal year under paragraph (1) but have not been awarded by the State in grants under this section on or before the last day of the fiscal year; and (ii) the total amount of funds, if any, that have been awarded in grants by the State under this section but remain unobligated by the grant recipient after the last day of the 5-year period beginning on the date on which the grant was awarded; and (B) distribute or redistribute such funds, as appropriate, using the process under subsection (c)(2). (f) Definitions In this section, the following definitions apply: (1) Eligible entity The term eligible entity means— (A) a local government; (B) a regional transportation authority; (C) a transit agency; (D) a tribal government; (E) a private provider of public transportation; (F) a nonprofit transportation organization; (G) a port authority; (H) a joint power authority; or (I) a local rail authority. (2) Eligible project The term eligible project means— (A) a project eligible under— (i) section 133(b), relating to the surface transportation program; (ii) section 148, relating to the highway safety improvement program; (iii) section 149(b), relating to the congestion mitigation and air quality improvement program; or (iv) section 213(b), relating to the transportation alternatives program; or (B) a surface transportation project that will improve the movement of goods along a primary freight network, including multimodal facilities near a primary freight route. (3) Program The term program , except as otherwise specifically provided, means the innovation in surface transportation program established under this section. (4) State selection panel The term State selection panel means an innovation in surface transportation selection panel established by a State under subsection (d). (g) Transparency Not later than 30 days after a State has selected projects for a fiscal year to receive funding under this section, the State shall make available, in a publically accessible medium that is easy to navigate— (1) the criteria and methodology used to select the projects; (2) a list of all the projects for which funding was requested, including, for each such project— (A) the total estimated project cost; and (B) the amount of funding requested; (3) a list of projects that were selected to receive funding under this section, including, for each such project— (A) the amount of funding requested; (B) the amount of funding granted; and (C) the source of the non-Federal share of cost of the project; and (4) the ranking and scoring of all projects for which funding was requested. (h) Reporting requirements (1) State reports Not later than 180 days after the last day of each fiscal year, a State shall submit to the Secretary a report that describes— (A) the information required under subsection (g); (B) the organizations that were represented on the State’s selection panel; (C) the portion of the funds available to the State for the program that have been obligated; and (D) the percentage of the funds available to the State for the program that were used for administrative expenses. (2) Biennial report to Congress Not later than September 30, 2016, and biennially thereafter, the Secretary shall submit a consolidated report on the program, including a review of the State reports submitted pursuant to paragraph (1), to— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Environment and Public Works of the Senate; and (D) the Committee on Transportation and Infrastructure of the House of Representatives. (3) Availability The Secretary shall make the report submitted under paragraph (2) available on the public Internet Web site of the Department of Transportation. (i) Special rule for States with competitive and suballocated programs (1) In general The Secretary may permit a State to distribute funding described in subparagraphs (A), (B), (C), (D), or (E) of subsection (e)(1) through the mechanisms described in paragraph (2) if the Secretary certifies that the State is distributing such funding in a manner that fulfills the purposes of this section. (2) Distribution mechanisms Distribution mechanisms that qualify under paragraph (1) include— (A) an open and competitive State program that is substantially similar to the requirements of this section; (B) direct suballocation to metropolitan areas of a majority of all funds— (i) apportioned to the State under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4); and (ii) allocated to the State under section 213(a)(1); and (C) a competitive State program or direct suballocation to metropolitan areas or direct recipients of funds under section 5307 of title 49 of more than 95 percent of the funds— (i) apportioned to the State under section 104(b)(1), 104(b)(2), 104(b)(3), or 104(b)(4); or (ii) allocated to the State under section 213(a)(1). (3) Publication in Federal Register Before making a certification under paragraph (1)(B), the Secretary shall— (A) publish in the Federal Register the Secretary’s intent to make the certification; (B) provide the public not fewer than 90 days to comment on the proposed certification; and (C) take into consideration any comments received during the comment period. (4) Notice to Congress At least 15 days before making a certification under paragraph (1)(B), the Secretary shall submit a notice to the congressional committees referred to in subsection (h)(2) and the members of the State’s congressional delegation that includes— (A) a notification of the Secretary’s intent to make the certification; and (B) a justification for the proposed certification. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 104 the following: 105. Innovation in surface transportation program. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4726ih/xml/BILLS-113hr4726ih.xml
113-hr-4727
I 113th CONGRESS 2d Session H. R. 4727 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Duncan of Tennessee (for himself, Mr. Rodney Davis of Illinois , and Mr. Paulsen ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , 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 enhance interstate commerce by creating a National Hiring Standard for Motor Carriers. 1. National hiring standards for motor carriers (a) Limitation on state law Subject to subsection (b), a State may not enforce a law or impose liability on an entity that hires a motor carrier for the transportation of property or household goods if such liability arises from a claim or cause of action related to the negligent selection of such motor carrier under common law, statutory law, or any rule, regulation, standard, or provision having the force of law, for personal injury, death, or damage caused to cargo or other property by such motor carrier. (b) Requirements for waiver of liability To be eligible for the liability waiver described in subsection (a), an entity shall, prior to tendering a shipment, but not more than 35 days before the pickup of a shipment by the hired motor carrier, verify that the motor carrier at the time of such verification— (1) if applicable, is registered with and authorized by the Federal Motor Carrier Safety Administration to operate as a motor carrier or household goods motor carrier; (2) has the minimum insurance coverage required by Federal regulation; and (3) does not have an unsatisfactory safety rating issued by Federal Motor Carrier Safety Administration, in force at the time of the verification. (c) Definitions In this section— (1) the term entity means a person acting as a shipper, or as a broker, as a consignee, a freight forwarder, or a household goods freight forwarder as defined in section 13102 of title 49, United States Code, a Non-Vessel Operating Common Carrier, an ocean freight forwarder, or an ocean transportation intermediary, as defined in section 40102 of title 46, United States Code; (2) the term motor carrier means a motor carrier or a household goods motor carrier as defined in section 13102 of title 49, United States Code, and subject to Federal motor carrier financial responsibility and safety regulations; and (3) the term State means each of the 50 States, a political subdivision thereof, any intrastate agency, any other political agency of 2 or more States, the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (d) Applicability and effective date Notwithstanding any other provision of law, this section shall apply with respect to any action commenced on or after the date of enactment of this section without regard to whether the harm that is the subject of the action, or the conduct that caused the harm, occurred before such date of enactment.
https://www.govinfo.gov/content/pkg/BILLS-113hr4727ih/xml/BILLS-113hr4727ih.xml
113-hr-4728
I 113th CONGRESS 2d Session H. R. 4728 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Fincher (for himself and Mrs. Black ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Education and the Workforce , Energy and Commerce , the Judiciary , Natural Resources , House Administration , Rules , and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Office of the Actuary of the Centers for Medicare & Medicaid Services and the Comptroller General of the United States to study the impact of the Patient Protection and Affordable Care Act on small businesses. 1. Short title This Act may be cited as the Certify It Act of 2014 . 2. Study on impact on small business jobs (a) Study and report (1) In general Not later than 1 year after the date of enactment of this Act, and December 1 for each of the 4 consecutive years thereafter, the Comptroller General of the United States, shall conduct a study on the impact of the Affordable Care Act on small businesses, including— (A) the impact of any increased health insurance costs resulting from the provisions of such Act on economic indicators (including jobs lost, hours worked per employee, and any resulting loss of wages); and (B) the impact of section 4980H of the Internal Revenue Code of 1986 (relating to shared responsibility for employers regarding health coverage) on economic indicators, including any jobs lost. (2) Report The Comptroller General of the United States, using data from the Office of the Actuary, Centers for Medicare & Medicaid Services, under section 3 and economic indicators data from other Federal agencies, shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1). (b) Appropriate committees of congress For purposes of this section, the term appropriate committees of Congress means the Committee on Ways and Means, the Committee on Education and the Workforce, the Committee on Energy and Commerce, and the Small Business Committee of the House of Representatives and the Committee on Finance, the Committee on Health, Education, Labor, and Pensions, and the Small Business and Entrepreneurship Committee of the Senate. (c) Definitions For purposes of this Act: (1) Affordable care act The term Affordable Care Act means the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ). (2) Small business The term small business means an employer with 250 or fewer employees. 3. Study on impact on small business health insurance (a) Study and report (1) In general Not later than 1 year after the date of the enactment of this Act, and December 1 for each of the 4 consecutive years thereafter, the Office of the Actuary, Centers for Medicare & Medicaid Services, shall conduct a study on the impact of the Affordable Care Act on small group health insurance costs, including— (A) the impact of requirements and benefits pursuant to such Act on the small group health insurance market, including community rating requirements, minimum actuarial value requirements, requirements to provide for essential health benefits described in section 1302(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b) ), requirements related to cost-sharing, the prohibition on annual and lifetime limits on benefits under section 2711 of the Public Health Service Act ( 42 U.S.C. 300gg–11 ), prohibitions on cost-sharing requirements for preventive services, and the extension of dependent coverage under section 2714 of the Public Health Service Act ( 42 U.S.C. 300gg–14 ); and (B) the impact of new taxes and fees on the small group health insurance market costs, including the fee imposed under section 9010 of the Patient Protection and Affordable Care Act (relating to imposition of annual fee on health insurance providers), the transitional reinsurance program contributions, the fees imposed under subchapter B of chapter 34 of the Internal Revenue Code of 1986 (relating to the Patient Centered Outcome Research Institute fees), and Exchange assessments or user fees. (2) Report The Office of the Actuary, Centers for Medicare & Medicaid Services, in consultation with the Comptroller General for purposes of verifying the methodology, assumptions, validity, and reasonableness of the data used by the Actuary, shall submit to the appropriate committees of Congress a report on the study conducted under paragraph (1). (b) Appropriate committees of congress For purposes of this section, the term appropriate committees of Congress means the Committee on Ways and Means, the Committee on Education and the Workforce, the Committee on Energy and Commerce, and the Small Business Committee of the House of Representatives and the Committee on Finance, the Committee on Health, Education, Labor, and Pensions, and the Small Business and Entrepreneurship Committee of the Senate. 4. One-year delay for employer mandate in case of negative impact on small business (a) In general If the Comptroller General of the United States or the Office of the Actuary, Centers for Medicare & Medicaid Services, determines in any report submitted under section 2 or 3 that the Affordable Care Act has caused net employment loss amongst small businesses or caused small group health insurance costs to rise, section 4980H of the Internal Revenue Code of 1986 shall not apply for months beginning during the 1-year period beginning on the date of the submission of such report. (b) Failure To submit If the Comptroller General of the United States or the Office of the Actuary, Centers for Medicare & Medicaid Services, fails to submit a report in accordance with the timelines specified in this Act, section 4980H of the Internal Revenue Code of 1986 shall not apply the following calendar year.
https://www.govinfo.gov/content/pkg/BILLS-113hr4728ih/xml/BILLS-113hr4728ih.xml
113-hr-4729
I 113th CONGRESS 2d Session H. R. 4729 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Grayson (for himself and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To require debarment of persons convicted of fraudulent use of Made in America labels. 1. Short title This Act may be cited as the Prohibiting False Made in America Claims Act . 2. Debarment required of persons convicted of fraudulent use of Made in America labels (a) Debarment required Subsection (a) of section 2410f of title 10, United States Code, is amended by striking the Secretary shall and all that follows through the period and inserting the person shall be debarred from contracting with the Department of Defense unless the Secretary waives the debarment under subsection (b). . (b) Waiver authority and notification requirement Section 2410f of such title is further amended— (1) by redesignating subsection (b) as subsection (d); and (2) by inserting after subsection (a) the following new subsections: (b) Waiver for national security The Secretary may waive a debarment required by subsection (a) if the Secretary determines that the exercise of such a waiver would be in the national security interests of the United States. (c) Notification The Secretary shall notify the congressional defense committees annually, not later than March 1 of each year, of any exercise of the waiver authority under subsection (b). . (c) Technical amendments Section 2410f of such title is further amended— (1) in subsection (a), by inserting Debarment required.— after (a) ; and (2) in subsection (d), as redesignated by subsection (b), by inserting Definition.— before In this section .
https://www.govinfo.gov/content/pkg/BILLS-113hr4729ih/xml/BILLS-113hr4729ih.xml
113-hr-4730
I 113th CONGRESS 2d Session H. R. 4730 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Armed Services A BILL To allow the return of personal property to victims of sexual assault incidents involving a member of the Armed Forces upon completion of proceedings related to the incident. 1. Revision to requirements relating to Department of Defense policy on retention of evidence in a sexual assault case to allow return of personal property upon completion of related proceedings Section 586 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1435; 10 U.S.C. 1561 note) is amended by adding at the end the following new subsection: (f) Return of personal property upon completion of related proceedings Notwithstanding subsection (c)(4)(A), personal property retained as evidence in connection with an incident of sexual assault involving a member of the Armed Forces may be returned to the rightful owner of such property after the conclusion of all legal, adverse action, and administrative proceedings related to such incident. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4730ih/xml/BILLS-113hr4730ih.xml
113-hr-4731
I 113th CONGRESS 2d Session H. R. 4731 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Jordan (for himself, Mr. Smith of Missouri , Mrs. Bachmann , Mr. Huelskamp , Mrs. Blackburn , Mr. Weber of Texas , Mrs. Lummis , Mr. DeSantis , Mr. Salmon , Mr. Price of Georgia , and Mr. Duncan of South Carolina ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committees on Ways and Means , the Budget , Rules , Energy and Commerce , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To help individuals receiving assistance under means-tested welfare programs obtain self-sufficiency, to provide information on total spending on means-tested welfare programs, to provide an overall spending limit on means-tested welfare programs, and for other purposes. 1. Short title This Act may be cited as the Welfare Reform Act of 2014 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Modifications to supplemental nutrition assistance program Sec. 101. Work requirements. Sec. 102. Termination of benefit increase. TITLE II—Reporting of means-tested welfare spending in President’s budget submission Sec. 201. Additional information in President’s budget submission. TITLE III—Aggregate cap for means-tested welfare spending Sec. 301. Definition of means-tested welfare spending. Sec. 302. Reports to budget committees. Sec. 303. Content of concurrent resolutions on the budget. Sec. 304. Allocations of means-tested welfare spending. Sec. 305. Reconciliation. TITLE IV—Grants to promote self-sufficiency Sec. 401. Grants to States. TITLE V—Prohibition on funding of abortion Sec. 501. Prohibition on funding for abortions. Sec. 502. Prohibition on funding for health benefits plans that cover abortion. Sec. 503. Prohibition on tax benefits relating to abortion. Sec. 504. Construction relating to separate coverage. Sec. 505. Construction relating to the use of non-Federal funds for health coverage. Sec. 506. Treatment of abortions related to rape, incest, or preserving the life of the mother. I Modifications to supplemental nutrition assistance program 101. Work requirements (a) Declaration of policy Section 2 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 ) is amended by adding at the end the following: Congress further finds that it should also be the purpose of the supplemental nutrition assistance program to increase employment, to encourage healthy marriage, and to promote prosperous self-sufficiency, which means the ability of households to maintain an income above the poverty level without services and benefits from the Federal Government. . (b) Definition of food Section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k) ) is amended by inserting before the period at the end the following: , except that a food, food product, meal, or other item described in this subsection shall be considered a food under this Act only if it is a bare essential (as determined by the Secretary) . (c) Other definitions Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended by adding at the end the following: (w) Able-Bodied, work-Capable adult (1) In general The term able-bodied, work-capable adult means an individual who— (A) is more than 18, and less than 63, years of age; (B) is not physically or mentally incapable of work; and (C) is not the full-time caretaker of a disabled adult dependent. (2) Physically or mentally incapable of work For purposes of paragraph (1)(B), the term physically or mentally incapable of work means an individual who— (A) currently receives benefits under the supplemental security income program established under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work; or (B) has been medically certified as physically or mentally incapable of work and who has a credible pending application for enrollment in the supplemental security income program established under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or another program that provides recurring benefits to individuals because the individual is disabled and unable to work. (x) Approved offsite work activation The term approved offsite work activation means— (1) online job preparation and training programs that are approved and monitored by the State agency; or (2) job search activities that are approved by the State agency and monitored by the State to ensure that an appropriate number of job applications and employer contacts are performed. (y) Family head The term family head means— (1) a biological parent who is lawfully present in the United States and resides within a household with 1 or more dependent children who are the biological offspring of the parent; or (2) in the absence of a biological parent, a step parent, adoptive parent, guardian, or adult relative who resides with and provides care to the 1 or more children and is lawfully present in the United States. (z) Family unit The term family unit means— (1) an adult residing without dependent children; (2) a single-headed family with dependent children; or (3) a married couple family with dependent children. (aa) Family with dependent children (1) In general The term family with dependent children means a unit consisting of a family head, 1 or more dependent children, and, if applicable, the married spouse of the family head, all of whom share meals and reside within a single household. (2) Multiple families in a household There may be more than 1 family with dependent children in a single household. (bb) Married couple family with dependent children The term married couple family with dependent children means a family with dependent children that has both a family head and the married spouse of the family head residing with the family. (cc) Married spouse of the family head The term married spouse of the family head means the lawfully married spouse of the family head who— (1) resides with the family head and dependent children; and (2) is lawfully present in the United States. (dd) Member of a family The term member of a family means the family head, married spouse of the family head if present, and all dependent children within a family with dependent children. (ee) Onsite work activation (1) In general The term onsite work activation means— (A) supervised job search; (B) community service activities; (C) education and job training for individuals who are family heads or married spouses of family heads; (D) workfare under section 20; or (E) drug or alcohol treatment. (2) Supervised job search For purposes of paragraph (1)(A), the term supervised job search means a job search program that has the following characteristics: (A) The job search occurs at an official location where the presence and activity of the recipient can be directly observed, supervised, and monitored. (B) The recipient's entry, time onsite, and exit from the official job search location are recorded in a manner that prevents fraud. (C) The recipient is expected to remain and undertake job search activities at the job search center. (D) The quantity of time the recipient is observed and monitored engaging in job search at the official location is recorded for purposes of compliance with section 29. (ff) Penalty period (1) In general The term penalty period means either of 2 periods of 6 consecutive months during each fiscal year. (2) First penalty period The first penalty period of each fiscal year shall be the 6-month period beginning on October 1. (3) Second penalty period The second penalty period of each fiscal year shall be the 6-month period beginning on April 1. (4) Adjustment The entire supplemental nutrition assistance program 6-month funding allotment of a State during a penalty period shall be adjusted in response to the performance of the work activation program of the State during previous performance measurement periods. (gg) Performance measurement period (1) In general The term performance measurement period means either of 2 periods of 6 consecutive months during each fiscal year. (2) First performance measurement period The first performance measurement period of each fiscal year shall be the 6-month period beginning on October 1. (3) Second performance measurement period The second performance measurement period of each fiscal year shall be the 6-month period beginning on April 1. (hh) Program-Eligible adult without dependent children The term program-eligible adult without dependent children means a work-capable adult without dependent children who— (1) receives program benefits for 1 month; and (2) has maintained less than 120 hours of paid employment during that month. (ii) Program-Eligible family unit The term program-eligible family unit means— (1) a program-eligible adult without dependent children; (2) a program-eligible single-headed family with dependent children; or (3) a program-eligible married couple with dependent children. (jj) Program-Eligible married couple with dependent children The term program-eligible married couple with dependent children means a work-capable married couple family with dependent children that— (1) receives program benefits for 1 month; and (2) has maintained less than 120 hours of paid employment between the family head and the married spouse of the family head, summed together and counted jointly, during the month. (kk) Program-Eligible single-Headed family with dependent children The term program-eligible single-headed family with dependent children means a work-capable single-headed family with dependent children that— (1) receives program benefits for 1 month; and (2) has a family head who has maintained less than 120 hours of paid employment during that month. (ll) Single-Headed family with dependent children The term single-headed family with dependent children means a family with dependent children that— (1) contains a family head residing with the family; but (2) does not have a married spouse of the family head residing with the family. (mm) State share of work-Capable family units in calendar year 2010 The term State share of work-capable family units in calendar year 2010 for each State means the quotient obtained by dividing— (1) the average monthly number of work-capable family units in the State during calendar year 2010; by (2) the average monthly number of work-capable family units in all 50 States and the District of Columbia during calendar year 2010. (nn) Total family units eligible for participation in work activation The term total family units eligible for participation in work activation in a month means, in the State in that month, the sum of— (1) program-eligible adults without dependent children; (2) program-eligible single-headed families with dependent children; and (3) program-eligible married couples with dependent children. (oo) Work activation The term work activation means— (1) onsite work activation; and (2) approved offsite work activation. (pp) Work-Capable adult without dependent children The term work-capable adult without dependent children means an individual who— (1) is an able-bodied, work-capable adult; and (2) is not a family head or the married spouse of a family head. (qq) Work-Capable married couple family with dependent children The term work-capable married couple family with dependent children means a married couple with dependent children that contains at least 1 work-capable, able-bodied adult who is— (1) the family head; or (2) the married spouse of the family head. (rr) Work-Capable single-Headed family with dependent children The term work-capable single-headed family with dependent children means a single-headed family with dependent children that has a family head who is an able-bodied, work-capable adult. (ss) Program-Eligible family unit with dependent children The term program eligible family unit with dependent children means the group that includes all— (1) program eligible married couples with dependent children; and (2) program-eligible single-headed families with dependent children. (tt) Ratio of caseload decline among work-Eligible adults without dependent children (1) Definition The term ratio of caseload decline among work eligible adults without dependent children means, in a given fiscal year, the figure that equals the ratio of the number individuals specified in subparagraph (A) divided by the number of individuals specified in subparagraph (B). (A) The remainder of— (i) the average monthly number of work eligible adults without dependent children who received benefits in the State in fiscal year 2014; minus (ii) the average monthly number of work eligible adults without dependent children who received benefits in the State in the given fiscal year. (B) The average monthly number of work eligible adults without dependent children who received benefits in the State in fiscal year 2014. (2) Limitation If the average monthly number of work eligible adults without dependent children who received benefits in the State in the given fiscal year is greater than the average monthly number of work eligible adults without dependent children who received benefits in the State in fiscal year 2014, then the ratio of caseload decline among work eligible adults without dependent children for the given fiscal year shall be zero. (uu) Contingency factor The term contingency factor for a State in a given fiscal year means the percentage of the program eligible family units with dependent children in the State in that year that equals— (1) the ratio of caseload decline among work eligible adults without dependent children in the State in the previous fiscal year; multiplied by (2) fifty. . (d) Conditions of participation Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended by striking subsection (d) and inserting the following: (d) Conditions of participation (1) Work requirements (A) In general No able-bodied, work-capable adult shall be eligible to participate in the supplemental nutrition assistance program if the individual— (i) refuses, at the time of application and every 12 months thereafter, to register for employment in a manner prescribed by the Secretary; (ii) refuses without good cause to accept an offer of employment, at a site or plant not subject to a strike or lockout at the time of the refusal, at a wage not less than the higher of— (I) the applicable Federal or State minimum wage; or (II) 80 percent of the wage that would have applied had the minimum hourly rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) been applicable to the offer of employment; (iii) refuses without good cause to provide a State agency with sufficient information to allow the State agency to determine the employment status or the job availability of the individual; or (iv) voluntarily— (I) quits a job; or (II) reduces work effort and, after the reduction, is working less than 30 hours per week, unless another adult in the same family unit increases employment at the same time by an amount that is at least equal to the reduction in work effort by the first adult. (B) Family unit ineligibility If an able-bodied, work-capable adult is ineligible to participate in the supplemental nutrition assistance program because of subparagraph (A), no other member of the family unit to which that adult belongs shall be eligible to participate. (C) Duration of ineligibility An able-bodied, work-capable adult who becomes ineligible under subparagraph (A), and members of the family unit who become ineligible under subparagraph (B), shall remain ineligible for 3 months after the date on which ineligibility began. (D) Restoration of eligibility At the end of the 3-month period of ineligibility under subparagraph (c), members of a work-capable family unit may have their eligibility to participate in the supplemental nutrition assistance program restored, if— (i) the family unit is no longer a work-capable family unit; or (ii) the adult members of the family unit begin and maintain any combination of paid employment and work activation sufficient to meet the appropriate standards for resumption of benefits in section 29(c)(2). (2) Strike against a government For the purpose of subparagraph (A)(iv), an employee of the Federal Government, a State, or a political subdivision of a State, who is dismissed for participating in a strike against the Federal Government, the State, or the political subdivision of the State shall be considered to have voluntarily quit without good cause. (3) Striking workers ineligible (A) In general Except as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, no member of a family shall be eligible to participate in the supplemental nutrition assistance program at any time that any able-bodied, work-capable adult member of the household is on strike as defined in section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142 ), because of a labor dispute (other than a lockout) as defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). (B) Prior eligibility (i) In general Subject to clause (ii), a family unit shall not lose eligibility to participate in the supplemental nutrition assistance program as a result of 1 of the members of the family unit going on strike if the household was eligible immediately prior to the strike. (ii) No increased allotment A family unit described in clause (i) shall not receive an increased allotment as the result of a decrease in the income of the 1 or more striking members of the household. (C) Refusal to accept employment Ineligibility described in subparagraph (A) shall not apply to any family unit that does not contain a member on strike, if any of the members of the family unit refuses to accept employment at a plant or site because of a strike or lockout. . (e) Eligibility of students with dependent children Section 6(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(e) ) is amended by striking paragraph (8) and inserting the following: (8) is enrolled full-time in an institution of higher education, as determined by the institution, and— (A) is a single parent with responsibility for the care of a dependent child under 12 years of age; or (B) is a family head or married spouse of a family head in a married couple family with dependent children and has a dependent child under age 12 residing in the home. . (f) Work requirement Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended by striking subsection (o) and inserting the following: (o) Fulfillment of employment and work activation requirements (1) In general If 1 or more adults within a program-eligible family unit are required by the State agency to participate in work activation under section 29, no member of the family unit shall be eligible for supplemental nutrition assistance benefits unless the relevant 1 or more adults fully comply with the work activation standards. (2) Sanctions and resumption of benefits If 1 or more adults within a program-eligible family unit who are required by the State agency to participate in work activation under section 29 during a given month fail to comply with the work activation standards, benefits for all members of the family unit— (A) shall be terminated in accordance with section 29(c)(1); and (B) may be resumed upon compliance with section 29(c)(2). . (g) Exclusion Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended by adding at the end the following: (r) Minor children No child less than age 18 years of age may participate in the supplemental nutrition assistance program unless the child is a member of a family with dependent children and resides with an adult who is— (1) the family head of the same family of which the child is also a member; (2) eligible to participate, and participating, in the supplemental nutrition assistance program as a member of the same household as the child; and (3) lawfully residing, and eligible to work, in the United States. . (h) Hearing and determination Section 11(e)(10) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(10) ) is amended by striking : Provided and all that follows through hearing; at the end and inserting a semicolon. (i) Work requirements and activation program The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) is amended by adding at the end the following: 29. Work requirements and activation program (a) Work activation standards (1) In general Subject to paragraph (3), a family unit with adult members that is required to participate in work activation under subsection (e) during a full month of participation in the supplemental nutrition assistance program shall fulfill the following levels of work activation during that month: (A) Work activation performance level for program-eligible adult without dependent children Each program-eligible adult without dependent children who is required to participate in work activation by a State agency under subsection (e) for a particular month shall be required to perform a minimum of 36 hours of work activation for that month, including at least— (i) a minimum of 16 hours of supervised onsite work activation; and (ii) a minimum of 20 additional hours of— (I) onsite work activation; (II) approved offsite work activation; or (III) a combination of both. (B) Work activation performance levels for program-eligible single parent families with dependent children Work-capable adult family heads in program-eligible single parent families with dependent children who are required by a State agency to participate in work activation under subsection (e) shall be required to perform a minimum of 72 hours of work activation per month, including at least— (i) a minimum of 32 hours of supervised onsite work activation; and (ii) a minimum of 40 additional hours of— (I) onsite work activation; (II) approved offsite work activation; or (III) a combination of both. (C) Work activation performance levels for program-eligible married couples with dependent children (i) In general Subject to clause (ii), each program-eligible married couple with dependent children that is required by a State agency to participate in work activation under subsection (e) shall be required to perform a minimum of 72 hours of work activation per month, including at least— (I) a minimum of 32 hours of supervised onsite work activation; and (II) a minimum of 40 additional hours of— (aa) onsite work activation; (bb) approved offsite work activation; or (cc) a combination of both. (ii) Requirements (I) Single joint obligation The 72-hour requirement under clause (i) shall be a single joint obligation for the married couple as a whole in which the activities of both married partners shall be combined together and counted jointly. (II) Options The work activation requirement for a work-capable married couple family with dependent children may be fulfilled by— (aa) 72 or more hours of appropriate activity by the family head; (bb) 72 or more hours of appropriate activity by the married spouse of the family head; or (cc) the combined activity of the family head and married spouse of the family head which when added together equal or exceed 72 hours. (D) No separate work activation requirement Neither the family head nor the married spouse of the family in a married couple family with dependent children shall be subject to a separate work activation requirement as individuals. (2) State option to require greater amounts of work activation At its discretion, a State may require work-capable family units to engage in hours of work activation per month that are greater than the levels specified in paragraph (1), except that the number of hours of work activation required of work-capable married couples with dependent children shall not be greater than the number maximum hours of work activation required of work-capable single parent families with dependent children. (3) Limitation on combined hours of work activation and paid employment (A) In general Notwithstanding subparagraphs (A), (B), and (C) of paragraph (1), a State may count any program-eligible family unit as fulfilling the full engagement requirement of the family unit for a month, for purposes of paragraphs (3) and (4) of subsection (e), if the combined sum of paid employment and work activation by work-capable adults within the family unit in that month equals at least 160 hours. (B) Result of fulfillment If the combined sum of hours of paid employment and work activation by work-capable individuals within a program-eligible family unit is at least 160 hours in a given month— (i) the family unit has fulfilled the Federal work activation standards of the family unit for that month; and (ii) the State agency need not require members of the family unit to perform additional work activation during that month. (b) Pro rata reduction in employment and work activation standard during a partial month (1) In general A program-eligible family unit shall be subject to a pro-rated work activation standard, if the family unit— (A) receives a pro-rated monthly allotment during the initial month of enrollment under section 8(c); and (B) is required by the State to participate in the work activation program during that month. (2) Pro-rated work activation standard For purposes of paragraph (1), the term pro-rated work activation standard means a standard that equals a number of hours of work activity of a family unit that bears the same proportion to the work activation requirement for the family unit for a full month under subsection (a) as the proportion that— (A) the pro-rated monthly allotment received by the household for the partial month under section 8(c); bears to (B) the full allotment the same household would receive for a complete month. (3) Requirement For purposes of fulfilling the pro-rated work activation requirement during an initial month of enrollment in the supplemental nutrition assistance program, only those hours of adult work activation that occurred during the portion of the month in which the family unit was participating in the supplemental nutrition assistance program shall be counted. (c) Sanction for noncompliance by family units (1) Standard (A) In general If 1 or more members of a program-eligible family unit are required to participate in the work activation program under subsection (e) in a calendar month and 1 or more individuals fail to fulfill the work activation standards under subsection (a) or (b) for that month— (i) no member of the family unit shall be eligible to receive supplemental nutrition assistance benefits during the subsequent calendar month; and (ii) except as provided in subparagraph (B), the State agency shall not provide the supplemental nutrition assistance benefit payment for all members of the family unit that otherwise would have been issued at the beginning of the next month. (B) Administrative delay of sanction (i) In general Except as provided in clauses (ii) and (iii), if it is administratively infeasible for the State to not provide the supplemental nutrition assistance benefit that would be issued at the beginning of the first month after the month of noncompliance, the State shall not provide the payment to all members of the family unit that otherwise would have been made at the beginning of the second month after the month of noncompliance. (ii) Deadline The sanction of benefits shall occur not later than 32 days after the end of the month of noncompliance. (iii) Relationship of payments to members of the family unit At least 1 monthly payment to all members of the family unit shall be not provided for each month of noncompliance under subparagraph (A). (2) Resumption of benefits after sanction (A) In general If a family unit has had the monthly benefit of the family unit not provided due to noncompliance with a work activation requirement under paragraph (1), the family unit shall not be eligible to receive future benefits under the supplemental nutrition assistance program until— (i) the 1 or more work-capable members of the family unit have— (I) successfully participated in a work activation program under subsection (e) for at least 4 consecutive, subsequent weeks; and (II) fulfilled the work activation standard for the family unit for that same 4-week period by maintaining an hourly total of participation in work activation that is at least equal to the appropriate monthly totals for hours of participation provided in subsection (a); (ii) the family unit no longer contains any able-bodied, work-capable adults; or (iii) the family unit maintains at least 120 hours of paid employment during the 4-week period. (B) Limitation The resumed benefits provided under subparagraph (A) shall not restore or compensate for the benefits that were not provided due to the sanction imposed under paragraph (1). (d) Work activation is not employment Participation in work activation activities under this section shall not be— (1) considered to be employment; or (2) subject to any law pertaining to wages, compensation, hours, or conditions of employment under any law administered by the Secretary of Labor. (e) Work activation program (1) Program Each State participating in the supplemental nutrition assistance program shall carry out a work activation program. (2) Purpose (A) In general The goals of each work activation program shall be— (i) to encourage and assist able-bodied, work-capable adult recipients of supplemental nutrition assistance to obtain paid employment; (ii) to reduce dependence on government assistance; and (iii) to ensure that able-bodied, work-capable adult recipients of supplemental nutrition assistance make a contribution to society and the taxpayers in exchange for assistance received. (B) Requirement To accomplish the goals described in subparagraph (A), each State shall require able-bodied, work-capable adult recipients of supplemental nutrition assistance who are unemployed or under-employed to engage in work activation. (3) Required State work activation participation rates (A) In general Subject to subparagraph (D), each State that receives supplemental nutrition assistance program funding shall be required to meet, for the work activation programs of the State— (i) a work activation participation rate for work-capable adults without dependent children, as described in subparagraph (B); and (ii) a work activation participation rate for program eligible family units as described in subparagraph (C). (B) Participation rate for work-capable adults without dependent children The average monthly percent of program-eligible work-capable without dependent children who shall be required to maintain full engagement in work activation under subparagraph (A)(i) shall be— (i) for each performance measurement period in fiscal year 2015, 30 percent of all program-eligible adults without dependent children; (ii) for each performance measurement period in fiscal year 2016, 50 percent of all program-eligible adults without dependent children who are eligible for work activation; and (iii) for each performance measurement period in fiscal year 2017 and each subsequent fiscal year, 85 percent of all program-eligible adults without dependent children who are eligible for work activation. (C) Participation rate for program-eligible family units with dependent children (i) Requirements Subject to the limitation in clause (ii), the average monthly percent of program-eligible family units with dependent children that shall be required to maintain full engagement in work activation in a given month shall be— (I) for each performance measurement period in fiscal year 2017, 15 percent of program-eligible family units with dependent children; and (II) for each performance measurement period in fiscal year 2018 and subsequent years, the sum of— (aa) 15 percent of percent of program-eligible family units with dependent children, plus (bb) the percent of program-eligible family units with dependent children that equals the contingency factor for the State for that year. (ii) Limitation Notwithstanding clause (i), no State shall be required to maintain an average monthly rate of full engagement in work activation by program-eligible family units with dependent children, in either performance measurement period in a fiscal year, that exceeds the following: (I) In fiscal year 2017, 15 percent of program-eligible family units with dependent children. (II) In fiscal year 2018, 25 percent of program-eligible family units with dependent children. (III) In fiscal year 2019, 35 percent of program-eligible family units with dependent children. (IV) In fiscal year 2020, 50 percent of program-eligible family units with dependent children. (D) Higher levels of work activation at State discretion Nothing in this law shall be construed to prohibit a State from maintaining levels of work activation that are higher than those specified subparagraph (B) or (C). (4) Counting full engagement in work activation for purposes of measuring State compliance with participation rates (A) In general For purposes of determining the compliance of a State with the participation rate standards in paragraph (3), a State shall count in each month the number of program-eligible family units that maintained full engagement in work activation in that month. (B) Full Engagement (i) In general For purposes of subparagraph (A), a family unit shall be counted as having maintained full engagement in work activation in a given month if the family unit was— (I) a program-eligible family unit that performed sufficient work activation in the month to meet the work activation standards provided in subsection (a) or (b); (II) a family unit that did not qualify for supplemental nutrition assistance benefits in a current month because of a prior sanction but that qualified for a resumption of benefits due to work activation performed in the month that meets the standards provided in subsection (c)(2); or (III) a program-eligible family unit that— (aa) received supplemental nutrition assistance benefits in a given month; (bb) was required by a State agency to participate in work activation in that month; (cc) failed to perform sufficient work activation in that month to meet the standards in subsection (a) or (b); and (dd) was sanctioned by an elimination of supplemental nutrition assistance benefits in the 1 or more immediately succeeding months, in accordance with subsection (c)(1). (ii) Limitation (I) In general For purposes of clause (i)(III), a family unit that was required to participate in work activation but failed to perform sufficient activity to meet the standard shall be counted as having maintained full engagement in work activation only in the first month of noncompliance. (II) Subsequent months Except as provided in clause (i)(II), the family unit shall not be counted as maintaining full engagement in work activation in any subsequent month in which the family unit was subject to the sanction for noncompliance. (C) Benefits previously terminated Except as provided in subparagraph (B)(i)(II) concerning family units that qualify for resumption of benefits, a family unit that does not receive supplemental nutrition assistance benefits in a given month because the benefits of the family unit have been previously terminated in accordance with subsection (c)(1) shall not be counted in that month— (i) as a family unit that has maintained full engagement in work activation; or (ii) as a program-eligible family unit. (5) Penalties for inadequate State performance (A) Requirement (i) In general Beginning in fiscal year 2015 and for each subsequent fiscal year, each State shall count the monthly average number of program-eligible family units that maintain full engagement in work activation during each performance measurement period. (ii) Reduction in funding If the monthly average number of program-eligible family units that maintain full engagement in a State is not sufficient to fulfill 1 or both of the relevant performance standards in subparagraphs (B) and (C) of paragraph (3) during a performance measurement period (subject to the limitation in paragraph (3)(D)), the Federal supplemental nutrition assistance program funding for the State shall be reduced for the entire penalty period that commences 12 months after the commencement of the relevant performance measurement period. (B) Schedule of funding reductions (i) In general The funding reduction for a State under subparagraph (A) shall be determined by the number of consecutive performance measurement periods during which the State has failed to meet 1 or both of the relevant work activation participation rates under subparagraphs (B) and (C) of paragraph (3) (subject to paragraph (3)(D)). (ii) Failure If any State fails to maintain a monthly average number of program-eligible family units that maintain full engagement in work activation during a performance measurement period that fulfills 1 or both of the relevant performance standards under subparagraphs (B) and (C) of paragraph (3) (subject to paragraph (3)(D))— (I) for a single, nonconsecutive performance measurement period, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 20 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (II) for 2 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 30 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (III) for 3 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 40 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (IV) for 4 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 50 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; (V) for 5 consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 70 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period; and (VI) for 6 or more consecutive performance measurement periods, the Federal supplemental nutrition assistance program funding for the State shall be reduced by 100 percent of the normal funding allotment of the State for the penalty period that commences 12 months after the relevant performance measurement period. (C) Restoration in funding resulting from improved State performance (i) In general Subject to clause (iii), if a State maintains a monthly average number of program-eligible family units that maintain full engagement in work activation that is sufficient to fulfill the relevant performance standards described in subparagraphs (B) and (C) of paragraph (3), subject to the limitation in paragraph (3)(D) for 1 nonconsecutive performance measurement period, the Federal supplemental nutrition assistance funding for the State for the next penalty period shall equal 1/2 of the sum of— (I) the normal funding allotment of the State for the performance measurement period; and (II) the funding allotment of the State for the previous penalty period. (ii) Subsequent periods Subject to clause (iii), if a State maintains a monthly average number of program-eligible family units who maintain full engagement in work activation that is sufficient to fulfill the relevant performance standards described in subparagraphs (B) and (C) of paragraph (3), subject to the limitation in paragraph (3)(D) for 2 consecutive performance measurement periods, the Federal supplemental nutrition assistance funding for the State shall equal 100 percent of the normal funding allotment of the State for the next penalty period. (iii) Limitation Notwithstanding clauses (i) and (ii), no State shall receive more than 100 percent of the normal funding allotment of the State due to the provisions of this paragraph. (6) Rewards to States for reducing government dependence (A) In general If, in any future year, a State reduces the supplemental nutrition assistance caseload of the State below the levels that existed in calendar year 2006, the State shall receive a financial reward for reducing dependence. (B) Amount The reward shall equal 1⁄4 of the savings to the Federal Government for that year that resulted from the caseload reduction. (C) Use of reward A State may use reward funding under this paragraph for any purpose chosen by the State that— (i) provides benefits or services to individuals with incomes below 200 percent of the Federal poverty level; (ii) improves social outcomes in low-income populations; (iii) encourages healthy marriage; or (iv) increases self-sufficiency and reduces dependence. (7) Authorization of funding (A) In general There is authorized to be appropriated to the Secretary to provide funds to State governments for the purpose of carrying out work activation programs in accordance with this section $500,000,000 for fiscal year 2014 and each subsequent fiscal year. (B) Allocation among States The total amount appropriated under subparagraph (A) for a fiscal year shall be allocated among the States in accordance with the proportion of each State’s share of total funding for the supplemental nutrition assistance program under this Act in fiscal year 2007. (C) Additional funding (i) TANF funding (I) In general Notwithstanding any other provision of law, in fiscal year 2014 and each subsequent fiscal year, a State that receives supplemental nutrition assistance funds may spend, in that fiscal year to administer the work activation program of the State under this section, up to— (aa) 30 percent of the Federal funds available to the State through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) in that fiscal year; and (bb) 30 percent of funds from State sources allocated to the operation of the program described in item (aa). (II) Effect Any State that uses State funds allocated to the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) to administer the work activation program under this section may count those funds for purposes of meeting the maintenance of effort requirement of the State under that program of block grants in that fiscal year. (ii) Workforce Investment Act funding Notwithstanding any other provision of law, in fiscal year 2014 and each subsequent fiscal year, a State that receives Federal funds under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) may spend up to 50 of those funds to administer the work activation program under this section. . (j) Conforming amendments (1) Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (A) in subsection (a), in the second sentence, by striking , 6(d)(2), ; (B) in subsection (d)(14), by striking section 6(d)(4)(I) and inserting section 29 ; (C) in subsection (e)(3)(B)(ii), by striking subsection (d)(3) and inserting section 29 ; and (D) in the first sentence of subsection (g)(3), by striking section 6(d) and inserting section 29 . (2) Section 7(i)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(i)(1) ) is amended by striking section 6(o)(2) and inserting section 6(o) . (3) Section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) ) is amended— (A) by striking paragraph (19); and (B) by redesignating paragraphs (20) through (23) as paragraphs (19) through (22), respectively. (4) Section 16 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended— (A) in subsection (b)(4), by striking section 6(d) and inserting section 29 ; and (B) by striking subsection (h). (5) Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended— (A) in subsection (b)— (i) in paragraph (1)(B)(iv)(III)— (I) by striking item (bb); and (II) by redesignating items (cc) through (jj) as items (bb) through (ii), respectively; (ii) in paragraph (2), by striking the second sentence; and (iii) in paragraph (3)(B), in the first sentence, by striking section 6(d) and inserting section 29, ; and (B) by striking subsection (g). (6) Section 20 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2029 ) is amended— (A) in subsection (b)— (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively; (B) by striking subsection (f); and (C) by redesignating subsection (g) as subsection (f). (7) Section 22(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b) ) is amended by striking paragraph (4). (8) Section 26(f)(3)(E) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(f)(3)(E) ) is amended by striking (22), and (23) and inserting (21), and (22) . (9) Section 501(b)(2)(E) of the Workforce Investment Act of 1998 ( 20 U.S.C. 9271(b)(2)(E) ) is amended by striking section 6(d) and all that follows through the end and inserting section 29 of the Food and Nutrition Act of 2008. . (10) Section 112(b)(8)(A)(iii) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822(b)(8)(A)(iii) ) is amended by striking section 6(d)(4) and all that follows through ( 7 U.S.C. 2015(d)(4) ) and inserting section 29 of the Food and Nutrition Act of 2008 . (11) Section 121(b)(2)(B)(ii) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841(b)(2)(B)(ii) ) is amended by striking section 6(d)(4) and all that follows through the end and inserting section 29 of the Food and Nutrition Act of 2008; . 102. Termination of benefit increase Section 101(a)(2) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 120; 124 Stat. 2394; 124 Stat. 3265) is amended by striking paragraph (2) and inserting the following: (2) Termination The authority provided by this subsection shall terminate on the date of enactment of the Welfare Reform Act of 2014 . . II Reporting of means-tested welfare spending in President’s budget submission 201. Additional information in President’s budget submission Section 1105(a) of title 31, United States Code, is amended— (1) by redesignating the second paragraph designated as paragraph (37), relating to outdated or duplicative plans and reports, as added by section 11 of the GPRA Modernization Act of 2010 ( Public Law 111–352 ; 124 Stat. 3881), as paragraph (39); and (2) by adding at the end the following: (40) the total level of means-tested welfare spending (as defined in section 3 of the Congressional Budget Act of 1974 ( 2 U.S.C. 622 )) by the Federal Government and the total level of means-tested welfare spending by all State and local governments and the Federal Government for the most recent fiscal year for which such data is available and estimated levels for the fiscal year during which the budget submission of the President is made, for the fiscal year beginning on October 1 of the calendar year during which the budget submission is made, and for each of the 9 ensuing fiscal years. . III Aggregate cap for means-tested welfare spending 301. Definition of means-tested welfare spending Section 3 of the Congressional Budget Act of 1974 ( 2 U.S.C. 622 ) is amended by adding at the end the following new paragraph: (12) (A) The term means-tested welfare spending — (i) means spending for any Federal program that is designed to specifically provide assistance or benefits exclusively to low-income Americans; (ii) does not include such a program if the program— (I) is based on earned eligibility; (II) is not need-based; (III) is a program designed exclusively or primarily for veterans of military service; or (IV) offers universal or near universal eligibility to the working population and their dependents; and (iii) includes community and economic development programs targeted to low-income communities or populations. (B) For purposes of subparagraph (A), the spending on the following Federal programs shall be means-tested welfare spending: (i) Cash and general programs (I) Supplemental Security Income. (II) Earned Income Tax Credit (Refundable Portion). (III) Refundable Child Credit. (IV) Temporary Assistance to Needy Families. (V) Title IV–E Foster Care. (VI) Title IV–E Adoption Assistance. (VII) General Assistance to Indians. (VIII) Assets for Independence. (ii) Medical (I) Medicaid. (II) State Children’s Health Insurance Program. (III) Indian Health Services. (IV) Consolidated Health Centers/Community Health Centers. (V) Maternal and Child Health. (VI) Healthy Start. (VII) Refundable Premiums and Out of Pocket Subsidies under the Patient Protection and Affordable Health Care Act (PPACA). (iii) Food (I) Food Stamps Program. (II) School Lunch Program. (III) Women, Infant and Children (WIC) Food Program. (IV) School Breakfast. (V) Child Care Food Program. (VI) Nutrition Program for the Elderly, Nutrition Service Incentives. (VII) Summer Food Service Program. (VIII) Commodity Supplemental Food Program. (IX) Temporary Emergency Food Program. (X) Needy Families. (XI) Farmer’s Market Nutrition Program. (XII) Special Milk Program. (iv) Housing (I) Section 8 Housing (HUD). (II) Public Housing (HUD). (III) State Housing Expenditures. (IV) Home Investment Partnership Program (HUD). (V) Homeless Assistance Grants (HUD). (VI) Rural Housing Insurance Fund (Agriculture). (VII) Rural Housing Service (Agriculture). (VIII) Housing for the Elderly (HUD). (IX) Native American Housing Block Grants (HUD). (X) Other Assisted Housing Programs (HUD). (XI) Housing for Persons with Disabilities (HUD). (v) Energy and Utilities (I) Low-Income Home Energy Assistance. (II) Universal Service Fund—Subsidized Phone Service for Low-Income Persons. (III) Weatherization. (vi) Education (I) Pell Grants. (II) Title I Grants to Local Education Authorities. (III) Special Programs for Disadvantaged (TRIO). (IV) Supplemental Education Opportunity Grants. (V) Migrant Education. (VI) Gear-Up. (VII) Education for Homeless Children and Youth. (VIII) Leveraging Educational Assistance Partnership (LEAP) Program. (IX) Even Start. (vii) Training (I) Job Corps. (II) Youth Opportunity Grants (under the Workforce Investment Act). (III) Adult Employment and Training (under the Workforce Investment Act). (IV) Senior Community Service Employment. (V) Food Stamp Employment and Training Program. (VI) Migrant Training. (VII) YouthBuild. (VIII) Native American Training. (viii) Services (I) Title XX Social Services Block Grant. (II) Community Service Block Grant. (III) Social Services for Refugees, Asylees, and Humanitarian Cases. (IV) Title III Aging Americans Act. (V) Legal Services Block Grant. (VI) Family Planning. (VII) Emergency Food and Shelter. (VIII) Healthy Marriage and Responsible Fatherhood Grants. (IX) Americorps VISTA. (ix) Child Care and Child Development (I) Headstart. (II) Childcare and Child Development Block Grant. (III) Child Care Block Grant (under Temporary Assistance to Needy Families Program). (x) Community Development (I) Community Development Block Grant. (II) Economic Development Administration. (III) Appalachian Regional Development. (IV) Empowerment Zones, Enterprise Communities, Renewal Communities. (V) Urban Development Block Grant. (C) For purposes of subparagraph (A), spending on the following Federal programs shall not be means-tested welfare spending: (i) The Social Security Disability Insurance program. (ii) Medicare. (iii) Retirement insurance benefits and survivor benefits under the Social Security program. (iv) Any program designed exclusively or primarily for veterans of military service. (v) Unemployment insurance benefits. (vi) Programs designed specifically to provide benefits to workers to compensate for job-related injuries or illnesses. (D) The term means-tested welfare spending includes the full cost of benefits and services provided under a program and the administrative costs for operating the program, subject to the limitations under subparagraph (E). (E) (i) (I) For purposes of this paragraph, only the refundable portion of the following tax credits shall be means-tested welfare spending: (aa) The earned income tax credit. (bb) The child tax credit. (cc) The making work pay tax credit. (II) For purposes of this paragraph, only the refundable portion of the premium and out of pocket health care subsidies to be paid under the Patient Protection and Affordable Health Care Act shall be means-tested welfare spending. (III) For purposes of this clause, the term refundable portion means the portion of the credit which is paid to an individual in excess of the amount of Federal income tax owed by the individual. (ii) For purposes of this paragraph, only the costs of the free and reduced price segments of the school lunch and school breakfast programs shall be means-tested welfare spending. (F) For purposes of this paragraph expenditures by State and local governments of funds that are— (i) obtained by the State and local government from taxes, fees, or other sources of revenue established by the State or local government; and (ii) are not received as any form of grant from the Federal Government, shall not be Federal means-tested welfare spending, without regard to whether such State and local expenditures take the form of contributions to a Federal program described in subparagraph (A) or listed in subparagraph (B). . 302. Reports to budget committees Section 202(e)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 602(e)(1) ) is amended— (1) by inserting (A) after (1) ; and (2) by adding at the end the following: (B) (i) The Director shall include in each report submitted to the Committees on the Budget of the House of Representatives and the Senate under subparagraph (A) the information described in clause (ii) beginning on the earlier of— (I) the first fiscal year that begins after the date of enactment of this subparagraph and after any monthly rate of unemployment during the immediately preceding fiscal year is below 6 percent; or (II) fiscal year 2016. (ii) The Director shall include the following information for the fiscal year commencing on October 1 of the year in which the report is submitted and for each of the ensuing 4 fiscal years: (I) The Congressional Budget Office baseline level of means-tested welfare spending. (II) The aggregate level of means-tested welfare spending computed by taking the aggregate level of means-tested welfare spending for fiscal year 2007 and adjusting that for inflation according to the procedures specified in clause (iii). (iii) In preparing the information required to be included under this subparagraph— (I) means-tested welfare spending relating to medical assistance programs shall be adjusted for inflation according to the price index for personal consumption expenditures for health products and services as calculated by the Bureau of Economic Analysis; and (II) all other means-tested welfare spending shall be adjusted for inflation according to the weighted price index for personal consumption expenditures excluding health products and services as calculated by the Bureau of Economic Analysis. . 303. Content of concurrent resolutions on the budget Section 301 of the Congressional Budget Act of 1974 ( 2 U.S.C. 632 ) is amended by adding at the end the following: (j) Means-Tested welfare spending (1) In general The concurrent resolution on the budget for a fiscal year shall set forth the appropriate level for aggregate means-tested welfare spending for the first fiscal year of that concurrent resolution and for at least each of the 4 ensuing fiscal years beginning on the earlier of— (A) the first fiscal year that begins after the date of enactment of this subsection and after any monthly rate of unemployment during the immediately preceding fiscal year is below 6 percent; or (B) fiscal year 2016. (2) Setting level The level described in paragraph (1) shall not exceed the aggregate level of Federal means-tested welfare spending for fiscal year 2007, adjusted for inflation as follows: (A) In fiscal year 2016, the sum of $825,000,000,000. (B) In fiscal year 2017, the sum of $750,000,000,000. (C) In fiscal year 2018 and in subsequent fiscal years, the aggregate level of Federal means-tested welfare spending for fiscal year 2007, adjusted for inflation as follows: (i) Means-tested welfare spending relating to medical assistance programs shall be adjusted for inflation according to the price index for personal consumption expenditures for health products and services as calculated by the Bureau of Economic Analysis. (ii) All other means-tested welfare spending shall be adjusted for inflation according to the weighted price index for personal consumption expenditures excluding health products and services as calculated by the Bureau of Economic Analysis. . 304. Allocations of means-tested welfare spending (a) In general Section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ) is amended by adding at the end the following: (h) Means-Tested welfare spending limit (1) Further division of amounts For any concurrent resolution on the budget in which levels for aggregate means-tested welfare spending are set forth under section 301(j), in the House of Representatives and the Senate, the amounts allocated under subsection (a) shall be further divided to establish an allocation of— (A) total new budget authority and total outlays for discretionary means-tested welfare spending in appropriation measures for the first fiscal year of that concurrent resolution; and (B) total new budget authority and total outlays for mandatory means-tested welfare spending for the first fiscal year of that concurrent resolution and at least each of the ensuing 4 fiscal years to all other committees of the House of Representatives and the Senate that have jurisdiction over legislation providing mandatory means-tested welfare spending. (2) Point of order (A) In general Except as provided in subparagraph (B), it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or amendment between the Houses if— (i) the enactment of such bill or resolution as reported; (ii) the adoption and enactment of such amendment; (iii) the enactment of such bill or resolution in the form recommended in such conference report; or (iv) the enactment of such amendment between the Houses, would cause the applicable allocation of new budget authority or outlays made under subparagraph (A) or (B) of paragraph (1) for a fiscal year to be exceeded. (B) Exception The limits on the allocation of new budget authority or outlays made under subparagraph (A) or (B) of paragraph (1) shall not be in effect for a fiscal year if the average monthly unemployment rate in the preceding fiscal year exceeded 7.5 percent. . (b) Conforming amendment Section 302(b) of the Congressional Budget Act of 1974 is amended by striking under subsection (a) and inserting under subsections (a) and (h) . 305. Reconciliation Section 310(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 641(a) ) is amended— (1) in paragraph (3), by striking or at the end; (2) by redesignating paragraph (4) as paragraph (5); (3) by inserting after paragraph (3) the following: (4) specify the total amount by which new budget authority for such fiscal year for mandatory means-tested welfare spending contained in laws, bills, and resolutions within the jurisdiction of a committee is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount, which amount shall be the amount by which the Congressional Budget Office baseline level of spending for aggregate mandatory means-tested welfare programs exceeds the allocation made pursuant to section 302(h)(1)(B) for such fiscal year; and ; and (4) in paragraph (5), as so redesignated, by striking and (3) and inserting (3), and (4) . IV Grants to promote self-sufficiency 401. Grants to States (a) Purpose The purpose of this title is to encourage States to develop policies to promote self-sufficiency and prosperity and to reduce poverty and Government dependence. (b) Grants The Social Security Act is amended by adding at the end the following: XXII Grants to States to Promote Self-Sufficiency and Prosperity and to Reduce Dependence 2201. Grants to States (a) In general The Secretary may provide grants to States to reward reductions in poverty and Government dependence and increases in self-sufficiency. (b) Allocation of grants to states For each fiscal year for which funds are made available under subsection (e), the Secretary shall make a grant in an amount equal to $100,000,000 to each of the 3 States with the greatest percentage increases in the self-sufficiency ratio of the State for the preceding fiscal year over the self-sufficiency ratio of the State for fiscal year 2007, as compared with the changes in that ratio for each other State, subject to subsection (c). (c) Limitation on eligibility for grants A State shall not be eligible for a grant under this title for a fiscal year unless the self-sufficiency ratio of the State for the fiscal year is greater than the self-sufficiency ratio of the State for fiscal year 2007. (d) Definitions In this title: (1) The term self-sufficient family means a family (including a 1-person family) whose combined income, excluding receipt of means-tested welfare spending (as defined in section 3(11)(A) of the Congressional Budget and Impoundment Control Act of 1974), exceeds the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved). (2) The term self-sufficiency ratio means, with respect to a State and a fiscal year— (A) the number of self-sufficient families residing in the State during the fiscal year that are headed by able-bodied individuals who have not attained 63 years of age; divided by (B) the total number of families residing in the State during the fiscal year that are headed by able-bodied individuals who have not attained 63 years of age. (3) The term State means the 50 States and the District of Columbia. (e) Limitations on authorization of appropriations For grants under this title, there are authorized to be appropriated to the Secretary $300,000,000 for fiscal year 2016 and each succeeding fiscal year. . V Prohibition on funding of abortion 501. Prohibition on funding for abortions No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. 502. Prohibition on funding for health benefits plans that cover abortion None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. 503. Prohibition on tax benefits relating to abortion For taxable years beginning after the date of the enactment of this section, no credit shall be allowed under the internal revenue laws with respect to amounts paid or incurred for an abortion or with respect to amounts paid or incurred for a health benefits plan (including premium assistance) that includes coverage of abortion. 504. Construction relating to separate coverage Nothing in this title shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. 505. Construction relating to the use of non-Federal funds for health coverage Nothing in this title shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. 506. Treatment of abortions related to rape, incest, or preserving the life of the mother The limitations established in this title shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.
https://www.govinfo.gov/content/pkg/BILLS-113hr4731ih/xml/BILLS-113hr4731ih.xml
113-hr-4732
I 113th CONGRESS 2d Session H. R. 4732 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Kilmer (for himself, Ms. Herrera Beutler , Mrs. Capps , Mr. Heck of Washington , Mr. Huffman , Mr. Peters of California , and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to ocean acidification. 1. Short title This Act may be cited as the Ocean Acidification Innovation Act of 2014 . 2. Heading Section 12404 of the Federal Ocean Acidification Research and Monitoring Act of 2009 ( 33 U.S.C. 3703 ) is amended by adding at the end the following: (d) Prize competitions (1) In General Any Federal agency with a representative serving on the interagency working group established under this section may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ). (2) Purposes Any prize competition carried out under this subsection shall be for the purpose of stimulating innovation to advance our Nation’s ability to understand, research, or monitor ocean acidification or its impacts, or to develop management or adaptation options for responding to ocean acidification. (3) Priority programs Priority shall be given to establish programs under this section that address communities, environments, or industries that are in distress due to the impacts of ocean acidification, including— (A) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; (B) the development of adaptation options to alleviate economic harm and job loss caused by ocean acidification; (C) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and (D) the development of adaptation and management options for impacted shellfish industries. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4732ih/xml/BILLS-113hr4732ih.xml
113-hr-4733
I 113th CONGRESS 2d Session H. R. 4733 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Larson of Connecticut 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, expand, and extend the credit for hydrogen-related alternative fuel vehicle refueling property and to increase the investment credit for more efficient fuel cells. 1. Short title This Act may be cited as the Fuel Cell and Hydrogen Infrastructure Act of 2014 . 2. Expansion of credit for hydrogen-related alternative fuel vehicle refueling property (a) Increase in credit percentage Subsection (a) of section 30C of the Internal Revenue Code of 1986 (relating to alternative fuel vehicle refueling property credit) is amended by inserting (50 percent in the case of property relating to hydrogen) after 30 percent . (b) No dollar limitation Subsection (b) of section 30C of such Code is amended by adding at the end the following flush sentence: The preceding sentence shall not apply in the case of property related to hydrogen. . (c) Credit allowable for refueling property for certain motor vehicles designed for carrying or towing loads (1) In general Subsection (c) of section 30C of such Code is amended by striking and at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting , and , and by adding at the end the following new paragraph: (3) with respect to property described in section 179A(d)(3)(A) for the storage or dispensing of fuel at least 85 percent of the volume of which consists of hydrogen, the reference to motor vehicles in section 179A(d)(3)(A) includes specified off-highway vehicles. . (2) Specified off-highway vehicles defined Subsection (e) of section 30C of such Code is amended by adding at the end the following new paragraph: (7) Specified off-highway vehicles For purposes of subsection (c)(3)— (A) In general The term specified off-highway vehicles means all types of vehicles propelled by motor that are designed for carrying or towing loads from one place to another, regardless of the type of load or material carried or towed and whether or not the vehicle is registered or required to be registered for highway use, including fork lift trucks used to carry loads at railroad stations, industrial plants, and warehouses. (B) Exceptions Such term does not include— (i) farm tractors, trench diggers, power shovels, bulldozers, road graders or rollers, and similar equipment which does not carry or tow a load, and (ii) any vehicle that operates exclusively on a rail or rails. . (d) Credit for hydrogen property extended through 2016 Paragraph (1) of section 30C(g) of such Code is amended by striking December 31, 2014 and inserting December 31, 2016 . (e) Effective date (1) In general The amendments made by subsections (a) and (c) shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date. (2) Repeal of limitation The amendment made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act. (3) Hydrogen refueling property The amendment made by subsection (d) shall apply to property placed in service after December 31, 2014. 3. Increased investment credit for more efficient fuel cells (a) Increased percentage (1) In general Subparagraph (A) of section 48(a)(2) of the Internal Revenue Code of 1986 (relating to energy percentage) is amended by redesignating clauses (i) and (ii) as clauses (iii) and (iv), respectively, and by inserting before clause (iii), as so redesignated, the following new clauses: (i) 50 percent in the case of qualified fuel cell property used in a combined heat and power system having an energy efficiency percentage (as defined in section 48(c)(3)(C)) of 70 percent or more, (ii) 40 percent in the case of qualified fuel cell property used in such a system having an energy efficiency percentage (as so defined) of at least 60 percent but less than 70 percent, . (2) Conforming amendments (A) Subclause (I) of section 48(a)(2)(A)(iii) of such Code, as redesignated by paragraph (1), is amended by inserting not described in clause (i) or (ii) before the comma. (B) Clause (iv) of section 48(a)(2)(A) of such Code, as so redesignated, is amended by striking to which clause (i) does not apply and inserting to which none of the preceding clauses apply . (b) Increased maximum credit Subparagraph (B) of section 48(c)(1) of such Code is amended to read as follows: (B) Limitation In the case of qualified fuel cell property placed in service during the taxable year, the credit otherwise determined under subsection (a) for such year with respect to such property shall not exceed an amount equal to— (i) in the case of property described in subsection (a)(2)(A)(i), $2,500 for each 0.5 kilowatt of capacity of such property, (ii) in the case of property described in subsection (a)(2)(A)(ii), $2,000 for each 0.5 kilowatt of capacity of such property, and (iii) in the case of property described in subsection (a)(2)(A)(iii)(I), $1,500 for each 0.5 kilowatt of capacity of such property. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4733ih/xml/BILLS-113hr4733ih.xml
113-hr-4734
I 113th CONGRESS 2d Session H. R. 4734 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. McHenry introduced the following bill; which was referred to the Committee on Financial Services A BILL To repeal the authority of the Bureau of Consumer Financial Protection to restrict mandatory pre-dispute arbitration. 1. Short title This Act may be cited as the Bureau Arbitration Fairness Act . 2. Repeal of authority to restrict mandatory pre-dispute arbitration Section 1028 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5518 ) is amended— (1) by striking (a) Study and report.— ; and (2) by striking subsections (b), (c), and (d).
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113-hr-4735
I 113th CONGRESS 2d Session H. R. 4735 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Nolan (for himself and Mr. McKinley ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Patient Protection and Affordable Care Act to provide for a temporary shift in the scheduled collection of the transitional reinsurance program payments. 1. Short title This Act may be cited as the Health Care Fairness and Stability Act . 2. Shift in the collection of the payment for the transitional reinsurance program (a) In general Section 1341(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18061(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) by inserting beginning on January 1, 2018, after required to make payments ; and (ii) by striking any plan year beginning in the 3-year period and all that follows through the end and inserting payments made under subparagraph (C) (as specified in paragraph (3)); ; (B) in subparagraph (B), by striking and uses and all that follows through the period and inserting ; and ; and (C) by adding at the end the following: (C) the applicable reinsurance entity makes reinsurance payments to health insurance issuers described in subparagraph (A) that cover high risk individuals in the individual market (excluding grandfathered health plans) for any plan year beginning in the 3-year period beginning January 1, 2014, in an aggregate amount of up to the total of the aggregate contribution amounts described in paragraph (3)(B)(iv), subject to paragraph (4). ; (2) in paragraph (2), by striking paragraph (1)(B) and inserting paragraph (1)(C) ; (3) in paragraph (3)— (A) in subparagraph (A), by striking 2014 and inserting 2018 ; and (B) in subparagraph (B)— (i) in clause (ii), by striking administrative and inserting operational ; (ii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (iii) by inserting after clause (ii), the following: (iii) the aggregate contribution amount for all States shall be based on the total amount of reinsurance payments made under paragraph (1)(C); ; (iv) by striking clause (iv), as so redesignated, and inserting the following: (iv) the aggregate contribution amount collected under clause (iii) shall, without regard to amounts described in clause (ii), be limited to $10,000,000,000 based on the plan years beginning in 2014, $6,000,000,000 based on the plan years beginning in 2015, and $4,000,000,000 based on the plan years beginning in 2016; ; (v) in clause (v), as so redesignated, by striking clause (iii) each place that such term appears and inserting clause (iv) ; and (vi) by inserting after clause (v), the following: (vi) in addition to the contribution amounts under clauses (iii), (iv), and (v), each issuer’s contribution amount— (I) shall reflect its proportionate share of an additional $20,300,000 for operational expenses for reinsurance payments for calendar year 2014 and for reinsurance collections for calendar year 2018; (II) shall reflect its proportionate share of operational expenses for reinsurance payments for calendar year 2015 and for reinsurance collections for calendar year 2019; and (III) shall reflect its proportionate share of operational expenses for reinsurance payments for calendar year 2016 and for reinsurance collections for calendar year 2020; and (vii) collection of the contribution amounts provided for in clauses (ii) through (vi) shall be initiated— (I) for calendar year 2014, not earlier than January 1, 2018; (II) for calendar year 2015, not earlier than January 1, 2019; and (III) for calendar year 2016, not earlier than January 1, 2020. ; (4) in paragraph (4)— (A) in subparagraph (A)— (i) by striking contribution amounts collected for any calendar year and inserting amount provided under paragraph (5) for reinsurance payments described in paragraph (1)(C) ; and (ii) by striking ; and and inserting a period; (B) by striking subparagraph (B); (C) by striking that— and all that follows through the contribution in subparagraph (A) and inserting that the contribution ; and (D) in the flush matter at the end, by striking paragraph (3)(B)(iv) and inserting the following: paragraph (3)(B)(v) and any amounts collected under clause (ii) of paragraph (3)(B) that, when combined with the funding provided for under paragraph (5), exceed the aggregate amount permitted for making the reinsurance payments described in paragraph (1)(C) and to fund the operational expenses of applicable reinsurance entities, ; and (5) by adding at the end the following: (5) Funding To carry out this section, there is appropriated, out of any money in the Treasury not otherwise appropriated, an amount equal to the aggregate amount to be collected for plan years beginning in 2014 set forth in paragraph (3)(B)(iv) for reinsurance payments described in paragraph (1)(C), and an amount equal to the contribution amounts set forth in paragraph (3)(B)(vi) to fund operational expenses of applicable reinsurance entities. . (b) Rule of construction Nothing in the amendments made by this section shall be construed to increase the amount of payments to be collected under subsection (b)(1)(A) or to decrease the amount of the reinsurance payments to be made under subsection (b)(1)(C) of section 1341 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18061 ). (c) Medical loss ratio The Secretary of Health and Human Services shall promulgate regulations or guidance to ensure that health insurance issuers reflect changes made in section 1341 of the Patient Protection and Affordable Care Act with section 2718 of the Public Health Service Act ( 42 U.S.C. 300gg–18 ) and sections 1342 and 1312(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18063 and 18032(c)).
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113-hr-4736
I 113th CONGRESS 2d Session H. R. 4736 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Nolan (for himself, Mr. Welch , Mr. Peterson , Mr. Walz , Mr. Petri , Mr. Ellison , Ms. McCollum , and Mr. Paulsen ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To revise the authorized route of the North Country National Scenic Trail in northeastern Minnesota and to extend the trail into Vermont to connect with the Appalachian National Scenic Trail, and for other purposes. 1. Short title This Act may be cited as the North Country National Scenic Trail Route Adjustment Act . 2. Route adjustment Section 5(a)(8) of the National Trails System Act ( 16 U.S.C. 1244(a)(8) ) is amended in the first sentence— (1) by striking thirty two hundred miles, extending from eastern New York State and inserting 4,600 miles, extending from the Appalachian Trail in Vermont ; and (2) by striking Proposed North Country Trail and all that follows through June 1975. and inserting North Country National Scenic Trail, Authorized Route dated February 2014, and numbered 649/116870. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4736ih/xml/BILLS-113hr4736ih.xml
113-hr-4737
I 113th CONGRESS 2d Session H. R. 4737 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Palazzo introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to grant to States on the Gulf of Mexico jurisdiction over fisheries out to 9 nautical miles from shore, and for other purposes. 1. Short title This Act may be cited as the State Fisheries Act of 2014 . 2. State jurisdiction over fisheries in the Gulf of Mexico Section 306(b) ( 16 U.S.C. 1856(b) ) is amended by adding at the end the following: (3) Notwithstanding section 3(11) and subsection (a) of this section, for purposes of managing fisheries in the Gulf of Mexico, the seaward boundary of a coastal State in the Gulf of Mexico is a line 9 nautical miles seaward from the baseline from which the territorial sea of the United States is measured. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4737ih/xml/BILLS-113hr4737ih.xml
113-hr-4738
I 113th CONGRESS 2d Session H. R. 4738 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Payne introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To ensure the safety of DOT–111 tank cars by improving standards for new tank cars and upgrading existing tank cars, and for other purposes. 1. Short title This Act may be cited as the Tank Car Safety Act of 2014 . 2. DOT–111 tank car improvements (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall revise regulations regarding DOT–111 tank cars to— (1) improve such tank car design standards for new cars to include an outer steel jacket around the tank car and thermal protection, full-height head shields and high-flow capacity pressure relief valves; and (2) require additional safety upgrades to tank cars built after October 2011 by including installation of high-flow-capacity relief valves and design modifications to prevent bottom outlets from opening in the case of an accident. (b) Phase out plan Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit a plan to the appropriate committees of Congress to phase out, on an aggressive basis, older-model DOT–111 tank cars used to move flammable liquids that are not retrofitted to meet new Federal requirements established under this section.
https://www.govinfo.gov/content/pkg/BILLS-113hr4738ih/xml/BILLS-113hr4738ih.xml
113-hr-4739
I 113th CONGRESS 2d Session H. R. 4739 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Reed (for himself and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide assistance to communities affected by total maximum daily loads established by the Administrator of the Environmental Protection Agency, and for other purposes. 1. Short title This Act may be cited as the Impaired Waters Improvement Act . 2. Definitions In this Act, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Covered TMDL The term covered TMDL means a total maximum daily load for nitrogen, phosphorus, or sediment established under section 303(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1313(d) ). (3) Covered TMDL jurisdiction (A) In general The term covered TMDL jurisdiction means a geographic area that is subject to a covered TMDL. (B) Inclusion of Chesapeake Bay The term covered TMDL jurisdiction includes the geographic area subject to total maximum daily load for pollutants for the Chesapeake Bay and its tidal tributaries established by the Administrator on December 29, 2010, and noticed at 76 Fed. Reg. 549 (January 5, 2011). (4) Publicly owned stormwater management practices The term publicly owned stormwater management practices means techniques for managing and treating rainwater runoff that are the responsibility of the public sector, including, and by order of preference, practices which— (A) utilize or mimic natural infiltration of rainwater into the ground; (B) hold and treat runoff by allowing plant materials to take up pollutants; and (C) capture runoff and hold it for a period of time sufficient to allow pollutants to settle out or evaporate, and which substantially reduce the volume of runoff in local waters during peak runoff periods. (5) Treatment works The term treatment works has the meaning given the term in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ). 3. Grants to assist covered TMDL jurisdictions (a) In general The Administrator of the Environmental Protection Agency may make grants to the owner or operator of— (1) a publicly owned treatment works serving a covered TMDL jurisdiction; (2) publicly owned storm water management practices serving a covered TMDL jurisdiction; or (3) a privately owned farm implementing methods to reduce discharges of nitrogen, phosphorus, or sediment in a covered TMDL jurisdiction. (b) Applications (1) In general To be eligible for a grant under this section, an owner or operator referred to in subsection (a) shall submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require. (2) Required information The application, at a minimum, shall contain a description of how the amounts of the grant will be used to assist the applicant in meeting a covered TMDL. (c) Award of grants (1) In general Subject to paragraph (2), the Administrator shall award grants to applicants under this section on a competitive basis. (2) Considerations In awarding grants to applicants under this section, the Administrator shall consider— (A) the demonstrated need of the applicant for the grant; and (B) with respect to the project to be funded using the grant— (i) the effectiveness of any technologies that will be used; (ii) the ecological sensitivity of the geographic area involved; and (iii) whether the use of existing facilities, if any, will be maximized. (d) Use of grants (1) In general A recipient of a grant under this section shall use the amounts of the grant to implement methods to reduce discharges of nitrogen, phosphorus, and sediment— (A) using proven technology and practices; or (B) using an innovative practice, subject to a determination by the Administrator that the innovative practice is reasonably expected to reduce the discharges. (2) Grants to farms (A) Engineering or consultation work for water storage projects In the case of a grant made to an owner or operator referred to in subsection (a)(3), amounts of the grant may be used for engineering or consultation work in designing a water storage project if— (i) the project complies with the limitation in paragraph (3); and (ii) the project is completed within 5 years of the date of receipt of the grant. (B) Repayment of certain grant amounts The Administrator shall require repayment of a grant made to carry out a project described in subparagraph (A) if the project is not completed within 5 years of the date of receipt of the grant. (3) Limitation A recipient of a grant under this section may not use the amounts of the grant— (A) to pay the salary of any individual who is employed by the recipient as of the date of receipt of the grant; or (B) to pay the salary of any individual hired by the recipient after that date unless— (i) the individual is an expert in the field of reducing discharges from treatment works; and (ii) the recipient can demonstrate, to the satisfaction of the Administrator, that the individual will assist in meeting a covered TMDL. (e) Grant amount The Administrator may not make grants under this section to a grant recipient in an amount that exceeds $2,000,000 in a fiscal year. (f) Federal share The Federal share of the cost of a program or activity carried out using amounts from a grant received under this section may not exceed two-thirds of the cost of the program or activity. 4. Impaired Waters Improvement Fund (a) Increase in civil penalties (1) In general The Administrator shall prescribe by regulation an increase in the amount of a civil penalty assessed for a violation of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (2) Amount of increase The amount of the increase shall be 5 percent of the civil penalty amount determined under that Act for the violation. (3) Applicability The regulations shall apply the increased civil penalty amount only to violations occurring after the date of enactment of this Act. (b) Establishment of Impaired Waters Improvement Fund (1) In general There is established in the Treasury of the United States a trust fund to be known as the Impaired Waters Improvement Fund. (2) Transfer to fund There are hereby appropriated to the Impaired Waters Improvement Fund for each of fiscal years 2015 through 2019 amounts equivalent to amounts received in the Treasury that are attributable to increases in civil penalty amounts assessed pursuant to subsection (a) or $100,000,000, whichever is less. (3) Expenditures Amounts in the Impaired Waters Improvement Fund shall be available, as provided in appropriations Acts, for making expenditures to carry out section 3.
https://www.govinfo.gov/content/pkg/BILLS-113hr4739ih/xml/BILLS-113hr4739ih.xml
113-hr-4740
I 113th CONGRESS 2d Session H. R. 4740 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Reed (for himself, Mr. Pascrell , Mr. Nunes , and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify the depreciation recovery period for energy-efficient cool roof systems. 1. Short title This Act may be cited as the Roofing Efficiency Jobs Act of 2014 . 2. Depreciation recovery period for certain roof systems (a) 20–Year recovery period (1) In general Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended to read as follows: (F) 20-year property The term 20-year property means— (i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and (ii) any qualified energy-efficient cool roof replacement property. . (2) Qualified energy-efficient cool roof replacement property Section 168(e) of such Code is amended by adding at the end the following new paragraph: (9) Qualified energy-efficient cool roof replacement property (A) In general The term qualified energy-efficient cool roof replacement property means any roof system— (i) which is placed in service— (I) above conditioned or semiheated space on an eligible commercial building, and (II) after the date of the enactment of this paragraph, (ii) which replaces an existing roof system, (iii) which is a low-slope roof (a slope equal to or less then 2:12), (iv) which includes— (I) insulation which meets or exceeds the minimum prescriptive requirements in tables A–1 to A–9 in the Normative Appendix A of ASHRAE Standard 189.1–2011, and (II) in the case of an eligible commercial building located in a climate zone other than climate zone 6, 7, or 8 (as specified in ASHRAE Standard 189.1–2011), a primary roof covering which has a cool roof surface. (B) Cool roof surface The term cool roof surface means a roof the exterior surface of which— (i) has a 3-year-aged solar reflectance of at least 0.55 and a 3-year-aged thermal emittance of at least 0.75, as determined in accordance with the Cool Roof Rating Council CRRC–1 Product Rating Program, or (ii) has a 3-year-aged solar reflectance index (SRI) of at least 64, as determined in accordance with ASTM Standard E1980, determined— (I) using a medium-wind-speed convection coefficient of 12 W/m 2 ·K, and (II) using the values for 3-year-aged solar reflectance and 3-year-aged thermal emittance determined in accordance with the Cool Roof Rating Council CRRC–1 Product Rating Program. (C) Roof system The term roof system means a system of roof components, including roof insulation and a membrane or primary roof covering, but not including the roof deck, designed to weather-proof and improve the thermal resistance of a building. (D) Commercial building The term commercial building means any building which— (i) is within the scope of ASHRAE Standard 90.1–2010, (ii) is located in the United States, (iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and (iv) was placed in service prior to the roof system replacement. (E) ASHRAE The term ASHRAE means the American Society of Heating, Refrigerating and Air-Conditioning Engineers. . (b) Requirement To use straight line method Paragraph (3) of section 168(b) of such Code is amended by adding at the end the following new subparagraph: (J) Any qualified energy-efficient cool roof replacement property. . (c) Alternative system The table contained in section 168(g)(3)(B) of such Code is amended by striking the last item and inserting the following new items: (F)(i) 25 (F)(ii) 27.5. . (d) Depreciation rules for certain qualified energy-Efficient cool roof replacement property for purposes of computing the earnings and profits of a real estate investment trust (1) In general Paragraph (3) of section 312(k) of such Code is amended by adding at the end the following new subparagraph: (C) Treatment of qualified energy efficient cool roof replacement property In the case of any qualified energy-efficient cool roof replacement property (within the meaning of section 168(e)(9)), the adjustment for depreciation to earnings and profits of a real estate investment trust for any taxable year shall be determined under the alternative depreciation method (within the meaning of section 168(g)(2)), except that the recovery period shall be 20 years. . (2) Conforming amendment Subparagraph (A) of section 312(k)(3) of such Code is amended by striking subparagraph (B), and inserting subparagraphs (B) and (C), . (e) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
https://www.govinfo.gov/content/pkg/BILLS-113hr4740ih/xml/BILLS-113hr4740ih.xml
113-hr-4741
I 113th CONGRESS 2d Session H. R. 4741 IN THE HOUSE OF REPRESENTATIVES May 22, 2014 Mr. Tierney introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for an increase in the amount of monthly dependency and indemnity compensation payable to surviving spouses by the Secretary of Veterans Affairs. 1. Short title This Act may be cited as the Surviving Spouses’ Benefit Improvement Act of 2014 . 2. Increase in amount of dependency and indemnity compensation payable to surviving spouses by the Secretary of Veterans Affairs (a) Increase Section 1311 of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking of $1,154 and inserting equal to 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title ; and (B) in paragraph (3)— (i) by amending the table preceding the matter in footnotes 1 and 2 to read as follows: Pay grade Monthly rate Pay grade Monthly rate E–1 $1,572.03 W–4 $1,651.78 E–2 $1,572.03 O–1 $1,572.03 E–3 $1,572.03 O–2 $1,572.03 E–4 $1,572.03 O–3 $1,611.98 E–5 $1,572.03 O–4 $1,708.61 E–6 $1,572.03 O–5 $1,880.27 E–7 $1,572.03 O–6 $2,120.13 E–8 $1,572.03 O–7 $2,288.38 E–9 $1,573.33 1 O–8 $2,513.46 W–1 $1,572.03 O–9 $2,688.53 W–2 $1,572.03 O–10 $2,948.86 2 W–3 $1,572.03 ; (ii) in footnote 1, by striking $1,419 and inserting $1,698.38 ; and (iii) in footnote 2, by striking $2,643 and inserting 3,164.85 ; and (2) by adding at the end the following new subsection: (g) In the case of an individual who is eligible for dependency and indemnity compensation under this section who is also eligible for benefits under another provision of law by reason of such individual’s status as the surviving spouse of a veteran, then, notwithstanding any other provision of law (other than section 5304(b)(3) of this title), neither a reduction nor an offset in benefits under such provision shall be made by reason of such individual’s eligibility for benefits under this section. . (b) Effective date The amendments made by subsection (a) shall apply with respect to compensation paid under chapter 13 of title 38, United States Code, for months beginning after the date that is six months after the date of the enactment of this Act.
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113-hr-4742
I 113th CONGRESS 2d Session H. R. 4742 IN THE HOUSE OF REPRESENTATIVES May 23, 2014 Mr. Hastings of Washington introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes. 1. Short title This Act may be cited as the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act . 2. Table of contents The table of contents for this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Amendments to the Magnuson-Stevens Fishery Conservation and Management Act Sec. 101. Definitions. Sec. 102. References. Sec. 103. Flexibility in rebuilding fish stocks. Sec. 104. Modifications to the annual catch limit requirement. Sec. 105. Distinguishing between overfished and depleted. Sec. 106. Transparency and public process. Sec. 107. Limitation on future catch share programs. Sec. 108. Report on fee. Sec. 109. Data collection and data confidentiality. Sec. 110. Cooperative research and management program. Sec. 111. Council jurisdiction for overlapping fisheries. Sec. 112. Gulf of Mexico fisheries cooperative research and red snapper management. Sec. 113. North Pacific fishery management clarification. Sec. 114. Ensuring consistent management for fisheries throughout their range. Sec. 115. Limitation on harvest in North Pacific directed pollock fishery. Sec. 116. Authorization of appropriations. Title II—Revitalizing the Economy of Fisheries in the Pacific Sec. 201. Short title. Sec. 202. Findings; purpose. Sec. 203. Refinancing of Pacific Coast groundfish fishing capacity reduction loan. I Amendments to the Magnuson-Stevens Fishery Conservation and Management Act 101. Definitions Any term used in this title that is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ) shall have the same meaning such term has under that section. 102. References Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 103. Flexibility in rebuilding fish stocks (a) General requirements Section 304(e) ( 16 U.S.C. 1854(e) ) is amended— (1) in paragraph (4)— (A) in subparagraph (A)(i), by striking possible and inserting practicable ; (B) by amending subparagraph (A)(ii) to read as follows: (ii) may not exceed the time the stock would be rebuilt without fishing occurring plus one mean generation, except in a case in which— (I) the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise; (II) the Secretary determines that the cause of the stock being depleted is outside the jurisdiction of the Council or the rebuilding program cannot be effective only by limiting fishing activities; (III) the Secretary determines that one or more components of a mixed-stock fishery is depleted but cannot be rebuilt within that time- frame without significant economic harm to the fishery, or cannot be rebuilt without causing another component of the mixed-stock fishery to approach a depleted status; (IV) the Secretary determines that recruitment, distribution, or life history of, or fishing activities for, the stock are affected by informal transboundary agreements under which management activities outside the exclusive economic zone by another country may hinder conservation and management efforts by United States fishermen; and (V) the Secretary determines that the stock has been affected by unusual events that make rebuilding within the specified time period improbable without significant economic harm to fishing communities; ; (C) by striking and after the semicolon at the end of subparagraph (B), by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), and by inserting after subparagraph (A) the following: (B) take into account environmental condition including predator/prey relationships; ; and (D) by striking the period at the end of subparagraph (D) (as so redesignated) and inserting ; and , and by adding at the end the following: (E) specify a schedule for reviewing the rebuilding targets, evaluating environmental impacts on rebuilding progress, and evaluating progress being made toward reaching rebuilding targets. ; and (2) by adding at the end the following: (8) A fishery management plan, plan amendment, or proposed regulations may use alternative rebuilding strategies, including harvest control rules and fishing mortality-rate targets to the extent they are in compliance with the requirements of this Act. (9) A Council may terminate the application of paragraph (3) to a fishery if the Council’s scientific and statistical committee determines and the Secretary concurs that the original determination that the fishery was depleted was erroneous, either— (A) within the 2-year period beginning on the effective date a fishery management plan, plan amendment, or proposed regulation for a fishery under this subsection takes effect; or (B) within 90 days after the completion of the next stock assessment after such determination. . (b) Emergency regulations and interim measures Section 305(c)(3)(B) ( 16 U.S.C. 1855(c)(3)(B) ) is amended by striking 180 days after and all that follows through provided and inserting 1 year after the date of publication, and may be extended by publication in the Federal Register for one additional period of not more than 1 year, if . 104. Modifications to the annual catch limit requirement Section 302 ( 16 U.S.C. 1852 ) is amended by adding at the end the following: (m) Considerations for modifications to annual catch limit requirements (1) Consideration of ecosystem and economic impacts In establishing annual catch limits a Council may, consistent with section 302(h)(6), consider changes in an ecosystem and the economic needs of the fishing communities. (2) Limitations to annual catch limit requirement for special fisheries Notwithstanding subsection (h)(6), a Council is not required to develop an annual catch limit for— (A) an ecosystem component species; (B) a fishery for a species that has a life cycle of approximately 1 year, unless the Secretary has determined the fishery is subject to overfishing; or (C) a stock for which— (i) more than half of a single-year class will complete their life cycle in less than 18 months; and (ii) fishing mortality will have little impact on the stock. (3) Relationship to international fishery efforts Each annual catch limit may, consistent with section 302(h)(6), take into account— (A) management measures under international agreements in which the United States participates; and (B) informal transboundary agreements under which fishery management activities by another country outside the exclusive economic zone may hinder conservation efforts by United States fishermen for a fish species for which any of the recruitment, distribution, life history, or fishing activities are transboundary. (4) Authorization for multispecies complexes and multiyear annual catch limits For purposes of subsection (h)(6), a Council may establish— (A) an annual catch limit for a stock complex; or (B) annual catch limits for each year in any continuous period that is not more than three years in duration. (5) Ecosystem component species defined In this subsection the term ecosystem component species means a stock of fish that is a nontarget, incidentally harvested stock of fish in a fishery, or a nontarget, incidentally harvested stock of fish that a Council or the Secretary has determined— (A) is not subject to overfishing, approaching a depleted condition or depleted; and (B) is not likely to become subject to overfishing or depleted in the absence of conservation and management measures. . 105. Distinguishing between overfished and depleted (a) Definitions Section 3 ( 16 U.S.C. 1802 ) is amended— (1) in paragraph (34), by striking and overfished mean and inserting means ; and (2) by inserting after paragraph (8) the following: (8a) The term ‘depleted' means, with respect to a stock of fish or stock complex, that the stock or stock complex has a biomass that has declined below a level that jeopardizes the capacity of the stock or stock complex to produce maximum sustainable yield on a continuing basis. . (b) Substitution of term The Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) is amended by striking overfished each place it appears and inserting depleted . (c) Clarity in annual report Section 304(e)(1) ( 16 U.S.C. 1854(e)(1) ) is amended by adding at the end the following: The report shall distinguish between fisheries that are depleted (or approaching that condition) as a result of fishing and fisheries that are depleted (or approaching that condition) as a result of factors other than fishing. The report shall state, for each fishery identified as depleted or approaching that condition, whether the fishery is the target of directed fishing. . 106. Transparency and public process (a) Advice Section 302(g)(1)(B) ( 16 U.S.C. 1852(g)(1)(B) ) is amended by adding at the end the following: Each scientific and statistical committee shall develop such advice in a transparent manner and allow for public involvement in the process. . (b) Meetings Section 302(i)(2) ( 16 U.S.C. 1852(i)(2) ) is amended by adding at the end the following: (G) Each Council shall make available on the Internet Web site of the Council— (i) to the extent practicable, a Webcast, an audio recording, or a live broadcast of each meeting of the Council, and of the Council Coordination Committee established under subsection (l), that is not closed in accordance with paragraph (3); and (ii) audio, video (if the meeting was in person or by video conference), or a searchable audio or written transcript of each meeting of the Council and of the meetings of committees referred to in section 302(g)(1)(B) of the Council by not later than 30 days after the conclusion of the meeting. (H) The Secretary shall maintain and make available to the public an archive of Council and scientific and statistical committee meeting audios, videos, and transcripts made available under clauses (i) and (ii) subparagraph (G). . (c) Fishery impact statements (1) Requirement Section 303 ( 16 U.S.C. 1853 ) is amended— (A) in subsection (a), by striking paragraph (9) and redesignating paragraphs (10) through (15) as paragraphs (9) through (14), respectively; and (B) by adding at the end the following: (d) Fishery impact statement (1) Any fishery management plan (or fishery management plan amendment) prepared by any Council or by the Secretary pursuant to subsection (a) or (b), or proposed regulations deemed necessary pursuant to subsection (c), shall include a fishery impact statement which shall assess, specify and analyze the likely effects and impact of the proposed action on the quality of the human environment. (2) The fishery impact statement shall describe— (A) a purpose of the proposed action; (B) the environmental impact of the proposed action; (C) any adverse environmental effects which cannot be avoided should the proposed action be implemented; (D) a reasonable range of alternatives to the proposed action; (E) the relationship between short-term use of fishery resources and the enhancement of long-term productivity; (F) the cumulative conservation and management effects; and (G) economic, and social impacts of the proposed action on— (i) participants in the fisheries and fishing communities affected by the proposed action; (ii) participants in the fisheries conducted in adjacent areas under the authority of another Council, after consultation with such Council and representatives of those participants; and (iii) the safety of human life at sea, including whether and to what extent such measures may affect the safety of participants in the fishery. (3) A substantially complete fishery impact statement, which may be in draft form, shall be available not less than 14 days before the beginning of the meeting at which a Council makes its final decision on the proposal (for plans, plan amendments, or proposed regulations prepared by a Council pursuant to subsection (a) or (c)). Availability of this fishery impact statement will be announced by the methods used by the council to disseminate public information and the public and relevant government agencies will be invited to comment on the fishery impact statement. (4) The completed fishery impact statement shall accompany the transmittal of a fishery management plan or plan amendment as specified in section 304(a), as well as the transmittal of proposed regulations as specified in section 304(b). (5) The Councils shall, subject to approval by the Secretary, establish criteria to determine actions or classes of action of minor significance regarding subparagraphs (A), (B), (D), (E), and (F) of paragraph (2), for which preparation of a fishery impact statement is unnecessary and categorically excluded from the requirements of this section, and the documentation required to establish the exclusion. (6) The Councils shall, subject to approval by the Secretary, prepare procedures for compliance with this section that provide for timely, clear, and concise analysis that is useful to decisionmakers and the public, reduce extraneous paperwork and effectively involve the public, including— (A) using Council meetings to determine the scope of issues to be addressed and identifying significant issues related to the proposed action; (B) integration of the fishery impact statement development process with preliminary and final Council decisionmaking in a manner that provides opportunity for comment from the public and relevant government agencies prior to these decision points; and (C) providing scientific, technical, and legal advice at an early stage of the development of the fishery impact statement to ensure timely transmittal and Secretarial review of the proposed fishery management plan, plan amendment, or regulations to the Secretary. (7) Actions taken in accordance with the procedures of this section shall constitute fulfillment of the requirements the National Environmental Policy Improvement Act of 1970 (42 U.S.C. 4371 et seq.) and all related implementing regulations. . (2) Evaluation of adequacy Section 304(a)(2) ( 16 U.S.C. 1854(a)(2) ) is amended by striking and after the semicolon at the end of subparagraph (B), striking the period at the end of subparagraph (C) and inserting ; and , and by adding at the end the following: (D) evaluate the adequacy of the accompanying fishery impact statement as basis for fully considering the environmental impacts of implementing the fishery management plan or plan amendment. . (3) Review of regulations Section 304(b) ( 16 U.S.C. 1854(b) ) is amended by striking so much as precedes subparagraph (A) of paragraph (1) and inserting the following: (b) Review of regulations (1) Upon transmittal by the Council to the Secretary of proposed regulations prepared under section 303(c), the Secretary shall immediately initiate an evaluation of the proposed regulations to determine whether they are consistent with the fishery management plan, plan amendment, this Act and other applicable law. The Secretary shall also immediately initiate an evaluation of the accompanying fishery impact statement as a basis for fully considering the environmental impacts of implementing the proposed regulations. Within 15 days of initiating such evaluation the Secretary shall make a determination and— . (4) Effect on time requirements Section 305(e) ( 16 U.S.C. 1855(e) ) is amended by inserting the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), after the Regulatory Flexibility Act ( 5 U.S.C. 601 et seq. ) . 107. Limitation on future catch share programs (a) Catch share defined Section 3 ( 16 U.S.C. 1802 ) is amended by inserting after paragraph (2) the following: (2a) The term catch share means any fishery management program that allocates a specific percentage of the total allowable catch for a fishery, or a specific fishing area, to an individual, cooperative, community, processor, representative of a commercial sector, or regional fishery association established in accordance with section 303A(c)(4), or other entity. . (b) Catch share referendum pilot program (1) In general Section 303A(c)(6)(D) ( 16 U.S.C. 1853a(c)(6)(D) ) is amended to read as follows: (D) Catch share referendum pilot program (i) The New England, Mid-Atlantic, South Atlantic, and Gulf of Mexico Councils may not submit a fishery management plan or amendment that creates a catch share program for a fishery, and the Secretary may not approve or implement such a plan or amendment submitted by such a Council or a secretarial plan or amendment under section 304(c) that creates such a program, unless the final program has been approved, in a referendum in accordance with this subparagraph, by a majority of the permit holders eligible to participate in the fishery. For multispecies permits in the Gulf of Mexico, any permit holder with landings from within the sector of the fishery being considered for the catch share program within the 5-year period preceding the date of the referendum and still active in fishing in the fishery shall be eligible to participate in such a referendum. If a catch share program is not approved by the requisite number of permit holders, it may be revised and submitted for approval in a subsequent referendum. (ii) The Secretary may, at the request of the New England Fishery Management Council, allow participation in such a referendum for a fishery under the Council’s authority, by fishing vessel crewmembers who derive a significant portion of their livelihood from such fishing. (iii) The Secretary shall conduct a referendum under this subparagraph, including notifying all permit holders eligible to participate in the referendum and making available to them— (I) a copy of the proposed program; (II) an estimate of the costs of the program, including costs to participants; (III) an estimate of the amount of fish or percentage of quota each permit holder would be allocated; and (IV) information concerning the schedule, procedures, and eligibility requirements for the referendum process. (iv) For the purposes of this subparagraph, the term permit holder eligible to participate only includes the holder of a permit for a fishery under which fishing has occurred in 3 of the 5 years preceding a referendum for the fishery, unless sickness, injury, or other unavoidable hardship prevented the permit holder from engaging in such fishing. (v) The Secretary may not implement any catch share program for any fishery managed exclusively by the Secretary unless first petitioned by a majority of those permit holders eligible to participate in the fishery. . (2) Limitation on application The amendment made by paragraph (1) shall not apply to a catch share program that is submitted to, or proposed by, the Secretary of Commerce before the date of enactment of this Act. (3) Regulations Before conducting a referendum under the amendment made by paragraph (1), the Secretary of Commerce shall issue regulations implementing such amendment after providing an opportunity for submission by the public of comments on the regulations. 108. Report on fee Section 304(d)(2) ( 16 U.S.C. 1854(d)(2) ) is amended by adding at the end the following: (D) The Secretary shall report annually on the amount collected under this paragraph from each fishery and detail how the funds were spent in the prior year on a fishery-by-fishery basis, to— (i) Congress; and (ii) each Council from whose fisheries the fee under this paragraph were collected. . 109. Data collection and data confidentiality (a) Electronic monitoring (1) Issuance of regulations (A) Requirement The Secretary shall issue regulations governing the use of electronic monitoring for the purposes of monitoring fisheries that are subject to the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). (B) Content The regulations shall— (i) distinguish between monitoring for data collection and research purposes and monitoring for compliance and enforcement purposes; and (ii) include minimum criteria, objectives, or performance standards for electronic monitoring. (C) Process In issuing the regulations the Secretary shall— (i) consult with the Councils and fishery management commissions; (ii) publish the proposed regulations; and (iii) provide an opportunity for the submission by the public of comments on the proposed regulations. (2) Implementation of monitoring (A) In general Subject to subparagraph (B), and after the issuance of the final regulations, a Council, or the Secretary for fisheries referred to in section 302(a)(3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)(3)), may, in accordance with the regulations, on a fishery-by-fishery basis and consistent with the existing objectives and management goals of a fishery management plan and the Act for a fishery issued by the Council or the Secretary, respectively, amend such plan— (i) to incorporate electronic monitoring as an alternative tool for data collection and monitoring purposes or for compliance and enforcement purposes (or both); and (ii) to allow for the replacement of a percentage of on-board observers with electronic monitoring. (B) Comparability Subparagraph (A) shall apply to a fishery only if the Council or Secretary, respectively, determines that such monitoring will yield comparable data collection and compliance results. (3) Pilot projects Before the issuance of final regulations, a Council, or the Secretary for fisheries referred to in section 302(a)(3), may, subject to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act, on a fishery-by-fishery basis, and consistent with the existing objectives and management goals of a fishery management plan for a fishery issued by the Council or the Secretary, respectively, conduct a pilot project for the use of electronic monitoring for the fishery. (4) Deadline The Secretary shall issue final regulations under this subsection by not later than 12 months after the date of enactment of this Act. (b) Video and acoustic survey technologies The Secretary shall work with the Regional Fishery Management Councils and nongovernmental entities to develop and implement the use pursuant to the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) of video survey technologies and expanded use of acoustic survey technologies. (c) Confidentiality of information (1) In general Section 402(b) ( 16 U.S.C. 1881a(b) ) is amended— (A) in paragraph (1)— (i) by amending subparagraph (B) to read as follows: (B) to State or Marine Fisheries Commission employees as necessary for achievement of the purposes of this Act, subject to a confidentiality agreement between the State or Commission, respectively, and the Secretary that prohibits public disclosure of the identity of any person and of confidential information; ; (ii) in subparagraph (E), by striking limited access and inserting catch share ; and (iii) in subparagraph (G), by striking limited access and inserting catch share ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting , and information obtained through a vessel monitoring system or other technology used onboard a fishing vessel for enforcement or data collection purposes, after information; ; (ii) by striking or after the semicolon at the end of subparagraph (B); and (iii) by striking subparagraph (C) and inserting the following: (C) as authorized by any regulations issued under paragraph (6) allowing the collection of observer information, pursuant to a confidentiality agreement between the observers, observer employers, and the Secretary prohibiting disclosure of the information by the observers or observer employers, in order— (i) to allow the sharing of observer information among observers and between observers and observer employers as necessary to train and prepare observers for deployments on specific vessels; or (ii) to validate the accuracy of the observer information collected; or (D) to other persons if the Secretary has obtained written authorization from the person who submitted such information or from the person on whose vessel the information was collected, to release such information for reasons not otherwise provided for in this subsection. ; (C) by redesignating and moving paragraph (3) to be paragraph (6); and (D) by striking paragraphs (4) and (5) and inserting the following: (3) Any information submitted to the Secretary, a State fisheries management agency, or a Marine Fisheries Commission by any person in compliance with the requirements of this Act, including confidential information, may only be used for purposes of fisheries management and monitoring and enforcement under this Act. (4) The Secretary may enter into a memorandum of understanding with the heads of other Federal agencies for the sharing of confidential information to ensure safety of life at sea or for fisheries enforcement purposes, including information obtained through a vessel monitoring system or other electronic enforcement and monitoring systems, if— (A) the Secretary determines there is a compelling need to do so; and (B) the heads of the other Federal agencies agree— (i) to maintain the confidentiality of the information in accordance with the requirements that apply to the Secretary under this section; and (ii) to use the information only for the purposes for which it was shared with the agencies. (5) The Secretary may not provide any vessel-specific or aggregate vessel information from a fishery that is collected for monitoring and enforcement purposes to any person for the purposes of coastal and marine spatial planning under Executive Order 13547, unless the Secretary has obtained written authorization to release such information from the person on whose vessel the information was collected. . (2) confidential information defined Section 3 ( 16 U.S.C. 1802 ) is further amended by inserting after paragraph (4) the following: (4a) The term confidential information means— (A) trade secrets; (B) proprietary information; (C) observer information; and (D) commercial or financial information the disclosure of which is likely to result in harm to the competitive position of the person that submitted the information to the Secretary. . (d) Increased data collection and actions To address data-Poor fisheries Section 404 ( 16 U.S.C. 1881c ) is amended by adding at the end the following: (e) Use of the asset forfeiture fund for fishery independent data collection (1) In general (A) The Secretary, subject to appropriations, may obligate for data collection purposes in accordance with prioritizations under paragraph (3) a portion of amounts received by the United States as fisheries enforcement penalties. (B) Amounts may be obligated under this paragraph only in the fishery management region with respect to which they are collected. (2) Included purposes The purposes referred to in paragraph (1) include— (A) the use of State personnel and resources, including fishery survey vessels owned and maintained by States to survey or assess data-poor fisheries for which fishery management plans are in effect under this Act; and (B) cooperative research activities authorized under section 318 to improve or enhance the fishery independent data used in fishery stock assessments. (3) Data-poor fisheries priority lists Each Council shall— (A) identify those fisheries in its region considered to be data-poor fisheries; (B) prioritize those fisheries based on the need of each fishery for up-to-date information; and (C) provide those priorities to the Secretary. (4) Definitions In this subsection: (A) The term data-poor fishery means a fishery— (i) that has not been surveyed in the preceding 5-year period; (ii) for which a fishery stock assessment has not been performed within the preceding 5-year period; or (iii) for which limited information on the status of the fishery is available for management purposes. (B) The term fisheries enforcement penalties means any fine or penalty imposed, or proceeds of any property seized, for a violation of this Act or of any other marine resource law enforced by the Secretary. (5) Authorization of Appropriations There is authorized to be appropriated to the Secretary for each fiscal year to carry out this subsection up to 80 percent of the fisheries enforcement penalties collected during the preceding fiscal year. . 110. Cooperative research and management program Section 318 ( 16 U.S.C. 1867 ) is amended— (1) in subsection (a), by inserting (1) before the first sentence, and by adding at the end the following: (2) Within one year after the date of enactment of the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, and after consultation with the Councils, the Secretary shall publish a plan for implementing and conducting the program established in paragraph (1). Such plan shall identify and describe critical regional fishery management and research needs, possible projects that may address those needs, and estimated costs for such projects. The plan shall be revised and updated every 5 years, and updated plans shall include a brief description of projects that were funded in the prior 5-year period and the research and management needs that were addressed by those projects. ; and (2) in subsection (c)— (A) in the heading, by striking Funding and inserting Priorities ; and (B) in paragraph (1), by striking all after including and inserting an em dash, followed on the next line by the following: (A) the use of fishing vessels or acoustic or other marine technology; (B) expanding the use of electronic catch reporting programs and technology; and (C) improving monitoring and observer coverage through the expanded use of electronic monitoring devices. . 111. Council jurisdiction for overlapping fisheries Section 302(a)(1) ( 16 U.S.C. 1852(a) ) is amended— (1) in subparagraph (A), in the second sentence— (A) by striking 18 and inserting 19 ; and (B) by inserting before the period at the end and a liaison who is a member of the Mid-Atlantic Fishery Management Council to represent the interests of fisheries under the jurisdiction of such Council ; and (2) in subparagraph (B), in the second sentence— (A) by striking 21 and inserting 22 ; and (B) by inserting before the period at the end and a liaison who is a member of the New England Fishery Management Council to represent the interests of fisheries under the jurisdiction of such Council . 112. Gulf of Mexico fisheries cooperative research and red snapper management (a) Repeal Section 407 ( 16 U.S.C. 1883 ), and the item relating to such section in the table of contents in the first section, are repealed. (b) Reporting and data collection program The Secretary of Commerce shall— (1) in conjunction with the States, the Gulf of Mexico Fishery Management Council, and the recreational fishing sectors, develop and implement a real-time reporting and data collection program for the Gulf of Mexico red snapper fishery using available technology; and (2) make implementation of this subsection a priority for funds received by the Secretary and allocated to this region under section 2 of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3 ). (c) Fisheries Cooperative research program The Secretary of Commerce— (1) shall, in conjunction with the States, the Gulf States Marine Fisheries Commission and the Atlantic States Marine Fisheries Commission, the Gulf of Mexico and South Atlantic Fishery Management Councils, and the commercial, charter, and recreational fishing sectors, develop and implement a cooperative research program authorized under section 318 for the fisheries of the Gulf of Mexico and South Atlantic regions, giving priority to those fisheries that are considered data-poor; and (2) may, subject to the availability of appropriations, use funds received by the Secretary under section 2 of the Act of August 11, 1939 (commonly known as the Saltonstall-Kennedy Act ) ( 15 U.S.C. 713c–3 ) to implement this subsection. (d) Stock surveys and stock assessments The Secretary of Commerce, acting through the National Marine Fisheries Service Regional Administrator of the Southeast Regional Office, shall for purposes of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)— (1) develop a schedule of stock surveys and stock assessments for the Gulf of Mexico Region and the South Atlantic Region for the 5-year period beginning on the date of the enactment of this Act and for every 5-year period thereafter; (2) direct the Southeast Science Center Director to implement such schedule; and (3) in such development and implementation— (A) give priority to those stocks that are commercially or recreationally important; and (B) ensure that each such important stock is surveyed at least every 5 years. (e) Use of fisheries information in stock assessments The Southeast Science Center Director shall ensure that fisheries information made available through fisheries programs funded under Public Law 112–141 is incorporated as soon as possible into any fisheries stock assessments conducted after the date of the enactment of this Act. (f) State fisheries management in the Gulf of Mexico with respect to red snapper Section 306(b) ( 16 U.S.C. 1856(b) ) is amended by adding at the end the following: (3) Notwithstanding section 3(11), for the purposes of managing the recreational sector of the Gulf of Mexico red snapper fishery, the seaward boundary of a coastal State in the Gulf of Mexico is a line 9 miles seaward from the baseline from which the territorial sea of the United States is measured. . 113. North Pacific fishery management clarification Section 306(a)(3)(C) ( 16 U.S.C. 1856(a)(3)(C) ) is amended— (1) by striking was no and inserting is no ; and (2) by striking on August 1, 1996 . 114. Ensuring consistent management for fisheries throughout their range (a) In general The Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) is amended by inserting after section 4 the following: 5. Ensuring consistent fisheries management under certain other Federal laws (a) National Marine Sanctuaries Act and Antiquities Act of 1906 In any case of a conflict between this Act and the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) or the Antiquities Act of 1906 ( 16 U.S.C. 431 et seq. ), this Act shall control. (b) Fisheries restrictions under Endangered Species Act of 1973 To ensure transparency and consistent management of fisheries throughout their range, any restriction on the management of fish in the exclusive economic zone that is necessary to implement a recovery plan under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) shall be implemented— (1) using authority under this Act; and (2) in accordance with processes and time schedules required under this Act. . (b) Clerical amendment The table of contents in the first section is amended by inserting after the item relating to section 4 the following: Sec. 5. Ensuring consistent fisheries management under other Federal laws. . 115. Limitation on harvest in North Pacific directed pollock fishery Section 210(e)(1) of the American Fisheries Act (title II of division C of Public Law 105–277 ; 16 U.S.C. 1851 note) is amended to read as follows: (1) Harvesting (A) Limitation No particular individual, corporation, or other entity may harvest, through a fishery cooperative or otherwise, a percentage of the pollock available to be harvested in the directed pollock fishery that exceeds the percentage established for purposes of this paragraph by the North Pacific Council. (B) Maximum percentage The percentage established by the North Pacific Council shall not exceed 24 percent of the pollock available to be harvested in the directed Pollock fishery. . 116. Authorization of appropriations Section 4 ( 16 U.S.C. 1803 ) is amended— (1) by striking this Act and all that follows through (7) and inserting this Act ; and (2) by striking fiscal year 2013 and inserting each of fiscal years 2014 through 2018 . II Revitalizing the Economy of Fisheries in the Pacific 201. Short title This title may be cited as the Revitalizing the Economy of Fisheries in the Pacific Act or the REFI Pacific Act . 202. Findings; purpose (a) Findings Congress makes the following findings: (1) In 2000, the Secretary of Commerce declared the West Coast groundfish fishery a Federal fisheries economic disaster due to low stock abundance, an overcapitalized fleet, and historically overfished stocks. (2) Section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108–7 ; 117 Stat. 80) was enacted to establish a Pacific Coast groundfish fishing capacity reduction program, also known as a buyback program, to remove excess fishing capacity. (3) In 2003, Congress authorized the $35,700,000 buyback loan, creating the Pacific Coast groundfish fishing capacity reduction program through the National Marine Fisheries Service fisheries finance program with a term of 30 years. The interest rate of the buyback loan was fixed at 6.97 percent and is paid back based on an ex-vessel fee landing rate not to exceed 5 percent for the loan. (4) The groundfish fishing capacity reduction program resulted in the removal of limited entry trawl Federal fishing permits from the fishery, representing approximately 46 percent of total landings at the time. (5) Because of an absence of a repayment mechanism, $4,243,730 in interest accrued before fee collection procedures were established in 2005, over 18 months after the groundfish fishing capacity reduction program was initiated. (6) In 2011, the West Coast groundfish fishery transitioned to an individual fishing quota fishery, which is a type of catch share program. (7) By 2015, West Coast groundfish fishermen’s expenses are expected to include fees of approximately $450 per day for observers, a 3-percent cost recovery fee as authorized by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801) for catch share programs, and a 5-percent ex-vessel landings rate for the loan repayment, which could reach 18 percent of their total gross revenue. (8) In 2012, the West Coast groundfish limited entry trawl fishery generated $63,000,000, an increase from an average of $45,000,000 during the years 2006 to 2011. This revenue is expected to continue to increase post-rationalization. (b) Purpose The purpose of this title is to refinance the Pacific Coast groundfish fishery fishing capacity reduction program to protect and conserve the West Coast groundfish fishery and the coastal economies in California, Oregon, and Washington that rely on it. 203. Refinancing of Pacific Coast groundfish fishing capacity reduction loan (a) In general The Secretary of Commerce, upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States, shall issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the West Coast groundfish fishery implemented under section 212 of the Department of Commerce and Related Agencies Appropriations Act, 2003 (title II of division B of Public Law 108–7 ; 117 Stat. 80). (b) Applicable law Except as otherwise provided in this section, the Secretary shall issue the loan under this section in accordance with subsections (b) through (e) of section 312 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a ) and sections 53702 and 53735 of title 46, United States Code. (c) Loan term (1) In general Notwithstanding section 53735(c)(4) of title 46, United States Code, a loan under this section shall have a maturity that expires at the end of the 45-year period beginning on the date of issuance of the loan. (2) Extension Notwithstanding paragraph (1) and if there is an outstanding balance on the loan after the period described in paragraph (1), a loan under this section shall have a maturity of 45 years or until the loan is repaid in full. (d) Limitation on fee amount Notwithstanding section 312(d)(2)(B) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861a(d)(2)(B) ), the fee established by the Secretary with respect to a loan under this section shall not exceed 3 percent of the ex-vessel value of the harvest from each fishery for where the loan is issued. (e) Interest rate (1) In general Notwithstanding section 53702(b)(2) of title 46, United States Code, the annual rate of interest an obligor shall pay on a direct loan obligation under this section is the percent the Secretary must pay as interest to borrow from the Treasury the funds to make the loan. (2) Subloans Each subloan under the loan authorized by this section— (A) shall receive the interest rate described in paragraph (1); and (B) may be paid off at any time notwithstanding subsection (c)(1). (f) Ex-Vessel landing fee (1) Calculations and accuracy The Secretary shall set the ex-vessel landing fee to be collected for payment of the loan under this section— (A) as low as possible, based on recent landings value in the fishery, to meet the requirements of loan repayment; (B) upon issuance of the loan in accordance with paragraph (2); and (C) on a regular interval not to exceed every 5 years beginning on the date of issuance of the loan. (2) Deadline for initial ex-vessel landings fee calculation Not later than 60 days after the date of issuance of the loan under this section, the Secretary shall recalculate the ex-vessel landing fee based on the most recent value of the fishery. (g) Authorization There is authorized to be appropriated to the Secretary of Commerce to carry out this section an amount equal to 1 percent of the amount of the loan authorized under this section for purposes of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
https://www.govinfo.gov/content/pkg/BILLS-113hr4742ih/xml/BILLS-113hr4742ih.xml
113-hr-4743
I 113th CONGRESS 2d Session H. R. 4743 IN THE HOUSE OF REPRESENTATIVES May 23, 2014 Mr. Larson of Connecticut (for himself and Mr. Neal ) 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 for an extension of bonus depreciation. 1. Short title This Act may be cited as the Bonus Depreciation Extension Act of 2014 . 2. Extension of bonus depreciation (a) In general Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended— (1) by striking January 1, 2015 in subparagraph (A)(iv) and inserting January 1, 2017 , and (2) by striking January 1, 2014 each place it appears and inserting January 1, 2016 . (b) Special rule for Federal long-Term contracts Clause (ii) of section 460(c)(6)(B) of such Code is amended by striking January 1, 2014 (January 1, 2015 and inserting January 1, 2016 (January 1, 2017 . (c) Expansion of election To accelerate AMT credits in lieu of bonus depreciation Section 168(k)(4) of such Code is amended to read as follows: (4) Election to accelerate amt credits in lieu of bonus depreciation (A) In general If a corporation elects to have this paragraph apply for any taxable year— (i) paragraphs (1) and (2)(F)(i) shall not apply for such taxable year, (ii) the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method, and (iii) the limitation imposed by section 53(c) for such taxable year shall be increased by the bonus depreciation amount which is determined for such taxable year under subparagraph (B). (B) Bonus depreciation amount For purposes of this paragraph— (i) In general The bonus depreciation amount for any taxable year is an amount equal to 20 percent of the excess (if any) of— (I) the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph (1) applied to all such property, over (II) the aggregate amount of depreciation which would be allowed under this section for qualified property placed in service by the taxpayer during such taxable year if paragraph (1) did not apply to any such property. The aggregate amounts determined under subclauses (I) and (II) shall be determined without regard to any election made under subsection (b)(2)(D), (b)(3)(D), or (g)(7) and without regard to subparagraph (A)(ii). (ii) Limitation The bonus depreciation amount for any taxable year shall not exceed the lesser of— (I) 50 percent of the minimum tax credit under section 53(b) for the first taxable year ending after December 31, 2013, or (II) the minimum tax credit under section 53(b) for such taxable year determined by taking into account only the adjusted minimum tax for taxable years ending before January 1, 2014 (determined by treating credits as allowed on a first-in, first-out basis). (iii) Aggregation rule All corporations which are treated as a single employer under section 52(a) shall be treated— (I) as 1 taxpayer for purposes of this paragraph, and (II) as having elected the application of this paragraph if any such corporation so elects. (C) Credit refundable For purposes of section 6401(b), the aggregate increase in the credits allowable under part IV of subchapter A for any taxable year resulting from the application of this paragraph shall be treated as allowed under subpart C of such part (and not any other subpart). (D) Other rules (i) Election Any election under this paragraph may be revoked only with the consent of the Secretary. (ii) Partnerships with electing partners In the case of a corporation which is a partner in a partnership and which makes an election under subparagraph (A) for the taxable year, for purposes of determining such corporation’s distributive share of partnership items under section 702 for such taxable year— (I) paragraphs (1)(A) and (2)(F)(i) shall not apply, and (II) the applicable depreciation method used under this section with respect to any qualified property shall be the straight line method. (iii) Certain partnerships In the case of a partnership in which more than 50 percent of the capital and profits interests are owned (directly or indirectly) at all times during the taxable year by 1 corporation (or by corporations treated as 1 taxpayer under subparagraph (B)(iii)), each partner shall compute its bonus depreciation amount under clause (i) of subparagraph (B) by taking into account its distributive share of the amounts determined by the partnership under subclauses (I) and (II) of such clause for the taxable year of the partnership ending with or within the taxable year of the partner. (iv) Special rule for passenger aircraft In the case of any passenger aircraft, the written binding contract limitation under paragraph (2)(A)(iii)(I) shall not apply for purposes of subparagraph (B)(i)(I). . (d) Conforming amendments (1) The heading for subsection (k) of section 168 of such Code is amended by striking January 1, 2014 and inserting January 1, 2016 . (2) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking pre-January 1, 2014 and inserting pre-January 1, 2016 . (3) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking January 1, 2014 and inserting January 1, 2016 . (4) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking January 1, 2014 and inserting January 1, 2016 . (5) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking January 1, 2014 and inserting January 1, 2016 . (e) Technical amendment relating to section 331 of the American Taxpayer Relief Act of 2012 Clause (iii) of section 168(k)(4)(J) of such Code is amended by striking any taxable year and inserting its first taxable year . (f) Effective dates (1) In general Except as otherwise provided in this subsection, the amendments made by this subsection shall apply to property placed in service after December 31, 2013. (2) Expansion of election to accelerate amt credits in lieu of bonus depreciation (A) In general The amendment made by subsection (c) (other than so much of such amendment as relates to section 168(k)(4)(D)(iii) of such Code, as added by such amendment) shall apply to taxable years ending after December 31, 2013. (B) Transitional rule In the case of a taxable year beginning before January 1, 2014, and ending after December 31, 2013, the bonus depreciation amount determined under section 168(k)(4) of such Code for such year shall be the sum of— (i) such amount determined without regard to the amendments made by this section and— (I) by taking into account only property placed in service before January 1, 2014, and (II) by multiplying the limitation under section 168(k)(4)(C)(ii) of such Code (determined without regard to the amendments made by this section) by a fraction the numerator of which is the number of days in the taxable year before January 1, 2014, and the denominator of which is the number of days in the taxable year, and (ii) such amount determined after taking into account the amendments made by this section and— (I) by taking into account only property placed in service after December 31, 2013, and (II) by multiplying the limitation under section 168(k)(4)(B)(ii) of such Code (as amended by this section) by a fraction the numerator of which is the number of days in the taxable year after December 31, 2013, and the denominator of which is the number of days in the taxable year. (3) Technical amendment The amendment made by subsection (e) shall take effect as if included in the provision of the American Taxpayer Relief Act of 2012 to which it relates.
https://www.govinfo.gov/content/pkg/BILLS-113hr4743ih/xml/BILLS-113hr4743ih.xml
113-hr-4744
I 113th CONGRESS 2d Session H. R. 4744 IN THE HOUSE OF REPRESENTATIVES May 23, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Agriculture A BILL To prohibit funding of the Rural Utilities Service High Energy Cost Grant Program. 1. Prohibition on funding of the Rural Utilities Service High Energy Cost Grant Program No funds available to the Department of Agriculture or any other department or agency may be used to provide funding directly or indirectly for grants under section 19(a)(1) of the Rural Electrification Act of 1936.
https://www.govinfo.gov/content/pkg/BILLS-113hr4744ih/xml/BILLS-113hr4744ih.xml
113-hr-4745
IB Union Calendar No. 344 113th CONGRESS 2d Session H. R. 4745 [Report No. 113–464] IN THE HOUSE OF REPRESENTATIVES May 27, 2014 Mr. Latham , from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2015, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2015, and for other purposes, namely: I Department of transportation Office of the secretary Salaries and expenses For necessary expenses of the Office of the Secretary, $103,000,000, of which not to exceed $2,600,000 shall be available for the immediate Office of the Secretary; not to exceed $980,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $19,000,000 shall be available for the Office of the General Counsel; not to exceed $9,500,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $12,500,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,500,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $24,720,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $2,000,000 shall be available for the Office of Public Affairs; not to exceed $1,700,000 shall be available for the Office of the Executive Secretariat; not to exceed $1,400,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $10,600,000 shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $15,500,000 shall be available for the Office of the Chief Information Officer: Provided , That the Secretary of Transportation is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further , That no appropriation for any office shall be increased or decreased by more than 5 percent by all such transfers: Provided further , That notice of any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided further , That , notwithstanding any other provision of law, excluding fees authorized in Public Law 107–71 , there may be credited to this appropriation up to $2,500,000 in funds received in user fees: Provided further , That none of the funds provided in this Act shall be available for the position of Assistant Secretary for Public Affairs. Research and technology For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $12,625,000, of which $8,218,000 shall remain available until September 30, 2017: Provided , That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training: Provided further , That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. National infrastructure investments For capital investments in surface transportation infrastructure, $100,000,000, to remain available through September 30, 2017: Provided , That the Secretary of Transportation shall distribute funds provided under this heading as discretionary grants to be awarded to a State, local government, or a collaboration among such entities on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region: Provided further , That funds under this heading shall be available only for highway and bridge activities described under paragraphs (1) and (3) of section 133(b) of title 23, United States Code, and section 202(a) of such title; freight rail transportation projects; and port infrastructure investments: Provided further , That the Secretary may use up to 10 percent of the funds made available under this heading for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that such use of the funds would advance the purposes of this paragraph: Provided further , That in distributing funds provided under this heading, the Secretary shall take such measures so as to ensure an equitable geographic distribution of funds and an appropriate balance in addressing the needs of urban and rural areas: Provided further , That a grant funded under this heading shall be not less than $2,000,000 and not greater than $15,000,000: Provided further , That not more than 20 percent of the funds made available under this heading may be awarded to projects in a single State: Provided further , That the Federal share of the costs for which an expenditure is made under this heading shall be, at the option of the recipient, up to 50 percent: Provided further , That the Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package: Provided further , That not less than 20 percent of the funds provided under this heading shall be for projects located in rural areas: Provided further , That for projects located in rural areas, the minimum grant size shall be $1,000,000 and the Secretary may increase the Federal share of costs to 80 percent: Provided further , That projects conducted using funds provided under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. Financial management capital For necessary expenses for upgrading and enhancing the Department of Transportation's financial systems and re-engineering business processes, $5,000,000, to remain available through September 30, 2016. Cyber security initiatives For necessary expenses for cyber security initiatives, including necessary upgrades to wide area network and information technology infrastructure, improvement of network perimeter controls and identity management, testing and assessment of information technology against business, security, and other requirements, implementation of Federal cyber security initiatives and information infrastructure enhancements, implementation of enhanced security controls on network devices, and enhancement of cyber security workforce training tools, $5,000,000, to remain available through September 30, 2016. Office of civil rights For necessary expenses of the Office of Civil Rights, $9,600,000. Transportation planning, research, and development For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, to remain available until expended, $6,000,000. Working capital fund For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $181,000,000 shall be paid from appropriations made available to the Department of Transportation: Provided , That such services shall be provided on a competitive basis to entities within the Department of Transportation: Provided further , That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further , That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without majority approval of the Working Capital Fund Steering Committee and approval of the Secretary: Provided further , That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees. Minority business resource center program For the cost of guaranteed loans, $417,000, as authorized by 49 U.S.C. 332: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $18,367,000. In addition, for administrative expenses to carry out the guaranteed loan program, $596,000. Minority business outreach For necessary expenses of Minority Business Resource Center outreach activities, $3,099,000, to remain available until September 30, 2016: Provided , That , notwithstanding 49 U.S.C. 332 , these funds may be used for business opportunities related to any mode of transportation. Payments to air carriers (airport and airway trust fund) In addition to funds made available from any other source to carry out the essential air service program under 49 U.S.C. 41731 through 41742, $149,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided , That in determining between or among carriers competing to provide service to a community, the Secretary may consider the relative subsidy requirements of the carriers: Provided further , That basic essential air service minimum requirements shall not include the 15-passenger capacity requirement under sub section 41732(b)(3) of title 49, United States Code: Provided further , That none of the funds in this Act or any other Act shall be used to enter into a new contract with a community located less than 40 miles from the nearest small hub airport before the Secretary has negotiated with the community over a local cost share: Provided further, That none of the funds in this Act or any other Act shall be used to provide essential air service to communities in the 48 contiguous States that require a rate of subsidy per passenger in excess of $500 before the Secretary has negotiated with the community over a local cost share so that the per passenger subsidy does not exceed $500. Administrative provisions—office of the secretary of transportation 101. None of the funds made available in this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. 102. The Secretary or his designee may engage in activities with States and State legislators to consider proposals related to the reduction of motorcycle fatalities. 103. Notwithstanding section 3324 of title 31, United States Code, in addition to authority provided by section 327 of title 49, United States Code, the Department's Working Capital Fund is hereby authorized to provide payments in advance to vendors that are necessary to carry out the Federal transit pass transportation fringe benefit program under Executive Order 13150 and section 3049 of Public Law 109–59 : Provided , That the Department shall include adequate safeguards in the contract with the vendors to ensure timely and high-quality performance under the contract. 104. The Secretary shall post on the Web site of the Department of Transportation a schedule of all meetings of the Credit Council, including the agenda for each meeting, and require the Credit Council to record the decisions and actions of each meeting. Federal aviation administration Operations (airport and airway trust fund) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public Law 112–95 , $9,750,000,000 of which $8,595,000,000 shall be derived from the Airport and Airway Trust Fund, of which not to exceed $7,396,654,000 shall be available for air traffic organization activities; not to exceed $1,218,458,000 shall be available for aviation safety activities; not to exceed $16,000,000 shall be available for commercial space transportation activities; not to exceed $762,652,000 shall be available for finance and management activities; not to exceed $60,089,000 shall be available for NextGen and operations planning activities; and not to exceed $296,147,000 shall be available for staff offices: Provided , That not to exceed 2 percent of any budget activity, except for aviation safety budget activity, may be transferred to any budget activity under this heading: Provided further , That no transfer may increase or decrease any appropriation by more than 2 percent: Provided further , That any transfer in excess of 2 percent shall be treated as a reprogramming of funds under section 405 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That not later than March 31 of each fiscal year hereafter, the Administrator of the Federal Aviation Administration shall transmit to Congress an annual update to the report submitted to Congress in December 2004 pursuant to section 221 of Public Law 108–176 : Provided further , That the amount herein appropriated shall be reduced by $100,000 for each day after March 31 that such report has not been submitted to the Congress: Provided further , That not later than March 31 of each fiscal year hereafter, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan, including stated attrition estimates and numerical hiring goals by fiscal year: Provided further , That the amount herein appropriated shall be reduced by $100,000 per day for each day after March 31 that such report has not been submitted to Congress: Provided further , That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided further , That none of the funds in this Act shall be available for new applicants for the second career training program: Provided further , That none of the funds in this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically authorized by law after the date of the enactment of this Act: Provided further , That there may be credited to this appropriation as offsetting collections funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: Provided further , That of the funds appropriated under this heading, not less than $140,000,000 shall be for the contract tower program, of which $9,500,000 is for the contract tower cost share program: Provided further , That none of the funds in this Act for aeronautical charting and cartography are available for activities conducted by, or coordinated through, the Working Capital Fund. Facilities and equipment (airport and airway trust fund) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $2,600,000,000, of which $463,000,000 shall remain available until September 30, 2015, and $2,137,000,000 shall remain available until September 30, 2017: Provided , That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment, improvement, and modernization of national airspace systems: Provided further , That upon initial submission to the Congress of the fiscal year 2016 President's budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2016 through 2020, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget. Research, engineering, and development (airport and airway trust fund) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $156,750,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2017: Provided , That there may be credited to this appropriation as offsetting collections, funds received from States, counties, municipalities, other public authorities, and private sources, which shall be available for expenses incurred for research, engineering, and development. Grants-in-aid for airports (liquidation of contract authorization) (limitation on obligations) (airport and airway trust fund) (including transfer of funds) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,200,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided , That none of the funds under this heading shall be available for the planning or execution of programs the obligations for which are in excess of $3,350,000,000 in fiscal year 2015, notwithstanding section 47117(g) of title 49, United States Code: Provided further , That none of the funds under this heading shall be available for the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems: Provided further , That notwithstanding any other provision of law, of funds limited under this heading, not more than $107,100,000 shall be obligated for administration, not less than $15,000,000 shall be available for the Airport Cooperative Research Program, not less than $29,750,000 shall be available for Airport Technology Research, and $3,000,000, to remain available until expended, shall be available and transferred to Office of the Secretary, Salaries and Expenses to carry out the Small Community Air Service Development Program. (cancellation) Of the amounts authorized under sections 48103 and 48112 of Title 49, United States Code, $260,000,000 are hereby permanently cancelled from amounts authorized for the fiscal year ending September 30, 2015 and prior years. Administrative provisions—federal aviation administration 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2015. 111. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided , That the prohibition of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on below-market rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303 and any amount remaining in such account at the close of that fiscal year may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes of such appropriation. 114. None of the funds in this Act shall be available for paying premium pay under sub section 5546(a) of title 5, United States Code, to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay. 115. None of the funds in this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 116. None of the funds in this Act may be obligated or expended for retention bonuses for an employee of the Federal Aviation Administration without the prior written approval of the Assistant Secretary for Administration of the Department of Transportation. 117. Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner's or operator's aircraft registration number from any display of the Federal Aviation Administration's Aircraft Situational Display to Industry data that is made available to the public, except data made available to a Government agency, for the noncommercial flights of that owner or operator. 118. None of the funds in this Act shall be available for salaries and expenses of more than 9 political and Presidential appointees in the Federal Aviation Administration. 119. None of the funds made available under this Act may be used to increase fees pursuant to section 44721 of title 49, United States Code, until the FAA provides to the House and Senate Committees on Appropriations the report related to aeronautical navigation products referred to in the explanatory statement described in section 4 of the Consolidated Appropriations Act, 2014. 119A. None of the funds appropriated or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. Federal highway administration Limitation on administrative expenses (highway trust fund) (including transfer of funds) Contingent upon reauthorization, not to exceed $426,100,000, together with advances and reimbursements received by the Federal Highway Administration, shall be paid in accordance with law from appropriations made available by this Act to the Federal Highway Administration for necessary expenses for administration and operation. In addition, not to exceed $3,248,000 shall be paid from appropriations made available by this Act and transferred to the Appalachian Regional Commission in accordance with section 104 of title 23, United States Code. Federal-aid highways (limitation on obligations) (highway trust fund) Contingent upon reauthorization, funds available for the implementation or execution of programs of Federal-aid Highways and highway safety construction programs authorized under titles 23 and 49, United States Code, and the provisions of Public Law 112–141 shall not exceed total obligations of $40,256,000,000 for fiscal year 2015: Provided , That the Secretary may collect and spend fees, as authorized by title 23, United States Code, to cover the costs of services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further , That such fees are available until expended to pay for such costs: Provided further , That such amounts are in addition to administrative expenses that are also available for such purpose, and are not subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code. (liquidation of contract authorization) (highway trust fund) Contingent upon reauthorization, for the payment of obligations incurred in carrying out Federal-aid Highways and highway safety construction programs authorized under title 23, United States Code, $40,995,000,000, derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. Administrative provisions—federal highway administration 120. Contingent upon reauthorization: (a) For fiscal year 2015, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federal-aid Highways— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid Highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid Highways and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid Highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid Highways and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (12) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(13) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) distribute the obligation limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under the Moving Ahead for Progress in the 21st Century Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid Highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid Highways and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(13) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b) Exceptions From Obligation Limitation The obligation limitation for Federal-aid Highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid Highways programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU ( 23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and (12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 and 2014, but only in an amount equal to $639,000,000 for each of those fiscal years); and (13) section 119 of title 23, United States Code (but, for fiscal year 2015, only in an amount equal to $639,000,000). (c) Redistribution of Unused Obligation Authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 ) and 104 of title 23, United States Code. (d) Applicability of Obligation Limitations to Transportation Research Programs (1) In general Except as provided in paragraph (2), the obligation limitation for Federal-aid Highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 of title 23, United States Code; and (B) division E of the Moving Ahead for Progress in the 21st Century Act. (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid Highways and highway safety construction programs for future fiscal years. (e) Redistribution of Certain Authorized Funds (1) In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for such fiscal year for Federal-aid Highways programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 121. Notwithstanding 31 U.S.C. 3302 , funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of title 49, United States Code, may be credited to the Federal-aid Highways account for the purpose of reimbursing the Bureau for such expenses: Provided , That such funds shall be subject to the obligation limitation for Federal-aid Highways and highway safety construction programs. 122. Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid Highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided , That the Secretary shall provide an annual report to the House and Senate Committees on Appropriations on any waivers granted under the Buy America requirements. 123. (a) In General Except as provided in subsection (b), none of the funds made available, limited, or otherwise affected by this Act shall be used to approve or otherwise authorize the imposition of any toll on any segment of highway located on the Federal-aid system in the State of Texas that— (1) as of the date of enactment of this Act, is not tolled; (2) is constructed with Federal assistance provided under title 23, United States Code; and (3) is in actual operation as of the date of enactment of this Act. (b) Exceptions (1) Number of toll lanes Subsection (a) shall not apply to any segment of highway on the Federal-aid system described in that subsection that, as of the date on which a toll is imposed on the segment, will have the same number of nontoll lanes as were in existence prior to that date. (2) High-occupancy vehicle lanes A high-occupancy vehicle lane that is converted to a toll lane shall not be subject to this section, and shall not be considered to be a nontoll lane for purposes of determining whether a highway will have fewer nontoll lanes than prior to the date of imposition of the toll, if— (A) high-occupancy vehicles occupied by the number of passengers specified by the entity operating the toll lane may use the toll lane without paying a toll, unless otherwise specified by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority; or (B) each high-occupancy vehicle lane that was converted to a toll lane was constructed as a temporary lane to be replaced by a toll lane under a plan approved by the appropriate county, town, municipal or other local government entity, or public toll road or transit authority. 124. None of the funds in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 and 604 of title 23, United States Code, the Secretary of Transportation provides notification in writing to the following committees: the House and Senate Committees on Appropriations; the Committee on Environment and Public Works and the Committee on Banking, Housing and Urban Affairs of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided , That such notification shall include, but not be limited to, the name of the project sponsor; a description of the project; whether credit assistance will be provided as a direct loan, loan guarantee, or line of credit; and the amount of credit assistance. 125. Section 127 of title 23, United States Code, is amended by adding at the end the following: (j) Operation of vehicles on certain other Wisconsin highways If any segment of the United States Route 41 corridor, as described in section 1105(c)(57) of the Intermodal Surface Transportation Efficiency Act of 1991, is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a). (k) Longer combination vehicles in Idaho No limit or other prohibition under this section, except as provided in this subsection, applies to a longer combination vehicle operating on a segment of the Interstate System in Idaho if such vehicle— (1) has a gross vehicle weight of 129,000 pounds or less; (2) complies with the single axle, tandem axle, and bridge formula limits set forth in subsection (a); and (3) is authorized to operate on such segment under Idaho State law. (l) Operation of vehicles on certain Mississippi highways If any segment of United States Route 78 in Mississippi from mile marker 0 to mile marker 113 is designated as part of the Interstate System, no limit established under this section may apply to that segment with respect to the operation of any vehicle that could have legally operated on that segment before such designation. . Federal motor carrier safety administration Motor carrier safety operations and programs (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Contingent upon reauthorization, for payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and programs pursuant to section 31104(i) of title 49, United States Code, and sections 4127 and 4134 of Public Law 109–59 , as amended by Public Law 112–141 , $259,000,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available until expended: Provided , That funds available for implementation, execution or administration of motor carrier safety operations and programs authorized under title 49, United States Code, shall not exceed total obligations of $259,000,000 for Motor Carrier Safety Operations and Programs for fiscal year 2015, of which $9,000,000, to remain available for obligation until September 30, 2017, is for the research and technology program, and of which $1,000,000 shall be available for commercial motor vehicle operator's grants to carry out section 4134 of Public Law 109–59 , and of which $34,545,000, to remain available for obligation until September 30, 2017, is for information management. Motor carrier safety grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Contingent upon reauthorization, for payment of obligations incurred in carrying out sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States Code, and sections 4126 and 4128 of Public Law 109–59 , as amended by Public Law 112–141 , $313,000,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided , That funds available for the implementation or execution of motor carrier safety programs shall not exceed total obligations of $313,000,000 in fiscal year 2015 for Motor Carrier Safety Grants ; of which $218,000,000 shall be available for the motor carrier safety assistance program, $30,000,000 shall be available for the commercial driver's license improvements program, $32,000,000 shall be available for border enforcement grants, $5,000,000 shall be available for the performance and registration information system management program, $25,000,000 shall be available for the commercial vehicle information systems and networks deployment program, and $3,000,000 shall be available for the safety data improvement program: Provided further , That, of the funds made available herein for the motor carrier safety assistance program, $32,000,000 shall be available for audits of new entrant motor carriers. Administrative provisions—federal motor carrier safety administration 130. Funds appropriated or limited in this Act shall be subject to the terms and conditions stipulated in section 350 of Public Law 107–87 and section 6901 of Public Law 110–28 . 131. The Federal Motor Carrier Safety Administration shall send notice of 49 C.F.R. section 385.308 violations by certified mail, registered mail, or another manner of delivery, which records the receipt of the notice by the persons responsible for the violations. National highway traffic safety administration Operations and research For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $134,000,000, of which $22,500,000 shall remain available through September 30, 2016. Operations and research (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Contingent upon reauthorization, for payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403 , and chapter 303 of title 49, United States Code, $128,500,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided , That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2015, are in excess of $128,500,000, of which $123,500,000 shall be for programs authorized under 23 U.S.C. 403 and $5,000,000 shall be for the National Driver Register authorized under chapter 303 of title 49, United States Code: Provided further , That within the $123,500,000 obligation limitation for operations and research, $22,500,000 shall remain available until September 30, 2016, and shall be in addition to the amount of any limitation imposed on obligations for future years: Provided further , That $10,000,000 of the total obligation limitation for operations and research in fiscal year 2015 shall be applied toward unobligated balances of contract authority provided in prior Acts for carrying out the provisions of 23 U.S.C. 403 , and chapter 303 of title 49, United States Code. Highway traffic safety grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Contingent upon reauthorization, for payment of obligations incurred in carrying out provisions of 23 U.S.C. 402 and 405, section 2009 of Public Law 109–59 , as amended by Public Law 112–141 , and section 31101(a)(6) of Public Law 112–141 , to remain available until expended, $561,500,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided , That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2015, are in excess of $561,500,000 for programs authorized under 23 U.S.C. 402 and 405, section 2009 of Public Law 109–59 , as amended by Public Law 112–141 , and section 31101(a)(6) of Public Law 112–141 , of which $235,000,000 shall be for Highway Safety Programs under 23 U.S.C. 402 ; $272,000,000 shall be for National Priority Safety Programs under 23 U.S.C. 405 ; $29,000,000 shall be for High Visibility Enforcement Program under section 2009 of Public Law 109–59 , as amended by Public Law 112–141 ; $25,500,000 shall be for Administrative Expenses under section 31101(a)(6) of Public Law 112–141 : Provided further , That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further , That not to exceed $500,000 of the funds made available for National Priority Safety Programs under 23 U.S.C. 405 for Impaired Driving Countermeasures (as described in subsection (d) of that section) shall be available for technical assistance to the States: Provided further , That with respect to the Transfers provision under 23 U.S.C. 405(a)(1)(G) , any amounts transferred to increase the amounts made available under section 402 shall include the obligation authority for such amounts: Provided further , That the Administrator shall notify the House and Senate Committees on Appropriations of any exercise of the authority granted under the previous proviso or under 23 U.S.C. 405(a)(1)(G) within 60 days. Administrative provisions—national highway traffic safety administration 140. Contingent upon reauthorization, an additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used. 142. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. Federal railroad administration Safety and operations For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $185,250,000, of which $12,400,000 shall remain available until expended. Railroad research and development For necessary expenses for railroad research and development, $35,250,000, to remain available until expended. Railroad rehabilitation and improvement financing program The Secretary of Transportation is authorized to issue direct loans and loan guarantees pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 ), as amended, such authority to exist as long as any such direct loan or loan guarantee is outstanding: Provided , That, pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit risk premium during fiscal year 2015: Provided further, That no new direct loans or loan guarantee commitments made under the Railroad Rehabilitation and Improvement Financing Program in fiscal year 2015 shall cause the total principal amount of direct loans and loan guarantees committed under the Railroad Rehabilitation and Improvement Financing Program to projects in a single state to exceed $5,600,000,000. Operating grants to the national railroad passenger corporation To enable the Secretary of Transportation to make quarterly grants to the National Railroad Passenger Corporation, in amounts based on the Secretary's assessment of the Corporation's seasonal cash flow requirements, for the operation of intercity passenger rail, as authorized by section 101 of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 ), $340,000,000, to remain available until expended: Provided , That the amounts available under this paragraph shall be available for the Secretary to approve funding to cover operating losses for the Corporation only after receiving and reviewing a grant request for each specific train route: Provided further, That each such grant request shall be accompanied by a detailed financial analysis, revenue projection, and capital expenditure projection justifying the Federal support to the Secretary's satisfaction: Provided further , That not later than 60 days after enactment of this Act, the Corporation shall transmit, in electronic format, to the Secretary and the House and Senate Committees on Appropriations the annual budget, business plan, the 5-Year Financial Plan for fiscal year 2015 required under section 204 of the Passenger Rail Investment and Improvement Act of 2008 and the comprehensive fleet plan for all Amtrak rolling stock: Provided further, That the budget, business plan and the 5-Year Financial Plan shall include annual information on the maintenance, refurbishment, replacement, and expansion for all Amtrak rolling stock consistent with the comprehensive fleet plan: Provided further, That the Corporation shall provide monthly performance reports in an electronic format which shall describe the work completed to date, any changes to the business plan, and the reasons for such changes as well as progress against the milestones and target dates of the 2012 performance improvement plan: Provided further, That the Corporation's budget, business plan, 5-Year Financial Plan, semiannual reports, monthly reports, comprehensive fleet plan and all supplemental reports or plans comply with requirements in Public Law 112–55 : Provided further, That none of the funds provided in this Act may be used to support any route on which Amtrak offers a discounted fare of more than 50 percent off the normal peak fare: Provided further, That the preceding proviso does not apply to routes where the operating loss as a result of the discount is covered by a State and the State participates in the setting of fares. Capital and debt service grants to the national railroad passenger corporation To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for capital investments as authorized by section 101(c), 102, and 219(b) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 ), $850,000,000, to remain available until expended, of which not to exceed $150,000,000 shall be for debt service obligations as authorized by section 102 of such Act: Provided , That of the amounts made available under this heading, not less than $50,000,000 shall be made available to bring Amtrak-served facilities and stations into compliance with the Americans with Disabilities Act: Provided further , That after an initial distribution of up to $200,000,000, which shall be used by the Corporation as a working capital account, all remaining funds shall be provided to the Corporation only on a reimbursable basis: Provided further , That of the amounts made available under this heading, up to $20,000,000 may be used by the Secretary to subsidize operating losses of the Corporation should the funds provided under the heading "Operating Grants to the National Railroad Passenger Corporation" be insufficient to meet operational costs for fiscal year 2015: Provided further , That the Secretary may retain up to one-half of 1 percent of the funds provided under this heading to fund the costs of project management and oversight of activities authorized by subsections 101(a) and 101(c) of division B of Public Law 110–432 : Provided further , That the Secretary shall approve funding for capital expenditures, including advance purchase orders of materials, for the Corporation only after receiving and reviewing a grant request for each specific capital project justifying the Federal support to the Secretary's satisfaction: Provided further , That except as otherwise provided herein, none of the funds under this heading may be used to subsidize operating losses of the Corporation: Provided further , That none of the funds under this heading may be used for capital projects not approved by the Secretary of Transportation or on the Corporation's fiscal year 2015 business plan: Provided further , That in addition to the project management oversight funds authorized under section 101(d) of division B of Public Law 110–432 , the Secretary may retain up to an additional $5,000,000 of the funds provided under this heading to fund expenses associated with implementing section 212 of division B of Public Law 110–432 , including the amendments made by section 212 to section 24905 of title 49, United States Code. Administrative provisions—federal railroad administration 150. The Secretary of Transportation may receive and expend cash, or receive and utilize spare parts and similar items, from non-United States Government sources to repair damages to or replace United States Government owned automated track inspection cars and equipment as a result of third-party liability for such damages, and any amounts collected under this section shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with the automated track inspection program. 151. Notwithstanding any other provision of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount to be determined by the Secretary. 152. None of the funds provided to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided , That the president of Amtrak may waive the cap set in the previous proviso for specific employees when the president of Amtrak determines such a cap poses a risk to the safety and operational efficiency of the system: Provided further , That Amtrak shall notify the House and Senate Committees on Appropriations each quarter of the calendar year on waivers granted to employees and amounts paid above the cap for each month within such quarter and provide documentation of the specific activities of each employee during his or her paid overtime in excess of $35,000 and how the work resulted in increased safety or operational efficiencies: Provided further, That the president of Amtrak shall certify the documentation in the previous proviso is accurate and correct: Provided further, That Amtrak shall provide to the House and Senate Committees on Appropriations by March 1, 2015, a summary of all overtime payments incurred by the Corporation for 2014 and the two prior calendar years: Provided further , That such summary shall include the total number of employees that received waivers and the total overtime payments the Corporation paid to those employees receiving waivers for each month for 2014 and for the two prior calendar years. Federal transit administration Administrative expenses For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $103,000,000, of which not more than $4,000,000 shall be available to carry out the provisions of 49 U.S.C. 5329 and not less than $1,000,000 shall be available to carry out the provisions of 49 U.S.C. 5326: Provided , That none of the funds provided or limited in this Act may be used to create a permanent office of transit security under this heading: Provided further , That upon submission to the Congress of the fiscal year 2016 President's budget, the Secretary of Transportation shall transmit to Congress the annual report on New Starts, including proposed allocations for fiscal year 2016. Transit formula grants (liquidation of contract authorization) (limitation on obligations) (highway trust fund) Contingent upon enactment of multi-year surface transportation authorization legislation, for payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305 , 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by Public Law 112–141 ; and section 20005(b) of Public Law 112–141 , as amended, $9,500,000,000, to be derived from the Mass Transit Account of the Highway Trust Fund and to remain available until expended: Provided , That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305 , 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by Public Law 112–141 , and section 20005(b) of Public Law 112–141 , shall not exceed total obligations of $8,595,000,000 in fiscal year 2015. Transit research For necessary expenses to carry out 49 U.S.C. 5312 and 5313, $15,000,000, to remain available until expended: Provided , That $14,000,000 shall be for activities authorized under 49 U.S.C. 5312 and $1,000,000 shall be for activities authorized under 49 U.S.C. 5313. Technical assistance and training For necessary expenses to carry out 49 U.S.C. 5314 and 5322(a), (b) and (e), $3,000,000, to remain available until expended: Provided , That $2,000,000 shall be for activities authorized under 49 U.S.C. 5314 and $1,000,000 shall be for activities authorized under 49 U.S.C. 5322(a) , (b) and (e). Capital investment grants (including rescission of funds) For necessary expenses to carry out 49 U.S.C. 5309 , $1,691,000,000, to remain available until expended: Provided , That of the unobligated balances made available under this heading in division L of Public Law 113–76 , $65,000,000 is hereby rescinded. Grants to the washington metropolitan area transit authority For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of Public Law 110–432 , $150,000,000, to remain available until expended: Provided , That the Secretary shall approve grants for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving and reviewing a request for each specific project: Provided further , That, prior to approving such grants, the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on those investments that will improve the safety of the system: Provided further , That the Secretary, in order to ensure safety throughout the rail system, may waive the requirements of section 601(e)(1) of title VI of Public Law 110–432 (112 Stat. 4968). Administrative provisions—federal transit administration (including rescissions) 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338 , previously made available for obligation, or to any other authority previously made available for obligation. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading Fixed Guideway Capital Investment of the Federal Transit Administration for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2019, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2014, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure, may be transferred to and administered under the most recent appropriation heading for any such section. 163. For purposes of applying the project justification and local financial commitment criteria of 49 U.S.C. 5309(d) to a New Starts project, the Secretary may consider the costs and ridership of any connected project in an instance in which private parties are making significant financial contributions to the construction of the connected project; additionally, the Secretary may consider the significant financial contributions of private parties to the connected project in calculating the non-Federal share of net capital project costs for the New Starts project. 164. Notwithstanding any other provision of law, none of the funds made available in this Act shall be used to enter into a full funding grant agreement for a project with a New Starts share greater than 50 percent. 165. None of the funds in this or any other Act may be available to advance in any way a new light or heavy rail project towards a full funding grant agreement as defined by 49 U.S.C. 5309 for the Metropolitan Transit Authority of Harris County, Texas if the proposed capital project is constructed on or planned to be constructed on Richmond Avenue west of South Shepherd Drive or on Post Oak Boulevard north of Richmond Avenue in Houston, Texas. 166. Unobligated and recovered fiscal year 2010 through 2012 funds that were made available to carry out 49 U.S.C. 5339 shall be available to carry out 49 U.S.C. 5309 , as amended by Public Law 112–141 , subject to the terms and conditions required under such section. Saint lawrence seaway development corporation The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year. Operations and maintenance (harbor maintenance trust fund) For necessary expenses to conduct the operations, maintenance, and capital asset renewal activities of those portions of the St. Lawrence Seaway owned, operated, and maintained by the Saint Lawrence Seaway Development Corporation, $32,500,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662 . Maritime administration Maritime security program For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $166,000,000, to remain available until expended. Operations and training For necessary expenses of operations and training activities authorized by law, $132,000,000, of which $11,300,000 shall remain available until expended for maintenance and repair of training ships at State Maritime Academies, and of which $2,400,000 shall remain available through September 30, 2016, for the Student Incentive Program at State Maritime Academies, and of which $1,500,000 shall remain available until expended for facilities maintenance and repair, equipment, and capital improvements at the United State Merchant Marine Academy: Provided , That amounts apportioned for the United States Merchant Marine Academy shall be available only upon allotments made personally by the Secretary of Transportation or the Assistant Secretary for Budget and Programs: Provided further , That the Superintendent, Deputy Superintendent and the Director of the Office of Resource Management of the United State Merchant Marine Academy may not be allotment holders for the United States Merchant Marine Academy, and the Administrator of the Maritime Administration shall hold all allotments made by the Secretary of Transportation or the Assistant Secretary for Budget and Programs under the previous proviso: Provided further , That 50 percent of the funding made available for the United States Merchant Marine Academy under this heading shall be available only after the Secretary, in consultation with the Superintendent and the Maritime Administrator, completes a plan detailing by program or activity how such funding will be expended at the Academy, and this plan is submitted to the House and Senate Committees on Appropriations. Ship disposal For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $4,000,000, to remain available until expended. Maritime guaranteed loan (title xi) program account (including transfer and rescission of funds) For necessary administrative expenses of the maritime guaranteed loan program, $3,100,000 shall be paid to the appropriations for “Maritime Administration–Operations and Training”: Provided , That of the funds made available under this heading in division L of Public Law 113–76 , $29,000,000 is rescinded. Administrative provisions—maritime administration 170. Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefor shall be credited to the appropriation charged with the cost thereof: Provided , That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts. 171. None of the funds available or appropriated in this Act shall be used by the United States Department of Transportation or the United States Maritime Administration to negotiate or otherwise execute, enter into, facilitate or perform fee-for-service contracts for vessel disposal, scrapping or recycling, unless there is no qualified domestic ship recycler that will pay any sum of money to purchase and scrap or recycle a vessel owned, operated or managed by the Maritime Administration or that is part of the National Defense Reserve Fleet. Such sales offers must be consistent with the solicitation and provide that the work will be performed in a timely manner at a facility qualified within the meaning of section 3502 of Public Law 106–398 . Nothing contained herein shall affect the Maritime Administration's authority to award contracts at least cost to the Federal Government and consistent with the requirements of 16 U.S.C. 5405(c) , section 3502, or otherwise authorized under the Federal Acquisition Regulation. Pipeline and hazardous materials safety administration Operational expenses (including transfer of funds) For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $21,654,000: Provided , That $1,500,000 shall be transferred to Pipeline Safety in order to fund Pipeline Safety Information Grants to Communities as authorized under section 60130 of title 49, United States Code. Hazardous materials safety For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $52,000,000, of which $7,000,000 shall remain available until September 30, 2017: Provided , That up to $800,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further , That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. Pipeline safety (pipeline safety fund) (oil spill liability trust fund) (pipeline safety design review fund) For expenses necessary to conduct the functions of the pipeline safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107 , and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $131,500,000, of which $19,500,000 shall be derived from the Oil Spill Liability Trust Fund and shall remain available until September 30, 2017; and of which $110,000,000 shall be derived from the Pipeline Safety Fund, of which $54,436,000 shall remain available until September 30, 2017; and of which $2,000,000, to remain available until expended, shall be derived from the Pipeline Safety Design Review Fund, as authorized in 49 U.S.C. 60117(n) : Provided , That not less than $1,058,000 of the funds provided under this heading shall be for the One-Call state grant program. Emergency preparedness grants (emergency preparedness fund) For necessary expenses to carry out 49 U.S.C. 5128(b) , $188,000, to be derived from the Emergency Preparedness Fund, to remain available until September 30, 2016: Provided , That not more than $28,318,000 shall be made available for obligation in fiscal year 2015 from amounts made available by 49 U.S.C. 5116(i) and 5128(b)–(c): Provided further , That none of the funds made available by 49 U.S.C. 5116(i) , 5128(b), or 5128(c) shall be made available for obligation by individuals other than the Secretary of Transportation, or his or her designee. Office of inspector general Salaries and expenses For necessary expenses of the Office of the Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $86,223,000: Provided , That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended ( 5 U.S.C. App. 3 ), to investigate allegations of fraud, including false statements to the government ( 18 U.S.C. 1001 ), by any person or entity that is subject to regulation by the Department: Provided further , That the funds made available under this heading may be used to investigate, pursuant to section 41712 of title 49, United States Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents; and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso: Provided further , That: (1) the Inspector General shall have the authority to audit and investigate the Metropolitan Washington Airports Authority (MWAA); (2) in carrying out these audits and investigations the Inspector General shall have all the authorities described under section 6 of the Inspector General Act (5 U.S.C. App.); (3) MWAA Board Members, employees, contractors, and subcontractors shall cooperate and comply with requests from the Inspector General, including providing testimony and other information; (4) The Inspector General shall be permitted to observe closed executive sessions of the MWAA Board of Directors; (5) MWAA shall pay the expenses of the Inspector General, including staff salaries and benefits and associated operating costs, which shall be credited to this appropriation and remain available until expended; and (6) if MWAA fails to make funds available to the Inspector General within 30 days after a request for such funds is received, then the Inspector General shall notify the Secretary of Transportation, who shall not approve a grant for MWAA under section 47107(b) of title 49, United States Code, until such funding is made available for the Inspector General: Provided further , That hereafter funds transferred to the Office of the Inspector General through forfeiture proceedings or from the Department of Justice Assets Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a participating agency, as an equitable share from the forfeiture of property in investigations in which the Office of Inspector General participates, or through the granting of a Petition for Remission or Mitigation, shall be deposited to the credit of this account for law enforcement activities authorized under the Inspector General Act of 1978, as amended, to remain available until expended. Surface transportation board Salaries and expenses For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109 , $31,250,000: Provided , That notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: Provided further , That the sum herein appropriated from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2015, to result in a final appropriation from the general fund estimated at no more than $30,000,000. General provisions—Department of transportation 180. During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901–5902 ). 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109 , but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. 182. None of the funds in this Act shall be available for salaries and expenses of more than 110 political and Presidential appointees in the Department of Transportation: Provided , That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. 183. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3) ) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1) , except as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. (b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision. 184. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's Federal-Aid Highways account, the Federal Transit Administration's Technical Assistance and Training account, and to the Federal Railroad Administration's Safety and Operations account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. 185. None of the funds in this Act to the Department of Transportation may be used to make a loan, loan guarantee, line of credit, or grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive a discretionary grant award, any discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, or full funding grant agreement is announced by the department or its modal administrations from: (1) any discretionary grant or federal credit program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; (3) any program of the Federal Railroad Administration; (4) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs; (5) any program of the Maritime Administration; or (6) any funding provided under the headings National Infrastructure Investments in this Act: Provided , That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any quick release of funds from the emergency relief program: Provided further , That no notification shall involve funds that are not available for obligation. 186. Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 187. Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, shall be available— (1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and (2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Improper Payments Information Act of 2002: Provided , That amounts in excess of that required for paragraphs (1) and (2)— (A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available: Provided further , That where specific project or accounting information associated with the improper payment or payments is not readily available, the Secretary may credit an appropriate account, which shall be available for the purposes and period associated with the account so credited; or (B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided further , That prior to the transfer of any such recovery to an appropriations account, the Secretary shall notify the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided further , That for purposes of this section, the term improper payments has the same meaning as that provided in section 2(d)(2) of Public Law 107–300 . 188. Notwithstanding any other provision of law, if any funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of said reprogramming notice shall be provided solely to the Committees on Appropriations, and said reprogramming action shall be approved or denied solely by the Committees on Appropriations: Provided , That the Secretary may provide notice to other congressional committees of the action of the Committees on Appropriations on such reprogramming but not sooner than 30 days following the date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appropriations. 189. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board of the Department of Transportation to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 190. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable modal administration or administrations. 191. The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and electronic media. 192. None of the funds made available by this Act shall be used by the Surface Transportation Board to take any actions with respect to the construction of a high speed rail project in California unless the Board has jurisdiction over the entire project and the permit is or was issued by the Board with respect to the project in its entirety. 193. None of the funds limited or otherwise made available by this Act to carry out chapter 6 of title 23, United States Code, may be used to subsidize a credit instrument authorized under such chapter that would cause the credit subsidy obligated in fiscal year 2015 to fund projects located in a single State to exceed 33 percent of the total credit subsidy made available by this Act on October 1, 2014 to carry out such chapter. 194. None of the funds limited or otherwise made available by this Act may be used to deny an application to renew a Hazardous Materials Safety Program permit for a motor carrier based on that carrier’s Hazardous Materials Out-of-Service rate, unless the carrier has the opportunity to submit a written description of corrective actions taken, and other documentation the carrier wishes the Secretary to consider, including submitting a corrective action plan, and the Secretary determines the actions or plan is insufficient to address the safety concerns that resulted in that Hazardous Materials Out-of-Service rate. 195. Any unexpended amounts available for obligation under the heading Federal Railroad Administration—Safety and Operations under the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ) shall be made available for rail safety oversight activities for the transport of energy products: Provided , That $10,000,000 of unexpended amounts available for obligation under the heading Federal Railroad Administration—Capital Assistance to States—Intercity Passenger Rail Service for fiscal years 2008 and 2009 shall be made available for grade crossing safety improvements on rail routes that transport energy products. This title may be cited as the Department of Transportation Appropriations Act, 2015 . II Department of housing and urban development Management and administration Executive offices For necessary salaries and expenses for Executive Offices, which shall be comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $14,000,000: Provided , That not to exceed $25,000 of the amount made available under this heading shall be available to the Secretary for official reception and representation expenses as the Secretary may determine. Administrative support offices For necessary salaries and expenses for Administrative Support Offices of the Department of Housing and Urban Development, $500,000,000, of which not to exceed $45,000,000 shall be available for the Office of the Chief Financial Officer; not to exceed $93,000,000 shall be available for the Office of the General Counsel; not to exceed $194,000,000 shall be available for the Office of Administration; not to exceed $52,000,000 shall be available for the Office of the Chief Human Capital Officer; not to exceed $49,000,000 shall be available for the Office of Field Policy and Management; not to exceed $16,000,000 shall be available for the Office of the Chief Procurement Officer; not to exceed $2,500,000 shall be available for the Office of Departmental Equal Employment Opportunity; not to exceed $3,500,000 shall be available for the Office of Strategic Planning and Management; and not to exceed $45,000,000 shall be available for the Office of the Chief Information Officer: Provided , That funds provided under this heading may be used for necessary administrative and non-administrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances therefore, as authorized by U.S.C. 5901–5902; hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109: Provided further , That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support the housing mission area: Provided further , That the Secretary shall provide the Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further , That the Secretary shall provide all signed reports required by Congress electronically. Program office salaries and expenses Public and indian housing For necessary salaries and expenses of the Office of Public and Indian Housing, $200,000,000. Community planning and development For necessary salaries and expenses of the Office of Community Planning and Development, $100,000,000. Housing For necessary salaries and expenses of the Office of Housing, $370,000,000, of which at least $9,000,000 shall be for the Office of Risk and Regulatory Affairs. Policy development and research For necessary salaries and expenses of the Office of Policy Development and Research, $20,000,000. Fair housing and equal opportunity For necessary salaries and expenses of the Office of Fair Housing and Equal Opportunity, $68,000,000. Office of lead hazard control and healthy homes For necessary salaries and expenses of the Office of Lead Hazard Control and Healthy Homes, $7,000,000. Public and indian housing Tenant-based rental assistance For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. ) ( the Act herein), not otherwise provided for, $15,356,529,000, to remain available until September 30, 2017, shall be available on October 1, 2014 (in addition to the $4,000,000,000 previously appropriated under this heading that became available on October 1, 2014), and $4,000,000,000, to remain available until September 30, 2018, shall be available on October 1, 2015: Provided , That the amounts made available under this heading are provided as follows: (1) $17,693,079,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided , That notwithstanding any other provision of law, from amounts provided under this paragraph and any carryover, the Secretary for the calendar year 2015 funding cycle shall provide renewal funding for each public housing agency based on validated voucher management system (VMS) leasing and cost data for the prior calendar year and by applying an inflation factor as established by the Secretary, by notice published in the Federal Register, and by making any necessary adjustments for the costs associated with the first-time renewal of vouchers under this paragraph including tenant protection , HOPE VI, and Choice Neighborhoods vouchers: Provided further , That in determining calendar year 2015 funding allocations under this heading for public housing agencies, including agencies participating in the Moving To Work (MTW) demonstration, the Secretary may take into account the anticipated impact of changes in targeting and utility allowances, on public housing agencies' contract renewal needs: Provided further , That none of the funds provided under this paragraph may be used to fund a total number of unit months under lease which exceeds a public housing agency's authorized level of units under contract, except for public housing agencies participating in the Moving to Work (MTW) demonstration, which are instead governed by the terms and conditions of their MTW agreements: Provided further , That the Secretary shall, to the extent necessary to stay within the amount specified under this paragraph (except as otherwise modified under this paragraph), pro rate each public housing agency's allocation otherwise established pursuant to this paragraph: Provided further , That except as provided in the following provisos, the entire amount specified under this paragraph (except as otherwise modified under this paragraph) shall be obligated to the public housing agencies based on the allocation and pro rata method described above, and the Secretary shall notify public housing agencies of their annual budget by the latter of 60 days after enactment of this Act or March 1, 2015: Provided further , That the Secretary may extend the notification period with the prior written approval of the House and Senate Committees on Appropriations: Provided further , That public housing agencies participating in the MTW demonstration shall be funded pursuant to their MTW agreements and shall be subject to the same pro rata adjustments under the previous provisos: Provided further , That the Secretary may offset public housing agencies' calendar year 2015 allocations based on the excess amounts of public housing agencies' net restricted assets accounts, including HUD held programmatic reserves (in accordance with VMS data in calendar year 2014 that is verifiable and complete), as determined by the Secretary: Provided further , That public housing agencies participating in the MTW demonstration shall also be subject to the offset, as determined by the Secretary, excluding amounts subject to the single fund budget authority provisions of their MTW agreements, from the agencies' calendar year 2015 MTW funding allocation: Provided further , That the Secretary shall use any offset referred to in the previous two provisos throughout the calendar year to prevent the termination of rental assistance for families as the result of insufficient funding, as determined by the Secretary, and to avoid or reduce the proration of renewal funding allocations: Provided further , That up to $75,000,000 shall be available only: (1) for adjustments in the allocations for public housing agencies, after application for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in renewal costs of vouchers resulting from unforeseen circumstances or from portability under section 8(r) of the Act; (2) for vouchers that were not in use during the 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the Act; (3) for adjustments for costs associated with HUD-Veterans Affairs Supportive Housing (HUD–VASH) vouchers; (4) for public housing agencies that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate rental assistance for families as a result of insufficient funding: Provided further , That the Secretary shall allocate amounts under the previous proviso based on need, as determined by the Secretary; and (5) for adjustments in the allocations for public housing agencies that experienced a significant increase, as determined by the Secretary, in renewal costs as a result of participation in the Small Area Fair Market Rent demonstration; (2) $130,000,000 shall be for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, HOPE VI and Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569 , as amended, or under the authority as provided under this Act: Provided , That when a public housing development is submitted for demolition or disposition under section 18 of the Act, the Secretary may provide section 8 rental assistance when the units pose an imminent health and safety risk to residents: Provided further , That the Secretary may only provide replacement vouchers for units that were occupied within the previous 24 months that cease to be available as assisted housing, subject only to the availability of funds: Provided further , That of the amounts made available under this paragraph, $5,000,000 may be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in low vacancy areas and who may have to pay rents greater than 30 percent of household income, as the result of (1) the maturity of a HUD-insured, HUD-held or section 202 loan that requires the permission of the Secretary prior to loan prepayment; (2) the expiration of a rental assistance contract for which the tenants are not eligible for enhanced voucher or tenant protection assistance under existing law; or (3) the expiration of affordability restrictions accompanying a mortgage or preservation program administered by the Secretary: Provided further , That such tenant protection assistance made available under the previous proviso may be provided under the authority of section 8(t) or section 8(o)(13) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(t) ): Provided further , That the Secretary shall issue guidance to implement the previous provisos, including, but not limited to, requirements for defining eligible at-risk households within 120 days of the enactment of this Act: Provided further , That any tenant protection voucher made available from amounts under this paragraph shall not be reissued by any public housing agency, except the replacement vouchers as defined by the Secretary by notice, when the initial family that received any such voucher no longer receives such voucher, and the authority for any public housing agency to issue any such voucher shall cease to exist: Provided further , That the Secretary, for the purpose under this paragraph, may use unobligated balances, including recaptures and carryovers, remaining from amounts appropriated in prior fiscal years under this heading for voucher assistance for nonelderly disabled families and for disaster assistance made available under Public Law 110–329 ; (3) $1,350,000,000 shall be for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $10,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, Veterans Affairs Supportive Housing vouchers, and other special purpose incremental vouchers: Provided , That no less than $1,335,000,000 of the amount provided in this paragraph shall be allocated to public housing agencies for the calendar year 2015 funding cycle based on section 8(q) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the Quality Housing and Work Responsibility Act of 1998 ( Public Law 105–276 ): Provided further , That if the amounts made available under this paragraph are insufficient to pay the amounts determined under the previous proviso, the Secretary may decrease the amounts allocated to agencies by a uniform percentage applicable to all agencies receiving funding under this paragraph or may, to the extent necessary to provide full payment of amounts determined under the previous proviso, utilize unobligated balances, including recaptures and carryovers, remaining from funds appropriated to the Department of Housing and Urban Development under this heading from prior fiscal years, notwithstanding the purposes for which such amounts were appropriated: Provided further , That all public housing agencies participating in the MTW demonstration shall be funded pursuant to their MTW agreements, and shall be subject to the same uniform percentage decrease as under the previous proviso: Provided further , That amounts provided under this paragraph shall be only for activities related to the provision of tenant-based rental assistance authorized under section 8, including related development activities; (4) $108,450,000 for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ), including necessary administrative expenses: Provided , That administrative and other expenses of public housing agencies in administering the special purpose vouchers in this paragraph shall be funded under the same terms and be subject to the same pro rata reduction as the percent decrease for administrative and other expenses to public housing agencies under paragraph (3) of this heading; (5) $75,000,000 for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided , That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title, to public housing agencies that partner with eligible VA Medical Centers or other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs: Provided further , That the Secretary of Housing and Urban Development may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), any provision of any statute or regulation that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further , That assistance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over; and (6) The Secretary shall separately track all special purpose vouchers funded under this heading. Housing certificate fund (including rescissions) Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading Annual Contributions for Assisted Housing and the heading Project-Based Rental Assistance , for fiscal year 2015 and prior years may be used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated: Provided, That any obligated balances of contract authority from fiscal year 1974 and prior that have been terminated shall be rescinded: Provided further , That amounts heretofore recaptured, or recaptured during the current fiscal year, from section 8 project-based contracts from source years fiscal year 1975 through fiscal year 1987 are hereby rescinded, and an amount of additional new budget authority, equivalent to the amount rescinded is hereby appropriated, to remain available until expended, for the purposes set forth under this heading, in addition to amounts otherwise available. Public housing capital fund For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ) (the Act ) $1,775,000,000, to remain available until September 30, 2018: Provided , That notwithstanding any other provision of law or regulation, during fiscal year 2015 the Secretary of Housing and Urban Development may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary for Public and Indian Housing any authority under paragraph (2) of section 9(j) regarding the extension of the time periods under such section: Provided further , That for purposes of such section 9(j), the term obligate means, with respect to amounts, that the amounts are subject to a binding agreement that will result in outlays, immediately or in the future: Provided further , That up to $8,000,000 shall be to support ongoing Public Housing Financial and Physical Assessment activities: Provided further, That up to $5,000,000 shall be to support the costs of administrative and judicial receiverships: Provided further , That of the total amount provided under this heading, not to exceed $20,000,000 shall be available for the Secretary to make grants, notwithstanding section 204 of this Act, to public housing agencies for emergency capital needs including safety and security measures necessary to address crime and drug-related activity as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural disasters under the Robert T. Stafford Disaster Relief and Emergency Act ( 42 U.S.C. 5121 et seq. ) occurring in fiscal year 2015: Provided further , That of the total amount provided under this heading $45,000,000 shall be for supportive services, service coordinator and congregate services as authorized by section 34 of the Act ( 42 U.S.C. 1437z-6 ) and the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ): Provided further , That of the total amount made available under this heading, up to $15,000,000 may be used for incentives as part of a Jobs-Plus Pilot initiative modeled after the Jobs-Plus demonstration: Provided further , That the funding provided under the previous proviso shall provide competitive grants to partnerships between public housing authorities, local workforce investment boards established under section 117 of the Workforce Investment Act of 1998, and other agencies and organizations that provide support to help public housing residents obtain employment and increase earnings: Provided further , That applicants must demonstrate the ability to provide services to residents, partner with workforce investment boards, and leverage service dollars: Provided further , That the Secretary may set aside a portion of the funds provided for the Resident Opportunity and Self-Sufficiency program to support the services element of the Jobs-Plus Pilot initiative: Provided further , That the Secretary may allow PHAs to request exemptions from rent and income limitation requirements under sections 3 and 6 of the United States Housing Act of 1937 as necessary to implement the Jobs-Plus program, on such terms and conditions as the Secretary may approve upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective implementation of the Jobs-Plus Pilot initiative as a voluntary program for residents: Provided further , That the Secretary shall publish by notice in the Federal Register any waivers or alternative requirements pursuant to the preceding proviso no later than 10 days before the effective date of such notice: Provided further , That from the funds made available under this heading, the Secretary shall provide bonus awards in fiscal year 2015 to public housing agencies that are designated high performers. Public housing operating fund For 2015 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) ), $4,400,000,000. Choice neighborhoods initiative For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v ), unless otherwise specified under this heading), for transformation, rehabilitation, and replacement housing needs of both public and HUD-assisted housing and to transform neighborhoods of poverty into functioning, sustainable mixed income neighborhoods with appropriate services, schools, public assets, transportation and access to jobs, $25,000,000, to remain available until September 30, 2017: Provided , That grant funds may be used for resident and community services, community development, and affordable housing needs in the community, and for conversion of vacant or foreclosed properties to affordable housing: Provided further , That the use of funds made available under this heading shall not be deemed to be public housing notwithstanding section 3(b)(1) of such Act: Provided further , That grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further , That grantees shall undertake comprehensive local planning with input from residents and the community, and that grantees shall provide a match in State, local, other Federal or private funds: Provided further , That grantees may include local governments, tribal entities, public housing authorities, and nonprofits: Provided further , That for-profit developers may apply jointly with a public entity: Provided further , That such grantees shall create partnerships with other local organizations including assisted housing owners, service agencies, and resident organizations: Provided further , That the Secretary shall consult with the Secretaries of Education, Labor, Transportation, Health and Human Services, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources: Provided further , That unobligated balances remaining from funds appropriated under this heading and the heading Revitalization of Severely Distressed Public Housing (HOPE VI) in fiscal year 2014 and prior fiscal years may be used for purposes under this heading notwithstanding the purposes for which such amounts were appropriated: Provided further, That none of the funds made available under this paragraph may be used for a grant to a recipient that has previously received a Choice Neighborhoods Initiative implementation grant. Family self-sufficiency For the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937, to promote the development of local strategies to coordinate the use of assistance under sections 8(o) and 9 of such Act with public and private resources, and enable eligible families to achieve economic independence and self-sufficiency, $75,000,000: Provided , That the Secretary may, by Federal Register notice, waive or specify alternative requirements under subsections b(3), b(4), b(5), or c(1) of section 23 of such Act in order for public housing agencies, owners and the Department to administer and to facilitate the operation of a unified self-sufficiency program for individuals receiving assistance under different provisions of the Act, as determined by the Secretary. Native american housing block grants For the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) ( 25 U.S.C. 4111 et seq. ), $650,000,000, to remain available until September 30, 2019: Provided , That, notwithstanding the Native American Housing Assistance and Self-Determination Act of 1996, to determine the amount of the allocation under title I of such Act for each Indian tribe, the Secretary shall apply the formula under section 302 of such Act with the need component based on single-race census data and with the need component based on multi-race census data, and the amount of the allocation for each Indian tribe shall be the greater of the two resulting allocation amounts: Provided further , That of the amounts made available under this heading, $3,000,000 shall be contracted for assistance for national or regional organizations representing Native American housing interests for providing training and technical assistance to Indian housing authorities and tribally designated housing entities as authorized under NAHASDA: Provided further , That of the funds made available under the previous proviso, not less than $2,000,000 shall be made available for a national organization as authorized under section 703 of NAHASDA ( 25 U.S.C. 4212 ): Provided further, That of the amounts made available under this heading, $2,000,000 shall be to support the inspection of Indian housing units, contract expertise, training, and technical assistance in the training, oversight, and management of such Indian housing and tenant-based assistance, including up to $300,000 for related travel: Provided further , That of the amount provided under this heading, $2,000,000 shall be made available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided further , That such costs, including the costs of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further , That these funds are available to subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed $16,530,000: Provided further , That the Department will notify grantees of their formula allocation within 60 days of the date of enactment of this Act: Provided further, notwithstanding section 302(d) of NAHASDA, if on January 1, 2015, a recipient's total amount of undisbursed block grants in the Department's line of credit control system is greater than three times the formula allocation it would otherwise receive under this heading, the Secretary shall adjust that recipient's formula allocation down by the difference between its total amount of undisbursed block grants in the Department's line of credit control system on January 1, 2015, and three times the formula allocation it would otherwise receive: Provided further , That grant amounts not allocated to a recipient pursuant to the previous proviso shall be allocated under the need component of the formula proportionately among all other Indian tribes not subject to an adjustment: Provided further , That the two previous provisos shall not apply to any Indian tribe that would otherwise receive a formula allocation of less than $5,000,000: Provided further , That to take effect, the three previous provisos do not require the issuance of any regulation. Indian housing loan guarantee fund program account For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), $8,000,000, to remain available until expended: Provided , That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, up to $1,200,000,000, to remain available until expended: Provided further , That up to $750,000 of this amount may be for administrative contract expenses including management processes and systems to carry out the loan guarantee program. Community planning and development Housing opportunities for persons with aids For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. ), $305,900,000, to remain available until September 30, 2016, except that amounts allocated pursuant to section 854(c)(3) of such Act shall remain available until September 30, 2017: Provided , That the Secretary shall renew all expiring contracts for permanent supportive housing that initially were funded under section 854(c)(3) of such Act from funds made available under this heading in fiscal year 2010 and prior fiscal years that meet all program requirements before awarding funds for new contracts under such section, and if amounts provided under this heading pursuant to such section are insufficient to fund renewals for all such expiring contracts, then amounts made available under this heading for formula grants pursuant to section 854(c)(1) shall be used to provide the balance of such renewal funding before awarding funds for such formula grants: Provided further , That the Department shall notify grantees of their formula allocation within 60 days of enactment of this Act. Community development fund For assistance to units of State and local government, and to other entities, for economic and community development activities, and for other purposes, $3,060,000,000, to remain available until September 30, 2017, unless otherwise specified: Provided , That of the total amount provided, $3,000,000,000 is for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended (the Act herein) ( 42 U.S.C. 5301 et seq. ): Provided further , That unless explicitly provided for under this heading, not to exceed 20 percent of any grant made with funds appropriated under this heading shall be expended for planning and management development and administration: Provided further , That a metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives funds under this heading may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act: Provided further, That none of the funds made available under this heading may be used for grants for the Economic Development Initiative ( EDI ) or Neighborhood Initiatives activities, Rural Innovation Fund, or for grants pursuant to section 107 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5307 ): Provided further , That the Department shall notify grantees of their formula allocation within 60 days of enactment of this Act: Provided further , That $60,000,000 shall be for grants to Indian tribes notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 204 of this Act), up to $3,960,000 may be used for emergencies that constitute imminent threats to health and safety. Community development loan guarantees program account (including rescission) Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2015, commitments to guarantee loans under section 108 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5308 ), any part of which is guaranteed, shall not exceed a total principal amount of $500,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in subsection (k) of such section 108: Provided , That the Secretary shall collect fees from borrowers, notwithstanding subsection (m) of such section 108, to result in a credit subsidy cost of zero for guaranteeing such loans, and any such fees shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further , That all unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading are hereby permanently rescinded. Home investment partnerships program For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $700,000,000, to remain available until September 30, 2017: Provided , That notwithstanding the amount made available under this heading, the threshold reduction requirements in sections 216(10) and 217(b)(4) of such Act shall not apply to allocations of such amount: Provided further , That the requirements under provisos 2 through 6 under this heading for fiscal year 2012 and such requirements applicable pursuant to the Full-Year Continuing Appropriations Act, 2013 , shall not apply to any project to which funds were committed on or after August 23, 2013, but such projects shall instead be governed by the Final Rule titled Home Investment Partnerships Program; Improving Performance and Accountability; Updating Property Standards which became effective on such date: Provided further , That funds provided in prior appropriations Acts for technical assistance, which were made available for Community Housing Development Organizations technical assistance, and which still remain available, may be used for HOME technical assistance, notwithstanding the purposes for which such amounts were appropriated: Provided further , That the Department shall notify grantees of their formula allocation within 60 days of enactment of this Act: Provided further, That of the total amount provided under this heading, up to $10,000,000 shall be made available to the Self-help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996, as amended ( 42 U.S.C. 12805 note). Capacity building For the second, third, and fourth capacity building activities authorized under section 4(a) of the HUD Demonstration Act of 1993 ( 42 U.S.C. 9816 note), $35,000,000, to remain available until September 30, 2017, of which not less than $5,000,000 shall be made available for rural capacity-building activities. In addition, $5,000,000 shall be made available for capacity building by national rural housing organizations with experience assessing national rural conditions and providing financing, training, technical assistance, information, and research to local non-profits, local governments, and Indian Tribes serving high-need rural communities. Homeless assistance grants (including transfer of funds) For the emergency solutions grants program as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the continuum of care program as authorized under subtitle C of title IV of such Act; and the rural housing stability assistance program as authorized under subtitle D of title IV of such Act, $2,105,000,000, to remain available until September 30, 2017: Provided , That any rental assistance amounts that are recaptured under such continuum of care program shall remain available until expended: Provided further , That not less than $200,000,000 of the funds appropriated under this heading shall be available for such emergency solutions grants program: Provided further , That not less than $1,800,000,000 of the funds appropriated under this heading shall be available for such continuum of care and rural housing stability assistance programs: Provided further , That up to $5,000,000 of the funds appropriated under this heading shall be available for the national homeless data analysis project: Provided further , That all funds awarded for supportive services under the continuum of care program and the rural housing stability assistance program shall be matched by not less than 25 percent in cash or in kind by each grantee: Provided further , That for all match requirements applicable to funds made available under this heading for this fiscal year and prior years, a grantee may use (or could have used) as a source of match funds other funds administered by the Secretary and other Federal agencies unless there is (or was) a specific statutory prohibition on any such use of any such funds: Provided further , That the Secretary may renew on an annual basis expiring contracts or amendments to contracts funded under the continuum of care program if the program is determined to be needed under the applicable continuum of care and meets appropriate program requirements, performance measures, and financial standards, as determined by the Secretary: Provided further , That all awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funding through the Mental Health and Substance Abuse Block Grant, Workforce Investment Act, and the Welfare-to-Work grant program: Provided further , That all balances for Shelter Plus Care renewals previously funded from the Shelter Plus Care Renewal account and transferred to this account shall be available, if recaptured, for continuum of care renewals in fiscal year 2015: Provided further , That with respect to funds provided under this heading for the continuum of care program for fiscal years 2012, 2013, 2014, and 2015 provision of permanent housing rental assistance may be administered by private nonprofit organizations: Provided further , That the Department shall notify grantees of their formula allocation from amounts allocated (which may represent initial or final amounts allocated) for the emergency solutions grant program within 60 days of enactment of this Act. BROWNFIELDS REDEVELOPMENT (RESCISSION) Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading are hereby permanently rescinded. Housing programs Project-based rental assistance For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) ( the Act ), not otherwise provided for, $9,346,000,000, to remain available until expended, shall be available on October 1, 2014 (in addition to the $400,000,000 previously appropriated under this heading that became available October 1, 2014), and $400,000,000, to remain available until expended, shall be available on October 1, 2015: Provided , That the amounts made available under this heading shall be available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11401 ), for renewal of section 8 contracts for units in projects that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this paragraph: Provided further , That of the total amounts provided under this heading, not to exceed $210,000,000 shall be available for assistance agreements with performance-based contract administrators for section 8 project-based assistance, for carrying out 42 U.S.C. 1437(f) : Provided further , That the Secretary of Housing and Urban Development may also use such amounts in the previous proviso for performance-based contract administrators for the administration of: interest reduction payments pursuant to section 236(a) of the National Housing Act ( 12 U.S.C. 1715z-1(a) ); rent supplement payments pursuant to section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s ); section 236(f)(2) rental assistance payments ( 12 U.S.C. 1715z-1(f)(2) ); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q ); project rental assistance contracts for supportive housing for persons with disabilities under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) ); project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667); and loans under section 202 of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667): Provided further , That amounts recaptured under this heading, the heading Annual Contributions for Assisted Housing , or the heading Housing Certificate Fund , may be used for renewals of or amendments to section 8 project-based contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated: Provided further , That, notwithstanding any other provision of law, upon the request of the Secretary of Housing and Urban Development, project funds that are held in residual receipts accounts for any project subject to a section 8 project-based Housing Assistance Payments contract that authorizes HUD or a Housing Finance Agency to require that surplus project funds be deposited in an interest-bearing residual receipts account and that are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to be available until expended: Provided further , That amounts deposited pursuant to the previous proviso shall be available in addition to the amount otherwise provided by this heading for uses authorized under this heading. Housing for the elderly For amendments to capital advance contracts for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for senior preservation rental assistance contracts, as authorized by section 811(e) of the American Housing and Economic Opportunity Act of 2000, as amended, and for supportive services associated with the housing, $420,000,000 to remain available until September 30, 2018: Provided , That of the amount provided under this heading, up to $70,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted housing projects: Provided further , That amounts under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 202 projects: Provided further , That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration. Housing for persons with disabilities For amendments to capital advance contracts for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ), for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act and for project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667), including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, for project rental assistance to State housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the Cranston-Gonzalez National Housing Act, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, $135,000,000, to remain available until September 30, 2018: Provided , That amounts made available under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 811 projects. Housing counseling assistance For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $47,000,000, to remain available until September 30, 2016, including up to $4,500,000 for administrative contract services: Provided , That grants made available from amounts provided under this heading shall be awarded within 180 days of enactment of this Act: Provided further , That funds shall be used for providing counseling and advice to tenants and homeowners, both current and prospective, with respect to property maintenance, financial management/literacy, and such other matters as may be appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration; and for housing counselor training. Rental housing assistance For amendments to contracts under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s ) and section 236(f)(2) of the National Housing Act ( 12 U.S.C. 1715z-1 ) in State-aided, noninsured rental housing projects, $28,000,000, to remain available until expended: Provided , That such amount, together with unobligated balances from recaptured amounts appropriated prior to fiscal year 2006 from terminated contracts under such sections of law, and any unobligated balances, including recaptures and carryover, remaining from funds appropriated under this heading after fiscal year 2005, shall also be available for extensions of up to one year for expiring contracts under such sections of law. Payment to manufactured housing fees trust fund For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. ), up to $10,000,000, to remain available until expended, of which $10,000,000 is to be derived from the Manufactured Housing Fees Trust Fund: Provided , That not to exceed the total amount appropriated under this heading shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided further , That the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year 2015 so as to result in a final fiscal year 2015 appropriation from the general fund estimated at zero, and fees pursuant to such section 620 shall be modified as necessary to ensure such a final fiscal year 2015 appropriation: Provided further , That for the dispute resolution and installation programs, the Secretary of Housing and Urban Development may assess and collect fees from any program participant: Provided further , That such collections shall be deposited into the Fund, and the Secretary, as provided herein, may use such collections, as well as fees collected under section 620, for necessary expenses of such Act: Provided further , That, notwithstanding the requirements of section 620 of such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service providers that are paid directly by the recipients of their services. Federal housing administration Mutual mortgage insurance program account New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2016: Provided , That during fiscal year 2015, obligations to make direct loans to carry out the purposes of section 204(g) of the National Housing Act, as amended, shall not exceed $20,000,000: Provided further , That the foregoing amount in the previous proviso shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the Mutual Mortgage Insurance Fund. For administrative contract expenses of the Federal Housing Administration, $130,000,000, to remain available until September 30, 2016: Provided , That to the extent guaranteed loan commitments exceed $200,000,000,000 on or before April 1, 2015, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000. General and special risk program account New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed $30,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2016: Provided , That during fiscal year 2015, gross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $20,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of single family real properties owned by the Secretary and formerly insured under such Act. Government national mortgage association Guarantees of mortgage-backed securities loan guarantee program account New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended ( 12 U.S.C. 1721(g) ), shall not exceed $500,000,000,000, to remain available until September 30, 2016: Provided , That $22,000,000 shall be available for necessary salaries and expenses of the Office of Government National Mortgage Association: Provided further , That receipts from Commitment and Multiclass fees collected pursuant to title III of the National Housing Act, as amended, shall be credited as offsetting collections to this account. Policy development and research Research and technology For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z-1 et seq. ), including carrying out the functions of the Secretary of Housing and Urban Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for technical assistance, $40,000,000, to remain available until September 30, 2016: Provided , That with respect to amounts made available under this heading, notwithstanding section 204 of this title, the Secretary may enter into cooperative agreements funded with philanthropic entities, other Federal agencies, or State or local governments and their agencies for research projects: Provided further , That with respect to the previous proviso, such partners to the cooperative agreements must contribute at least a 50 percent match toward the cost of the project: Provided further , That for non-competitive agreements entered into in accordance with the previous two provisos, the Secretary of Housing and Urban Development shall comply with section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 , 31 U.S.C. note) in lieu of compliance with section 102(a)(4)(C) with respect to documentation of award decisions: Provided further, That prior to obligation of technical assistance, the Secretary shall submit a plan, for approval, to the House and Senate Committees on Appropriations on how it will allocate funding for this activity. Fair housing and equal opportunity Fair housing activities For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, as amended, $46,000,000, to remain available until September 30, 2016: Provided , That notwithstanding 31 U.S.C. 3302 , the Secretary may assess and collect fees to cover the costs of the Fair Housing Training Academy, and may use such funds to provide such training: Provided further , That no funds made available under this heading shall be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant or loan: Provided further , That of the funds made available under this heading, $300,000 shall be available to the Secretary of Housing and Urban Development for the creation and promotion of translated materials and other programs that support the assistance of persons with limited English proficiency in utilizing the services provided by the Department of Housing and Urban Development. Office of lead hazard control and healthy homes Lead hazard reduction For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, $70,000,000, to remain available until September 30, 2016: Provided , That up to $10,000,000 of that amount shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 that shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards: Provided further , That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and other provisions of the law that further the purposes of such Act, a grant under the Healthy Homes Initiative, or the Lead Technical Studies program under this heading or under prior appropriations Acts for such purposes under this heading, shall be considered to be funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994. Information technology fund For the development of, modifications to, and infrastructure for Department-wide and program-specific information technology systems, for the continuing operation and maintenance of both Department-wide and program-specific information systems, and for program-related maintenance activities, $97,000,000, of which $82,000,000 shall remain available until September 30, 2016, and of which $15,000,000 shall remain available until September 30, 2017 for Development, Modernization and Enhancement: Provided , That any amounts transferred to this Fund under this Act shall remain available until expended: Provided further , That any amounts transferred to this Fund from amounts appropriated by previously enacted appropriations Acts may be used for the purposes specified under this Fund, in addition to any other information technology purposes for which such amounts were appropriated: Provided further , That not more than 40 percent of the funds made available under this heading for Development, Modernization and Enhancement, including development and deployment of a Next Generation Management System and development and deployment of modernized Federal Housing Administration systems may be obligated until the Secretary submits to the Committees on Appropriations and the Comptroller General of the United States a plan for expenditure that—(A) provides for all information technology investments: (i) the cost and schedule baselines with explanations for each associated variance, (ii) the status of functional and performance capabilities delivered or planned to be delivered, and (iii) mitigation strategies to address identified risks; (B) outlines activities to ensure strategic, consistent, and effective application of information technology management controls: (i) enterprise architecture, (ii) project management, (iii) investment management, and (iv) human capital management. Office of inspector general For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $124,861,000: Provided , That the Inspector General shall have independent authority over all personnel and acquisition issues within this office. General provisions—Department of housing and urban development (including transfer of funds) 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 ( 42 U.S.C. 1437 note) shall be rescinded or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate. 202. None of the amounts made available under this Act may be used during fiscal year 2015 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 203. Sections 203 and 209 of division C of Public Law 112–55 (125 Stat. 693–694) shall apply during fiscal year 2015 as if such sections were included in this title, except that during such fiscal year such sections shall be applied by substituting fiscal year 2015 for fiscal year 2011 and for fiscal year 2012 each place such terms appear, and shall be amended to reflect revised delineations of statistical areas established by the Office of Management and Budget pursuant to 44 U.S.C. 3504(e)(3) , 31 U.S.C. 1104(d) , and Executive Order 10253. 204. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 ). 205. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended ( 12 U.S.C. 1811–1 ). 206. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. 207. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2015 for such corporation or agency except as hereinafter provided: Provided , That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government. 208. The Secretary of Housing and Urban Development shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 209. The President's formal budget request for fiscal year 2016, as well as the Department of Housing and Urban Development's congressional budget justifications to be submitted to the Committees on Appropriations of the House of Representatives and the Senate, shall use the identical account and sub-account structure provided under this Act. 210. A public housing agency or such other entity that administers Federal housing assistance for the Housing Authority of the county of Los Angeles, California, the States of Alaska, Iowa, and Mississippi shall not be required to include a resident of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 1937 on the board of directors or a similar governing board of such agency or entity as required under section (2)(b) of such Act. Each public housing agency or other entity that administers Federal housing assistance under section 8 for the Housing Authority of the county of Los Angeles, California and the States of Alaska, Iowa and Mississippi that chooses not to include a resident of public housing or a recipient of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than six residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly. 211. No funds provided under this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). 212. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years 2015 and 2016, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects. (b) Phased Transfers Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under subsection (c). (c) The transfer authorized in subsection (a) is subject to the following conditions: (1) Number and bedroom size of units (A) For occupied units in the transferring project: the number of low-income and very low-income units and the configuration (i.e. bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects. (B) For unoccupied units in the transferring project: the Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority. (2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable. (3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. (4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. (5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. (6) The Secretary determines that this transfer is in the best interest of the tenants. (7) If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. (8) If the transferring project meets the requirements of subsection (d)(2), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions. (9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974, as amended) of any FHA-insured mortgage, except to the extent that appropriations are provided in advance for the amount of any such increased cost. (d) For purposes of this section— (1) the terms low-income and very low-income shall have the meanings provided by the statute and/or regulations governing the program under which the project is insured or assisted; (2) the term multifamily housing project means housing that meets one of the following conditions— (A) housing that is subject to a mortgage insured under the National Housing Act; (B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (C) housing that is assisted under section 202 of the Housing Act of 1959 as amended by section 801 of the Cranston-Gonzales National Affordable Housing Act; (D) housing that is assisted under section 202 of the Housing Act of 1959, as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act; (E) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act; or (F) housing or vacant land that is subject to a use agreement; (3) the term project-based assistance means— (A) assistance provided under section 8(b) of the United States Housing Act of 1937; (B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983); (C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965; (D) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act; (E) assistance payments made under section 202(c)(2) of the Housing Act of 1959; and (F) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act; (4) the term receiving project or projects means the multifamily housing project or projects to which some or all of the project-based assistance, debt, and statutorily required low-income and very low-income use restrictions are to be transferred; (5) the term transferring project means the multifamily housing project which is transferring some or all of the project-based assistance, debt and the statutorily required low-income and very low-income use restrictions to the receiving project or projects; and (6) the term Secretary means the Secretary of Housing and Urban Development. (e) Public Notice and Research Report (1) The Secretary shall publish by notice in the Federal Register the terms and conditions, including criteria for HUD approval, of transfers pursuant to this section no later than 30 days before the effective date of such notice. (2) The Secretary shall conduct an evaluation of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, physical and financial conditions, and long-term preservation of the affected properties. 213. (a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) to any individual who— (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(3)(E) ) and was not receiving assistance under such section 8 as of November 30, 2005; and (7) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), any financial assistance (in excess of amounts received for tuition and any other required fees and charges) that an individual receives under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), from private sources, or an institution of higher education (as defined under the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), shall be considered income to that individual, except for a person over the age of 23 with dependent children. 214. The funds made available for Native Alaskans under the heading Native American Housing Block Grants in title II of this Act shall be allocated to the same Native Alaskan housing block grant recipients that received funds in fiscal year 2005. 215. Notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act ( 12 U.S.C. 1715z-20(g) ), the Secretary of Housing and Urban Development may, until September 30, 2015, insure and enter into commitments to insure mortgages under such section 255. 216. Notwithstanding any other provision of law, in fiscal year 2015, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 or other Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property. To the extent the Secretary determines, in consultation with the tenants and the local government, that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA ) and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other available remedies, such as partial abatements or receivership. After disposition of any multifamily property described under this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA. 217. The commitment authority funded by fees as provided under the heading Community Development Loan Guarantees Program Account may be used to guarantee, or make commitments to guarantee, notes, or other obligations issued by any State on behalf of non-entitlement communities in the State in accordance with the requirements of section 108 of the Housing and Community Development Act of 1974: Provided , That any State receiving such a guarantee or commitment shall distribute all funds subject to such guarantee to the units of general local government in non-entitlement areas that received the commitment. 218. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary of Housing and Urban Development in connection with the operating fund rule: Provided , That an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula shall not be exempt from asset management requirements. 219. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement or guideline relating to asset management that restricts or limits in any way the use of capital funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g)(1) , (2)): Provided , That a public housing agency may not use capital funds authorized under section 9(d) for activities that are eligible under section 9(e) for assistance with amounts from the operating fund in excess of the amounts permitted under section 9(g)(1) or 9(g)(2). 220. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD sub-office under the accounts Executive Offices and Administrative Support Offices, as well as each account receiving appropriations for Program Office Salaries and Expenses within the Department of Housing and Urban Development. 221. The Secretary of Housing and Urban Development shall report annually to the House and Senate Committees on Appropriations on the status of all section 8 project-based housing, including the number of all project-based units by region as well as an analysis of all federally subsidized housing being refinanced under the Mark-to-Market program. The Secretary shall in the report identify all existing units maintained by region as section 8 project-based units and all project-based units that have opted out of section 8 or have otherwise been eliminated as section 8 project-based units. The Secretary shall identify in detail and by project the most likely reasons for any units which opted out or otherwise were lost as section 8 project-based units. Such analysis shall include a review of the most likely impact of the loss of any subsidized units in that housing marketplace. 222. The Secretary of the Department of Housing and Urban Development shall, for fiscal year 2015, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2015, the Secretary may make the NOFA available only on the Internet at the appropriate Government Web site or through other electronic media, as determined by the Secretary. 223. Payment of attorney fees in program-related litigation must be paid from individual program office personnel benefits and compensation funding. The annual budget submission for program office personnel benefit and compensation funding must include program-related litigation costs for attorney fees as a separate line item request. 224. The Secretary of the Department of Housing and Urban Development is authorized to transfer up to 5 percent or $5,000,000, whichever is less, of the funds appropriated for any office funded under the heading Administrative Support Offices to any other office funded under such heading: Provided , That no appropriation for any office funded under the heading Administrative Support Offices shall be increased or decreased by more than 5 percent or $5,000,000, whichever is less, without prior written approval of the House and Senate Committees on Appropriations: Provided further , That the Secretary is authorized to transfer up to 5 percent or $5,000,000, whichever is less, of the funds appropriated for any account funded under the general heading Program Office Salaries and Expenses to any other account funded under such heading: Provided further, That no appropriation for any account funded under the general heading Program Office Salaries and Expenses shall be increased or decreased by more than 5 percent or $5,000,000, whichever is less, without prior written approval of the House and Senate Committees on Appropriations: Provided further , That the Secretary may transfer funds made available for salaries and expenses between any office funded under the heading Administrative Support Offices and any account funded under the general heading Program Office Salaries and Expenses , but only with the prior written approval of the House and Senate Committees on Appropriations. 225. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall be considered a program of the Department of Housing and Urban Development under section 904 of the McKinney Act for the purpose of income verifications and matching. 226. (a) The Secretary of Housing and Urban Development shall take the required actions under subsection (b) when a multifamily housing project with a section 8 contract or contract for similar project-based assistance: (1) receives a Real Estate Assessment Center (REAC) score of 30 or less; or (2) receives a REAC score between 31 and 59 and: (A) fails to certify in writing to HUD within 60 days that all deficiencies have been corrected; or (B) receives consecutive scores of less than 60 on REAC inspections. Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), but do not apply to such units assisted under section 8(o)(13) ( 42 U.S.C. 1437f(o)(13) ) or to public housing units assisted with capital or operating funds under section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ). (b) The Secretary shall take the following required actions as authorized under subsection (a)— (1) The Secretary shall notify the owner and provide an opportunity for response within 30 days. If the violations remain, the Secretary shall develop a Compliance, Disposition and Enforcement Plan within 60 days, with a specified timetable for correcting all deficiencies. The Secretary shall provide notice of the Plan to the owner, tenants, the local government, any mortgagees, and any contract administrator. (2) At the end of the term of the Compliance, Disposition and Enforcement Plan, if the owner fails to fully comply with such plan, the Secretary may require immediate replacement of project management with a management agent approved by the Secretary, and shall take one or more of the following actions, and provide additional notice of those actions to the owner and the parties specified above: (A) impose civil money penalties; (B) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (C) pursue transfer of the project to an owner, approved by the Secretary under established procedures, which will be obligated to promptly make all required repairs and to accept renewal of the assistance contract as long as such renewal is offered; or (D) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies. (c) The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other remedies set forth above. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA ) and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. The Secretary shall report semi-annually on all properties covered by this section that are assessed through the Real Estate Assessment Center and have physical inspection scores of less than 30 or have consecutive physical inspection scores of less than 60. The report shall include: (1) The enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identify properties that have such conditions multiple times; and (2) Actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties. 227. None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ), may be used by any public housing agency for any amount of salary, for the chief executive officer of which, or any other official or employee of which, that exceeds the annual rate of basic pay payable for a position at level IV of the Executive Schedule at any time during any public housing agency fiscal year 2015. 228. None of the funds in this Act may be available for the doctoral dissertation research grant program at the Department of Housing and Urban Development. 229. None of the funds in this Act provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices. 230. Section 579 of the Multifamily Assisted Housing Reform and Affordability Act (MAHRAA) of 1997 ( 42 U.S.C. 1437f note) is amended by striking October 1, 2015 each place it appears and inserting in lieu thereof October 1, 2016 . 231. None of the funds made available by this Act may be used to require or enforce the Physical Needs Assessment (PNA). 232. None of the funds made available by this Act nor any receipts or amounts collected under any Federal Housing Administration program may be used to implement the Homeowners Armed with Knowledge (HAWK) program. 233. None of the funds made available in this Act shall be used by the Federal Housing Administration, the Government National Mortgage Administration, or the Department of Housing and Urban Development to insure, securitize, or establish a Federal guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to eminent domain condemnation or seizure, by a state, municipality, or any other political subdivision of a state. This title may be cited as the Department of Housing and Urban Development Appropriations Act, 2015 . III Related agencies Access board Salaries and expenses For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $7,548,000: Provided , That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses. Federal housing finance agency Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $45,000,000, to remain available until September 30, 2016, to be derived from assessments collected from the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks under section 1106 of the Housing and Economic Recovery Act of 2008. Federal maritime commission Salaries and expenses For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended ( 46 U.S.C. 307 ), including services as authorized by 5 U.S.C. 3109 ; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b) ; and uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–5902 , $25,499,000: Provided , That not to exceed $2,000 shall be available for official reception and representation expenses. National railroad passenger corporation office of inspector general Salaries and expenses For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $24,499,000: Provided , That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended ( 5 U.S.C. App. 3 ), to investigate allegations of fraud, including false statements to the government ( 18 U.S.C. 1001 ), by any person or entity that is subject to regulation by the National Railroad Passenger Corporation: Provided further , That the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, subject to the applicable laws and regulations that govern the obtaining of such services within the National Railroad Passenger Corporation: Provided further , That the Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General, subject to the applicable laws and regulations that govern such selections, appointments, and employment within Amtrak: Provided further , That concurrent with the President's budget request for fiscal year 2016, the Inspector General shall submit to the House and Senate Committees on Appropriations a budget request for fiscal year 2016 in similar format and substance to those submitted by executive agencies of the Federal Government. National transportation safety board Salaries and expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109 , but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by law ( 5 U.S.C. 5901–5902 ), $103,000,000, of which not to exceed $2,000 may be used for official reception and representation expenses. The amounts made available to the National Transportation Safety Board in this Act include amounts necessary to make lease payments on an obligation incurred in fiscal year 2001 for a capital lease. Neighborhood reinvestment corporation Payment to the neighborhood reinvestment corporation For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act ( 42 U.S.C. 8101–8107 ), $132,000,000, of which $5,000,000 shall be for a multi-family rental housing program: Provided , That in addition, $50,000,000 shall be made available until expended to the Neighborhood Reinvestment Corporation for mortgage foreclosure mitigation activities, under the following terms and conditions: (1) The Neighborhood Reinvestment Corporation ( NRC ) shall make grants to counseling intermediaries approved by the Department of Housing and Urban Development (HUD) (with match to be determined by the NRC based on affordability and the economic conditions of an area; a match also may be waived by the NRC based on the aforementioned conditions) to provide mortgage foreclosure mitigation assistance primarily to States and areas with high rates of defaults and foreclosures to help eliminate the default and foreclosure of mortgages of owner-occupied single-family homes that are at risk of such foreclosure. Other than areas with high rates of defaults and foreclosures, grants may also be provided to approved counseling intermediaries based on a geographic analysis of the Nation by the NRC which determines where there is a prevalence of mortgages that are risky and likely to fail, including any trends for mortgages that are likely to default and face foreclosure. A State Housing Finance Agency may also be eligible where the State Housing Finance Agency meets all the requirements under this paragraph. A HUD-approved counseling intermediary shall meet certain mortgage foreclosure mitigation assistance counseling requirements, as determined by the NRC, and shall be approved by HUD or the NRC as meeting these requirements. (2) Mortgage foreclosure mitigation assistance shall only be made available to homeowners of owner-occupied homes with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of activities that are likely to prevent foreclosures and result in the long-term affordability of the mortgage retained pursuant to such activity or another positive outcome for the homeowner. No funds made available under this paragraph may be provided directly to lenders or homeowners to discharge outstanding mortgage balances or for any other direct debt reduction payments. (3) The use of mortgage foreclosure mitigation assistance by approved counseling intermediaries and State Housing Finance Agencies shall involve a reasonable analysis of the borrower's financial situation, an evaluation of the current value of the property that is subject to the mortgage, counseling regarding the assumption of the mortgage by another non-Federal party, counseling regarding the possible purchase of the mortgage by a non-Federal third party, counseling and advice of all likely restructuring and refinancing strategies or the approval of a work-out strategy by all interested parties. (4) NRC may provide up to 15 percent of the total funds under this paragraph to its own charter members with expertise in foreclosure prevention counseling, subject to a certification by the NRC that the procedures for selection do not consist of any procedures or activities that could be construed as an unacceptable conflict of interest or have the appearance of impropriety. (5) HUD-approved counseling entities and State Housing Finance Agencies receiving funds under this paragraph shall have demonstrated experience in successfully working with financial institutions as well as borrowers facing default, delinquency and foreclosure as well as documented counseling capacity, outreach capacity, past successful performance and positive outcomes with documented counseling plans (including post mortgage foreclosure mitigation counseling), loan workout agreements and loan modification agreements. NRC may use other criteria to demonstrate capacity in underserved areas. (6) Of the total amount made available under this paragraph, up to $2,500,000 may be made available to build the mortgage foreclosure and default mitigation counseling capacity of counseling intermediaries through NRC training courses with HUD-approved counseling intermediaries and their partners, except that private financial institutions that participate in NRC training shall pay market rates for such training. (7) Of the total amount made available under this paragraph, up to 5 percent may be used for associated administrative expenses for the NRC to carry out activities provided under this section. (8) Of the total amount made available under this paragraph, up to $4,000,000 may be used for wind-down and closeout of the mortgage foreclosure mitigation activities program. (9) Mortgage foreclosure mitigation assistance grants may include a budget for outreach and advertising, and training, as determined by the NRC. (10) The NRC shall continue to report bi-annually to the House and Senate Committees on Appropriations as well as the Senate Banking Committee and House Financial Services Committee on its efforts to mitigate mortgage default. United states interagency council on homelessness Operating expenses For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code) of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $3,500,000. IV General provisions—this act 401. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 402. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 403. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 404. (a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 405. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided , That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further , That the report shall include: (A) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (C) an identification of items of special congressional interest: Provided further , That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress. 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2015 from appropriations made available for salaries and expenses for fiscal year 2015 in this Act, shall remain available through September 30, 2016, for each such account for the purposes authorized: Provided , That a request shall be submitted to the House and Senate Committees on Appropriations for approval prior to the expenditure of such funds: Provided further , That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act. 407. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided , That for purposes of this section, public use shall not be construed to include economic development that primarily benefits private entities: Provided further , That any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication-related, water-related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownsfield as defined in the Small Business Liability Relief and Brownsfield Revitalization Act ( Public Law 107–118 ) shall be considered a public use for purposes of eminent domain. 408. All Federal agencies and departments that are funded under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole-source contracts by no later than July 30, 2015. Such report shall include the contractor, the amount of the contract and the rationale for using a sole-source contract. 409. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 410. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto. 411. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the Buy American Act ). 412. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a-10c). 413. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal Regulations. 414. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 415. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 416. Spending reduction account The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2015 . May 27, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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113-hr-4746
I 113th CONGRESS 2d Session H. R. 4746 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Farr , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to establish a program of research regarding the risks posed by the presence of dioxin, synthetic fibers, chemical fragrances, and other components of feminine hygiene products. 1. Short title This Act may be cited as the Robin Danielson Act of 2014 . 2. Findings The Congress finds as follows: (1) Feminine hygiene products are widely used by women in the United States today, but there is not enough research on the components of these products. (2) Women may be exposed to substances in tampons and other menstrual products for as long as 60 years over the course of their reproductive lives. The average woman may use as many as 16,800 tampons in her lifetime. A woman on menopausal hormone therapy may use as many as 24,360 tampons in her lifetime. (3) Trace amounts of dioxins can be found in tampons or other feminine hygiene products. The Environmental Protection Agency and the International Agency for Research on Cancer, an arm of the World Health Organization, have concluded that dioxins are a probable human carcinogen (cancer-causing agent). (4) The Food and Drug Administration (referred to in this section as the FDA ) has historically relied on data provided by manufacturers of feminine hygiene products in determining product safety. (5) Although the FDA currently requires tampon manufacturers to routinely monitor dioxin levels in raw materials and finished tampons, this information is not readily available to the public. The FDA should consider whether to expand regulation to include other types of feminine hygiene products and a broader list of contaminants. 3. Research on dioxin and other potentially harmful components of feminine hygiene products Part F of title IV of the Public Health Service Act ( 42 U.S.C. 287d et seq. ) is amended by adding at the end the following section: 486C. Research on dioxin and other potentially harmful components of feminine hygiene products (a) Research (1) In general The Director of NIH, in collaboration with the Director of the Office, shall provide for the conduct or support of research to determine the extent to which the presence of dioxins, synthetic fibers, chlorine, and other components, including contaminants and substances used as fragrances, in tampons and other feminine hygiene products— (A) poses any risks to the health of women who use the products, including risks relating to cervical cancer, endometriosis, infertility, ovarian cancer, breast cancer, immune system deficiencies, pelvic inflammatory disease, toxic shock syndrome, and bacterial and yeast infections; and (B) poses any risks to the health of children of women who used such products during or before the pregnancies involved, including risks relating to fetal and childhood development. (2) Requirement regarding data from manufacturers Research under paragraph (1) shall include research to confirm the data on tampons and other feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of such products. (3) Definition For purposes of paragraph (1), the term feminine hygiene products means tampons, pads, liners, cups, sponges, and similar products used by women with respect to menstruation or other genital-tract secretions. (b) Reports Reports on the results of research under subsection (a) shall be periodically submitted to the Congress, the Commissioner of Food and Drugs, the Administrator of the Environmental Protection Agency, and the Chairman of the Consumer Product Safety Commission. Such reports shall be made available to the public through the data system and clearinghouse program established under section 486A, or through other appropriate means. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2015 through 2019. .
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113-hr-4747
I 113th CONGRESS 2d Session H. R. 4747 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Ms. McCollum introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) A BILL To prohibit the use of global health activities to collect foreign intelligence, and for other purposes. 1. Short title This Act may be cited as the Global Health Worker Protection Act of 2014 . 2. Prohibition on use of global health activities for intelligence gathering (a) Prohibition The Central Intelligence Agency and any other department or agency may not use health or humanitarian workers or activities, including immunization and vaccination campaigns, health education and surveillance, or direct health services, in countries outside of the United States for the purpose of collecting foreign intelligence. (b) Rule of construction Nothing in this Act shall be construed to restrict the provision of medical services to individuals involved in authorized intelligence activities on behalf of the United States.
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113-hr-4748
I 113th CONGRESS 2d Session H. R. 4748 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Mrs. Black (for herself, Mr. Thompson of California , Ms. Loretta Sanchez of California , Mr. Marchant , and Mr. Boustany ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Harmonized Tariff Schedule of the United States to eliminate tariffs on technological goods providing educational value for children, and for other purposes. 1. Short title This Act may be cited as the Elimination of Tariffs on Education for Children’s Act or the ETEACH Act . 2. Elimination of tariffs on certain educational devices Chapter 85 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheading, with the article description for subheading 8543.70.94 having the same degree of indentation as the article description for subheading 8543.70.92: 8543.70.94 Electronic educational devices designed or intended primarily for children Free 35% . 3. Effective date The amendment made by section 2 applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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113-hr-4749
I 113th CONGRESS 2d Session H. R. 4749 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Mr. Cassidy (for himself and Mr. Broun of Georgia ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To modify the definition of antique firearm . 1. Amendment to title 18, United States Code Section 921(a)(16)(A) of title 18, United States Code, is amended by striking 1898 and inserting the calendar year that is 100 years before the calendar year in which the determination as to whether the firearm meets the requirement of this subparagraph is being made . 2. Amendment to Internal Revenue Code of 1986 Subsection (g) of section 5845 of the Internal Revenue Code of 1986 is amended— (1) by striking 1898 the first place it appears and inserting the calendar year that is 100 years before the calendar year in which the determination as to whether the firearm meets the requirement of this subsection is being made , (2) by striking the year 1898 and inserting the calendar year that is 100 years before the calendar year in which such determination is being made , and (3) by striking 1898, and inserting the calendar year that is 100 years before the calendar year in which such determination is being made, .
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113-hr-4750
I 113th CONGRESS 2d Session H. R. 4750 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Mr. Gingrey of Georgia (for himself and Mr. Cuellar ) 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 clarify the treatment of health care provider standards of care under Federal health care provisions. 1. Short title This Act may be cited as the Standard of Care Protection Act of 2014 . 2. Rule of construction regarding health care provider standards of care (a) Maintenance of state standards The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed— (1) to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim; or (2) to preempt any standard of care or duty of care, owed by a health care provider to a patient, duly established under State or common law. (b) Definitions For purposes of this Act: (1) Federal health care provision The term Federal health care provision means any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act. (2) Health care provider The term health care provider means any individual or entity— (A) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (B) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (3) Medical malpractice or medical product liability action or claim The term medical malpractice or medical product liability action or claim means a medical malpractice action or claim (as defined in section 431(7) of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11151(7) )) and includes a liability action or claim relating to a health care provider’s prescription or provision of a drug, device, or biological product (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act). (4) State The term State includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States. 3. Preservation of State law No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act shall be construed to preempt any State or common law governing medical professional or medical product liability actions or claims.
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113-hr-4751
I 113th CONGRESS 2d Session H. R. 4751 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Mr. Kilmer introduced the following bill; which was referred to the Committee on Natural Resources A BILL To make technical corrections to Public Law 110–229 to reflect the renaming of the Bainbridge Island Japanese American Exclusion Memorial, and for other purposes. 1. Bainbridge Island Japanese American Exclusion Memorial Section 313 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ) is amended as follows: (1) In the heading of subsection (b), by striking Japanese American Memorial and inserting Japanese American Exclusion Memorial . (2) In the heading of subsection (c)(5)(C), by striking Japanese American Memorial and inserting Japanese American Exclusion Memorial . (3) In subsection (c)(5)(C), by striking Japanese American Memorial and inserting Japanese American Exclusion Memorial .
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113-hr-4752
I 113th CONGRESS 2d Session H. R. 4752 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Mr. Latta introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to limit the authority of the Federal Communications Commission over providers of broadband Internet access service. 1. Findings Congress finds the following: (1) The Internet is a powerful engine for economic growth that has remained open, free, and accessible without government regulation since its entrance into the public sphere. (2) Title II of the Communications Act of 1934 was designed for the monopoly telephone system in 1934 and has its origins in 19th century shipping regulations. (3) Imposing the obligations and requirements of title II of such Act on broadband Internet access service would severely harm broadband investment and create myriad negative unintended consequences. (4) The Federal Communications Commission has consistently taken actions that classify broadband Internet access service, even in different forms, as an information service. Such actions include the following: (A) In 1998, Chairman Bill Kennard issued a Report to Congress finding that Internet access is an information service with a telecommunications component. (B) In 2002, the Commission issued a Declaratory Ruling (17 FCC Rcd 4798) classifying cable modem broadband Internet access service as an information service. In the 2005 case of National Cable & Telecommunications Association v. Brand X Internet Services (545 U.S. 967), the Supreme Court of the United States affirmed this determination that such service is not a common carrier service and is appropriately classified as an information service. (C) In 2005, the Commission issued a Report and Order (20 FCC Rcd 14853) affirming the classification of wireline broadband Internet access service as an information service. (D) In 2007, the Commission issued a Declaratory Ruling (22 FCC Rcd 5901) affirming the classification of wireless broadband Internet access service as an information service. (5) These Commission rulings unleashed tens of billions of dollars of investment in the Nation’s broadband networks, investment that would not have been made if broadband services were subject to common carrier requirements. 2. Limitation on authority of FCC (a) In general Section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ) is amended as follows: (1) Common carrier Paragraph (11) is amended by adding at the end the following: Such term does not include a provider of an information service or of advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 )) when engaged in the provision of such service or capability. . (2) Information service Paragraph (24) is amended to read as follows: (24) Information service The term information service means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include— (A) a telecommunications service; or (B) any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. Such term includes broadband Internet access service. A provider of an information service may not be treated as a telecommunications carrier under this Act when engaged in the provision of an information service, and may not be required to offer such service or any component of such service as a telecommunications service. . (3) Telecommunications carrier Paragraph (51) is amended by adding at the end the following: Such term does not include a provider of an information service or of advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 )) when engaged in the provision of such service or capability. . (4) Telecommunications service Paragraph (53) is amended by adding at the end the following: Such term does not include any service that is an information service, any component of an information service, or advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 )). . (b) Broadband Internet access service defined Section 3 of the Communications Act of 1934 is further amended— (1) by redesignating paragraphs (6) through (59) as paragraphs (7) through (60), respectively; and (2) by inserting after paragraph (5) the following: (6) Broadband Internet access service The term broadband Internet access service means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. Broadband Internet access service is an information service, and includes a service utilizing advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)). .
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113-hr-4753
I 113th CONGRESS 2d Session H. R. 4753 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Mr. McDermott (for himself, Mr. Waxman , Mr. Larson of Connecticut , Mr. Blumenauer , and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide incentives for clean energy and to repeal fossil fuel subsidies for big oil companies. 1. Short title; table of contents (a) Short title This Act may be cited as the Investing to Modernize the Production of American Clean Energy and Technology Act of 2014 or as the IMPACT Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Clean energy incentives Subtitle A—Renewable energy Sec. 101. Extension of renewable energy credits. Sec. 102. Extension of election of investment tax credit in lieu of production credit. Sec. 103. Extension of qualifying advanced energy project credit. Sec. 104. Extension of credit for energy-efficient new homes. Sec. 105. Extension of credit for energy-efficient appliances. Subtitle B—Electric, natural gas, and hydrogen vehicles Sec. 111. Increase and expansion of credit for qualified plug-in electric drive motor vehicles. Sec. 112. Extension of new qualified alternative fuel motor vehicle credit for heavy natural gas vehicles. Sec. 113. Modification of credit for alternative fuel vehicle refueling property for vehicles powered by electricity, natural gas, or hydrogen. Sec. 114. Electric, natural gas, and hydrogen vehicle refueling property tax credit bonds. Title II—Repeal of fossil fuel subsidies for big oil companies Sec. 201. Prohibition on using last-in, first-out accounting for major integrated oil companies. Sec. 202. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers. Sec. 203. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof. Sec. 204. Limitation on deduction for intangible drilling and development costs. Sec. 205. Limitation on percentage depletion allowance for oil and gas wells. Sec. 206. Limitation on deduction for tertiary injectants. I Clean energy incentives A Renewable energy 101. Extension of renewable energy credits (a) Wind, biomass, geothermal, small irrigation, landfill gas, hydropower, marine, and hydrokinetic Each of the following provisions of section 45(d) of such Code is amended by striking January 1, 2014 each place it appears and inserting January 1, 2024 : (1) Paragraph (1). (2) Clauses (i) and (ii) of paragraph (2)(A). (3) Clauses (i)(I) and (ii) of paragraph (3)(A). (4) Paragraph (4). (5) Paragraph (6). (6) Subparagraphs (A) and (C) of paragraph (9). (7) Subparagraph (B) of paragraph (11). (b) Early termination in event of Federal renewable electricity requirement Subsection (d) of section 45 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Termination in event of Federal renewable electricity requirement Notwithstanding any other provision of this section, the term qualified facility shall not include any property which is placed in service after the date which is 1 year after the date on which the Secretary of Energy makes a public declaration that a Federal law is in effect which requires retail electric suppliers in the United States to supply minimum and significant amounts of electric energy which is generated from renewable sources to customers for purposes other than resale. . 102. Extension of election of investment tax credit in lieu of production credit (a) In general Clause (ii) of section 48(a)(5)(C) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 and inserting January 1, 2024 . (b) Limitation Paragraph (5) of section 48(a) of such Code is amended by adding at the end the following new subparagraphs: (E) Limitation In the case of a qualifying offshore wind facility to which this paragraph applies and the total megawatt nameplate capacity of which exceeds 3,000 megawatts, the basis which would (but for this subparagraph) be taken into account under subsection (a) with respect to such facility shall not exceed the amount which bears the same ratio to such basis as— (i) 3000 megawatts, bears to (ii) the total megawatt nameplate capacity of such facility. (F) Qualifying offshore wind facility For purposes of this paragraph— (i) In general The term qualifying offshore wind facility means an offshore facility using wind to produce electricity. (ii) Offshore facility The term offshore facility means any facility located in the inland navigable waters of the United States, including the Great Lakes, or in the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of the United States, and the Outer Continental Shelf of the United States. For purposes of the preceding sentence, the term United States has the meaning given in section 638(1). . (c) Effective date The amendments made by this section shall apply to facilities placed in service after December 31, 2013. 103. Extension of qualifying advanced energy project credit Paragraph (1) of section 48C(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Additional limitation amount (i) In general The total amount of credits that may be allocated under the program shall be increased by $5,000,000,000. (ii) Applications Notwithstanding the deadline for submitting applications specified in paragraph (2)(A), an applicant for certification with respect to credits allocated pursuant to clause (i) may submit an application to the Secretary at such time and in such manner as the Secretary may provide. (iii) Review, redistribution, and reallocation Notwithstanding the deadline for review specified in paragraph (4)(A), the Secretary shall review the credits allocated pursuant to clause (i) at such time as the Secretary determines appropriate. . 104. Extension of credit for energy-efficient new homes (a) In general Subsection (g) of section 45L of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2016 . (b) Effective date The amendment made by this section shall apply to homes acquired after December 31, 2013. 105. Extension of credit for energy-efficient appliances (a) In general Section 45M(b) of the Internal Revenue Code of 1986 is amended by striking or 2013 each place it appears and inserting 2013, 2014, 2015, or 2016 . (b) Effective date The amendments made by this section shall apply to appliances produced after December 31, 2013. B Electric, natural gas, and hydrogen vehicles 111. Increase and expansion of credit for qualified plug-in electric drive motor vehicles (a) Increase in dollar limitation Paragraph (2) of section 30D(b) of the Internal Revenue Code of 1986 is amended by striking $2,500 and inserting $5,000 . (b) Increase in limitation on number of vehicles eligible for credit Paragraph (2) of section 30D(e) of such Code is amended by striking 200,000 and inserting 400,000 . (c) Effective date The amendment made by this section shall apply to vehicles acquired after the date of the enactment of this Act. 112. Extension of new qualified alternative fuel motor vehicle credit for heavy natural gas vehicles (a) In general Paragraph (4) of section 30B(k) of the Internal Revenue Code of 1986 is amended by inserting (December 31, 2018, in the case of a vehicle powered by compressed or liquefied natural gas and weighing more than 8,500 pounds) before the period at the end. (b) Effective date The amendment made by this section shall apply to vehicles purchased after the date of the enactment of this Act. 113. Modification of credit for alternative fuel vehicle refueling property for vehicles powered by electricity, natural gas, or hydrogen (a) Special Rules for Property Placed in Service Before January 1, 2021 Subsection (e) of section 30C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Property for recharging vehicles powered by electricity, natural gas, or hydrogen In the case of property placed in service after December 31, 2013, and before January 1, 2021, which relates to electricity, natural gas, or hydrogen— (A) subsection (a) shall be applied by substituting 50 percent for 30 percent , (B) subsection (b)(1) shall be applied by substituting $50,000 for $30,000 , and (C) subsection (b)(2) shall be applied by substituting $2,000 for $1,000 . . (b) Installation Costs Subsection (e) of section 30C of such Code, as amended by subsection (a), is amended by adding at the end the following: (8) Installation costs The cost of any qualified alternative fuel vehicle refueling property which relates to electricity, natural gas, or hydrogen shall include the cost of the original installation of such property. . (c) Termination of Credit Paragraph (1) of section 30C(g) of such Code is amended to read as follows: (1) in the case of property relating to electricity, natural gas, or hydrogen, after December 31, 2020, and . (d) Effective Date The amendments made by this section shall apply to property placed in service after December 31, 2013. 114. Electric, natural gas, and hydrogen vehicle refueling property tax credit bonds (a) In General Paragraph (1) of section 54A(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (D), by inserting or at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: (F) a qualified electric, natural gas, and hydrogen vehicle refueling property bond, . (b) Qualified Purpose Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and , and by adding at the end the following new clause: (vi) in the case of a qualified electric, natural gas, and hydrogen vehicle refueling property bond, a purpose specified in section 54G(a)(1). . (c) Bonds Allowed Subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new section: 54G. Qualified electric, natural gas, and hydrogen vehicle refueling property bonds (a) Qualified Electric, Natural Gas, and Hydrogen Vehicle Refueling Property Bond For purposes of this subpart, the term qualified electric, natural gas, and hydrogen vehicle refueling property bond means any bond issued as part of an issue if— (1) 100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by a qualified issuer for 1 or more qualified electric, natural gas, and hydrogen vehicle refueling properties, (2) the bond is issued by a qualified issuer, and (3) the issuer designates such bond for purposes of this section. (b) Reduced Credit Amount Notwithstanding paragraph (2) of section 54A(b), the annual credit determined with respect to any qualified electric, natural gas, and hydrogen vehicle refueling property bond is 70 percent of the amount which would (but for this subsection) otherwise be determined under such paragraph with respect to such bond. (c) Limitation on Amount of Bonds Designated The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated to such issuer under subsection (e). (d) National Limitation on Amount of Bonds Designated There is a national qualified electric, natural gas, and hydrogen vehicle refueling property bond limitation of $750,000,000. (e) Allocations The Secretary shall make allocations of the amount of the national qualified electric, natural gas, and hydrogen vehicle refueling property bond limitation described in subsection (d) among purposes described in subsection (a)(1) in such manner as the Secretary determines appropriate. (f) Definitions For purposes of this section— (1) Qualified electric, natural gas, and hydrogen vehicle refueling property The term qualified electric, natural gas, and hydrogen vehicle refueling property means any qualified alternative fuel vehicle refueling property (within the meaning of section 30C) which relates to electricity, natural gas, or hydrogen. (2) Qualified issuer (A) In general The term qualified issuer means a public power provider, a cooperative electric company, or a governmental body. (B) Governmental body The term governmental body means any State or Indian tribal government, or any political subdivision thereof. (C) Public power provider The term public power provider means a State utility that has a service obligation to end-users or to a distribution utility (within the meaning of section 217 of the Federal Power Act, as in effect on the date of the enactment of this section). (D) Cooperative electric company The term cooperative electric company means a mutual or cooperative electric company described in section 501(c)(12) or an organization described in section 1381(a)(2)(C). . (d) Clerical Amendment The table of sections for subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 54G. Qualified electric, natural gas, and hydrogen vehicle refueling property bonds. . (e) Effective Date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. II Repeal of fossil fuel subsidies for big oil companies 201. Prohibition on using last-in, first-out accounting for major integrated oil companies (a) In general Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Major integrated oil companies Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)(5)(B)) may not use the method provided in subsection (b) in inventorying of any goods. . (b) Effective date and special rule (1) In general The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. (2) Change in method of accounting In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act— (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. 202. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to major integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (b) Effective Date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. 203. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof (a) Denial of deduction Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Special rule for certain oil and gas income In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term domestic production gross receipts shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 204. Limitation on deduction for intangible drilling and development costs (a) In general Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)). . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. 205. Limitation on percentage depletion allowance for oil and gas wells (a) In general Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Application with respect to major integrated oil companies In the case of any taxable year in which the taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)), the allowance for percentage depletion shall be zero. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 206. Limitation on deduction for tertiary injectants (a) In general Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Application with respect to major integrated oil companies This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)). . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013.
https://www.govinfo.gov/content/pkg/BILLS-113hr4753ih/xml/BILLS-113hr4753ih.xml
113-hr-4754
I 113th CONGRESS 2d Session H. R. 4754 IN THE HOUSE OF REPRESENTATIVES May 28, 2014 Mr. McDermott 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 the Internal Revenue Code of 1986 to reduce greenhouse gas emissions by requiring a Federal emission permit for the sale or use of covered substances and to return funds to the American people. 1. Short title This Act may be cited as the Managed Carbon Price Act of 2014 . 2. Greenhouse Gas Emission Substances (a) In general The Internal Revenue Code of 1986 is amended by adding at the end the following: L Greenhouse Gas Emission Substances Sec. 9901. Condition precedent to sale or use of greenhouse gas emission substance. Sec. 9902. Federal emission permit. Sec. 9903. Definitions. Sec. 9904. Information reporting requirements. Sec. 9905. Regulations. 9901. Condition precedent to sale or use of greenhouse gas emission substance (a) In general No covered person may sell any greenhouse gas emission substance except pursuant to a Federal emission permit for each carbon dioxide equivalent that the Administrator of the Environmental Protection Agency determines would be emitted from the combustion or other greenhouse gas emitting use of such substance. (b) Covered person For purposes of this subtitle, the term covered person means— (1) in the case of coal (including lignite and peat) produced from a mine in the United States, the producer of such coal, (2) in the case of crude oil or petroleum products received at a United States refinery, the operator of the United States refinery, (3) in the case of natural gas, the first seller of such natural gas, (4) in the case of any greenhouse gas emission substance not described in paragraph (1), (2), or (3) produced in the United States, the producer of such substance, and (5) in the case of any greenhouse gas emission substance entered into the United States for consumption, use, or warehousing, the person entering such substance for consumption, use, or warehousing. (c) Use treated as sale (1) In general If any person uses a greenhouse gas emission substance before the first retail sale of such substance, then such person shall be liable for the purchase of a Federal emission permit under section 9902 in the same manner as if such substance were sold at retail on the date of such use by such person pursuant to a Federal emission permit. (2) Exemption for use in further manufacture Paragraph (1) shall not apply to use of a greenhouse gas emission substance as material in the manufacture or production of, or as a component part of, another article to be manufactured or produced by such person. (d) Exceptions Subsection (a) shall not apply to— (1) a greenhouse gas emission substance to be used for noncombustion agricultural purposes, or (2) a greenhouse gas emission substance with respect to which a Federal emission permit has previously been purchased. (e) Importation of Carbon Intensive Goods (1) Greenhouse gas emission permit equivalency fees The Secretary shall impose a greenhouse gas emission permit equivalency fee on imports of carbon intensive goods that shall be equivalent to the cost that domestic producers of comparable carbon intensive goods incur as a result of— (A) permit fees paid by covered persons for greenhouse gas emission substances under this section, and (B) greenhouse gas emission permit equivalency fees paid by importers of carbon intensive goods used in the production of the comparable carbon intensive goods in question. (2) Expiration Paragraph (1) and section 6433(b) shall cease to have effect at such time as and to the extent that— (A) an international agreement requiring countries that emit greenhouse gases and produce carbon intensive goods for international markets to adopt equivalent measures comes into effect, and (B) the country of export has implemented equivalent measures, and the actions provided for by paragraph (1) and section 6433(b) are no longer appropriate. 9902. Federal emission permit (a) In general The Secretary shall, subject to subsection (d), issue Federal emission permits, as provided for in this subtitle. A Federal emission permit may only be obtained upon making payment to the Secretary. (b) Rules relating to permits For purposes of this subtitle— (1) Each Federal emission permit shall be denominated in one-quarter carbon dioxide equivalents. (2) A Federal emission permit may only be purchased within fourteen calendar days before or after a greenhouse gas emission substance is produced or entered into the United States, as the case may be. (3) Except as provided in subsection (a), a Federal emission permit may not be sold, exchanged, or otherwise transferred. (c) Permit Price (1) In general The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, shall establish the price of obtaining a Federal emission permit for a calendar year based on a determination of the dollar amount necessary to meet the emissions reductions targets specified in subsection (d). (2) 5-year price schedule (A) In general Not later than January 1, 2016, the Secretary shall publish a schedule of the prices determined under paragraph (1) for obtaining a Federal emission permit during each of the five years from 2017 to 2021. The Secretary shall publish the price for obtaining a Federal emission permit in each year after 2020 no later than five years before January 1 of the applicable year. (B) Reduction in price if target reductions being exceeded If the Secretary determines— (i) that greenhouse gas emissions are being reduced at a rate that exceeds the reduction expected in national greenhouse gas emissions for the year, and (ii) that the Federal permit price can be reduced while still attaining the national greenhouse gas emission target reductions specified in subsection (d) for the year, the Secretary may, at any time before the beginning of the year, reduce the Federal permit price for that year. (3) Increase in price if target reductions not being met If the Secretary determines that the reduction of greenhouse gas emissions is failing to meet the target reductions specified in subsection (d) for a year in such period, the Secretary may increase the Federal permit price for permits no earlier than 2 years after the year for which the determination is made. (4) Maximum and Minimum Price (A) In general Not later than January 1, 2023, and every 10 years thereafter, the Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, shall publish a 10-year schedule of the minimum and maximum prices for Federal emissions permits. (B) Prices specified The maximum and minimum price for a Federal emission permit issued by the Secretary in a year may not be below the minimum price or the maximum price for the corresponding year specified in the following table: Year: Minimum Price is: Maximum Price is: 2015 $6.25 $18.75 2016 $18.75 $31.25 2017 $31.25 $43.75 2018 $43.75 $56.25 2019 $56.25 $68.75 2020 $68.75 $82.25 2021 $81.25 $93.75 2022 $93.75 $106.25 2023 $106.25 $118.75 2024 $118.75 $131.25. (C) Adjustment for inflation In the case of any calendar year beginning after 2015, each dollar amount contained in the table in subparagraph (B) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost of living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. (d) National Limitation (1) Targets For purposes of this section— (A) 2015 through 2019 The average emissions for the period 2015 through 2019 shall be no more than the carbon dioxide equivalents emitted in the United States in 2005. (B) 2025 through 2029 The average emissions for the period 2025 through 2029 shall be no more than 70 percent of the carbon dioxide equivalents emitted in the United States in 2005. (C) 2035 through 2039 The average emissions for the period 2035 through 2039 shall be no more than 50 percent of the carbon dioxide equivalents emitted in the United States in 2005. (D) 2045 through 2049 The average emissions for the period 2045 through 2049 shall be no more than 30 percent of the carbon dioxide equivalents emitted in the United States in 2005. (E) 2055 through 2059 The average emissions for the period 2055 through 2059 shall be no more than 20 percent of the carbon dioxide equivalents emitted in the United States in 2005. (2) Determination of 2005 levels For purposes of subparagraph (A), the number of metric tons of carbon dioxide equivalents emitted in the United States in 2005 shall be the number determined under section 1605(a) of the Energy Policy Act of 1992 and published by the Energy Information Administration. (e) Report (1) In general Not later than the second March 1 after the date of the enactment of the Managed Carbon Price Act of 2014 , and annually thereafter, the Secretary shall publish a report describing— (A) the extent to which the United States greenhouse gas emission limitations specified under subsection (d) are being achieved, (B) the United States greenhouse gas emission permits sold during the previous calendar year and the impact of the number of such permits on greenhouse gas emissions in the United States, and (C) the total greenhouse gas emissions worldwide for the previous calendar year in relation to such emissions for 2005. (2) Report details Such report shall include— (A) an explanation of the methodology and assumptions the Secretary has used in establishing prices under this section, and (B) an estimation, or range of estimations, of the price of permits for the 10-year period following the current prices published under subsection (c). 9903. Definitions (a) In general For purposes of this subtitle— (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Carbon dioxide equivalent The term carbon dioxide equivalent means, for each greenhouse gas emission substance, the quantity of the greenhouse gas emission substance that the Administrator determines makes the same contribution to global warming as 1 metric ton of carbon dioxide. (3) Greenhouse gas emission substance The term greenhouse gas emission substance means— (A) coal (including lignite, peat, and derivatives of coal), to be used as a combustion fuel, (B) petroleum and any petroleum product, to be used as a combustion fuel, (C) natural gas (including the gasses released as a result of flaring or venting such natural gas), (D) methane, (E) nitrous oxide, (F) sulfur hexafluoride, (G) a perfluorocarbon, (H) a hydrofluorocarbon, and (I) any other substance that is determined by the Administrator to contribute to global warming to a nonnegligible degree. (4) Federal emission permit The term Federal emission permit means a permit required under section 9901. (5) Carbon intensive good The term carbon intensive good means— (A) (i) iron, steel, any steel mill product (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, chemicals, and industrial ceramics, and (ii) any other manufactured product that the Secretary determines— (I) is sold for purposes of further manufacture, and (II) generates, in the course of the manufacture of the product, direct and indirect greenhouse gas emissions that are comparable (on an emissions per dollar of output basis) to emissions generated in the manufacture or production of a good identified in clause (i), and (B) a manufactured item in which one or more goods identified under subparagraph (A) are inputs and the cost of production of which in the United States the Secretary determines is significantly increased by this subtitle. (6) Petroleum product The term petroleum product has the meaning given such term in section 4612(a)(3). (b) Identification of carbon intensive goods The determinations by the Secretary required by subsection (a)(5) shall be by rule. (c) Publication of schedule Not later than one year after the date of the enactment of the Managed Carbon Price Act of 2014 , the Administrator, in consultation with the Secretary and the Secretary of Energy, shall publish a schedule listing each greenhouse gas emission substance and the quantity of each substance required to make 1 metric ton of carbon dioxide. The Administrator, in consultation with the Secretary and the Secretary of Energy, may update such schedule from time to time. 9904. Information reporting requirements Secretary may solicit information from covered persons regarding estimated future use of greenhouse gas emissions substances. 9905. Regulations The Secretary shall issue such regulations as may be necessary or appropriate to carry out this subtitle, including regulations relating to the timely and efficient issuance of permits and collection of payments for such permits. . (b) Refund of Federal emission permit fee Subchapter B of chapter 65 of such Code is amended by adding at the end the following new section: 6433. Refunds of Federal emission permit fee for certain uses (a) In general If a Federal emission permit has been acquired with respect to a greenhouse gas emission substance pursuant to section 9902 and the acquirer of such permit uses such substance in a manner that will make a negligible or no contribution to global warming, as determined by the Secretary in consultation with the Administrator of the Environmental Protection Agency, the Secretary shall pay (without interest) to the acquirer of such substance pursuant to such permit an amount equal to the amount paid for the applicable Federal emission permit. (b) Payments to exporters The Secretary shall pay (without interest) to the exporter of a carbon intensive good (as defined in section 9903(5)) produced in the United States an amount equal to the cost that domestic producers of such carbon intensive goods incur as a result of— (1) the dollar amount paid by covered persons for Federal emission permits for greenhouse gas emission substances under this section 9902, and (2) greenhouse gas emission permit equivalency fees paid under section 9901(e) by importers of carbon intensive goods used in the production of the comparable carbon intensive goods in question. . (c) Failure To obtain permit Chapter 38 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: E Greenhouse Gas Emission Substances Sec. 4691. Greenhouse gas emission substances. 4691. Greenhouse gas emission substances (a) Imposition of tax There is hereby imposed on any covered person who fails to obtain a Federal emission permit pursuant to subtitle L a tax equal to 100 percent of the dollar amount of the fee that would have been charged for such permit but for such failure. (b) Covered person The term covered person has the meaning given such term by section 9901(b). (c) Federal emission permit The term Federal emission permit means a permit required under section 9901. (d) Coordination The tax imposed under this section is in addition to the fee imposed under subtitle L. . (d) Establishment of Energy and Economic Security Trust Fund (1) Finding The Congress finds that revenue generated from the sale of Federal emission permits must be recycled into the American economy— (A) to facilitate economic growth and clean energy production, and (B) to protect the economic security of American families and communities. (2) Establishment of trust fund Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: 9512. Energy and Economic Security Trust Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the Energy and Economic Security Trust Fund (referred to in this section as the Trust Fund ), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). (b) Transfers to Trust Fund There is hereby appropriated to the Trust Fund an amount equivalent to the amounts received in the Treasury pursuant to subtitle L. (c) Expenditures from Trust Fund (1) In general The Secretary shall pay monthly from the Trust Fund the dividend amount to each taxpayer. (2) Dividend amount For purposes of paragraph (1), the term dividend amount means the sum of— (A) (i) in the case of the taxpayer filing a joint return, the individual share for the husband and the individual share for the wife, and (ii) in the case of a taxpayer other than a taxpayer described in subparagraph (A), the individual share, and (B) in the case of an individual who is a dependent (as defined in section 152) of the taxpayer, ½ of the individual share. For purposes of subparagraph (B), not more than 2 dependents may be taken into account for each taxpayer. (3) Individual share For purposes of this subsection, the term individual share means the amount determined by the Secretary by dividing the total amount deposited in the Trust Fund for the month by the total number of individual shares payable at the end of such month. (4) Limitation For purposes of this subsection— (A) In general No amount is payable under this subsection with respect to an individual unless the individual is a qualified individual. (B) Qualified individual The term qualified individual means an individual who is a lawful resident of the United States on the date of such payment. For purposes of ensuring that payments are made under this subsection to all qualified individuals, the Secretary shall consult with such other Federal and State officials as the Secretary determines necessary or appropriate. (C) United States For purposes of subparagraph (B), the United States includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. . (e) Conforming and clerical amendments (1) The table of subchapters for chapter 38 of such Code is amended by adding at the end the following new item: Subchapter E. Greenhouse Gas Emission Substances . (2) The table of subtitles for the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subtitle L. Greenhouse Gas Emission Substances . (3) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6433. Refunds of Federal emission permit fee for certain uses. . (4) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: Sec. 9512. Energy and Economic Security Trust Fund. . (f) Effective date The amendments made by this section shall apply with respect to the sale of any greenhouse gas emission substance after December 31, 2014.
https://www.govinfo.gov/content/pkg/BILLS-113hr4754ih/xml/BILLS-113hr4754ih.xml
113-hr-4755
I 113th CONGRESS 2d Session H. R. 4755 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Thompson of Pennsylvania (for himself and Mr. Butterfield ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to include recreational therapy among the therapy modalities that constitute an intensive rehabilitation therapy program in an inpatient rehabilitation hospital or unit. 1. Short title This Act may be cited as the Access to Inpatient Rehabilitation Therapy Act of 2014 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Intensive, coordinated medical rehabilitation provided in inpatient rehabilitation hospitals and units is critical to Medicare beneficiaries with injuries, illnesses, disabilities, and chronic conditions in order to return to health, full function, independent living, and a high quality of life. (2) The Centers for Medicare & Medicaid Services (in this section referred to as CMS ) uses an intensity of therapy requirement to help determine which Medicare beneficiaries are appropriate for treatment in an inpatient rehabilitation hospital or unit. CMS has interpreted the intensity of therapy requirement through application of the so-called Three Hour Rule (42 C.F.R. 412.622(a)(3)(ii)) which requires the patient to be able to participate in three hours of rehabilitation therapy per day, five days per week, or 15 hours of rehabilitation therapy over a one-week period. (3) Before 2010, CMS regulations explicitly stated that physical therapy, occupational therapy, speech therapy, and/or orthotics and prosthetics were counted toward the Three Hour Rule on an as-needed basis. In addition, CMS regulations stated that other therapeutic modalities that were determined by the physician and the rehabilitation team to be needed by the patient on a priority basis would qualify toward satisfaction of the rule (HCFA Ruling 85–2). (4) This language allowed recreational therapy to count toward satisfaction of the Three Hour Rule for patients who required this mix of therapies on a priority basis in the inpatient rehabilitation hospital or unit setting. (5) CMS by regulation (74 Fed. Reg. 39811 (August 7, 2009)) revised these prior regulations, effective January 1, 2010, by limiting the Three Hour Rule to recognize only four services (namely, physical, occupational, and speech therapy as well as orthotics and prosthetics) and removing the discretion of the physician and the rehabilitation team to count other therapeutic services needed by the patient toward satisfaction of the Three Hour Rule. As a result, recreational therapy services are often not available to patients who require medically necessary recreational therapy as part of their plan of care. (6) Recreational therapy is a treatment service designed to restore, remediate, and rehabilitate a patient’s level of functioning and independence in life activities, to promote health and wellness as well as to reduce or eliminate the activity limitations and restrictions to participation in life situations caused by an illness or disabling condition. Recreational therapy in the inpatient rehabilitation hospital and unit setting is provided by qualified recreational therapists when required by the patient’s condition and prescribed by a physician as part of a patient’s plan of care. (b) Purpose It is the purpose of this Act to restore reliance on the professional judgment of the treating physician and the rehabilitation team when determining whether a Medicare patient meets the intensity of therapy requirement of an inpatient rehabilitation hospital or unit in order for that patient to gain access to the appropriate mix of medically necessary therapeutic rehabilitation services in that setting, including physical therapy, occupational therapy, and, as needed, speech therapy, orthotics and prosthetics, and recreational therapy. 3. Including recreational therapy among the therapy modalities that constitute an intensive rehabilitation therapy program in determining the medical necessity of services in an inpatient rehabilitation facility (IRF) (a) In general Section 1886(j) of the Social Security Act ( 42 U.S.C. 1395ww(j) ) is amended by adding at the end the following new paragraph: (9) Including recreational therapy among therapy modalities that constitute an intensive rehabilitation therapy program in a rehabilitation facility The Secretary shall include recreational therapy services among the therapeutic modalities that constitute an intensive rehabilitation program in determining (pursuant to applicable regulations) whether inpatient services in a rehabilitation facility are reasonable and necessary under section 1862(a)(1)(A). . (b) Effective date The amendment made by section (a) shall apply to services furnished on or after January 1, 2015.
https://www.govinfo.gov/content/pkg/BILLS-113hr4755ih/xml/BILLS-113hr4755ih.xml
113-hr-4756
I 113th CONGRESS 2d Session H. R. 4756 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Cartwright (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require reporting of bullying to appropriate authorities and assist with equal protection claims against entities who fail to respond appropriately to bullying, and for other purposes. 1. Short title This Act may be cited as the Bullying Redress and Verified Enforcement Act or the BRAVE Act . 2. Reporting requirements Title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ) is amended by inserting after section 9534 the following: 9534A. Bullying (a) Official Reporting Requirements (1) Report of bullying (A) In general Subject to subparagraph (B), a local educational agency shall require an employee of the local educational agency who becomes aware of bullying to report to the individual designated under paragraph (2) by not later than 7 business days after becoming aware of such bullying a description of— (i) the acts that constituted bullying; (ii) if the bullying included a reference to or was motivated by an actual or perceived protected characteristic of the victim, such protected characteristic; and (iii) the response to such bullying by employees of the local educational agency. (B) Exception Notwithstanding subparagraph (A), in the case of an employee of a local educational agency who is informed of bullying by a student attending a school served by the local educational agency, but the student requests that such bullying not be reported by the employee, the employee shall not be required to report such bullying under subparagraph (A). (2) Receipt of reports A local educational agency shall designate an individual to receive reports of bullying and shall inform each employee of the local educational agency of the contact information of the individual so designated. (3) Reporting to the local educational agency Not later than 60 days after the date of the receipt of a report under paragraph (1), the individual designated under paragraph (2) shall inform all employees of the local educational agency of the acts described and the response by employees of the local educational agency and shall exclude any personally identifiable information of any student involved. (4) Publicly available quarterly reports (A) In general Subject to subparagraph (B), a local educational agency shall publish and make available to all students served by the local educational agency and parents of such students a report on a quarterly basis that— (i) summarizes the bullying reported since the previous quarterly report; (ii) summarizes the responses by employees of the local educational agency to such bullying; (iii) excludes any personally identifiable information of any student involved; and (iv) informs the public of the right to file a complaint under subsection (b)(2). (B) Exception A local educational agency shall not publish a report under subparagraph (A) in a case in which such publication would reveal personally identifiable information about an individual student. (5) Annual policy review Each local educational agency shall review, on an annual basis, the policies on bullying for schools served by the local educational agency. (b) Federal enforcement (1) Condition of federal funding As a condition of receiving funds under this Act, a local educational agency shall— (A) annually certify to the Secretary in writing that such local educational agency has complied with this section; and (B) together with such certification, submit the 4 most recent quarterly reports published preceding such certification pursuant to subsection (a)(4). (2) Federal receipt of complaints The Assistant Secretary who serves as the head of the Office of Civil Rights for the Department of Education shall— (A) establish a procedure for a student of a local educational agency, a parent of such student, or another appropriate individual to submit to the Assistant Secretary a complaint relating to a failure to comply with this section; and (B) publish such procedure on the Internet website of the Department of Education. (3) Federal response to complaints After receiving a complaint pursuant to paragraph (2), the Assistant Secretary shall— (A) investigate such complaint to determine if a local educational agency failed to comply with this section; and (B) if such local educational agency is determined under subparagraph (A) to have failed to comply with this section— (i) withhold further payment of funds under this Act to such local educational agency; (ii) issue a complaint to compel compliance of such local educational agency through a cease and desist order; or (iii) enter into a compliance agreement with such local educational agency to bring it into compliance with this section, in the same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act. (4) Public availability of information about complaints Not later than 60 days after receiving a complaint pursuant to subsection (b)(2), the Assistant Secretary shall make available on the Internet website of the Department of Education information about such complaint, which shall— (A) if the bullying included a reference to or was motivated by an actual or perceived protected characteristic of the victim, include a description of such protected characteristic; and (B) exclude any personally identifiable information of any student involved. (c) Definitions In this section: (1) Bullying The term bullying means any severe, pervasive, or persistent electronic, written, verbal, or physical act by one student or a group of students toward another student during school hours and on school premises, or at a school-sponsored activity outside of school hours, that causes— (A) harm to or reasonable concern for the person, property, or mental health of such other student; or (B) such other student to withdraw from or avoid benefitting from the services, activities, or opportunities offered by the school. (2) Protected characteristic The term protected characteristic includes race, color, sex, religion, national origin, disability, gender, gender identity, and sexual orientation. .
https://www.govinfo.gov/content/pkg/BILLS-113hr4756ih/xml/BILLS-113hr4756ih.xml