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113-hr-4757
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I 113th CONGRESS 2d Session H. R. 4757 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Latham introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes.
1. Expansion of certain exceptions to the private activity bond rules for first-time farmers (a) Increase in dollar limitation (1) In general Section 147(c)(2)(A) of the Internal Revenue Code of 1986 is amended by striking $450,000 and inserting $509,600 . (2) Repeal of separate lower dollar limitation on used farm equipment Section 147(c)(2) of such Code is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3) Qualified small issue bond limitation conformed to increased dollar limitation Section 144(a)(11)(A) of such Code is amended by striking $250,000 and inserting $509,600 . (4) Inflation adjustment (A) In general Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended— (i) by striking after 2008, the dollar amount in subparagraph (A) shall be increased and inserting after 2014, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased , and (ii) by striking 2007 in clause (ii) and inserting 2013 . (B) Cross reference Section 144(a)(11) of such Code is amended by adding at the end the following new subparagraph: (D) Inflation adjustment For inflation adjustment of dollar amount contained in subparagraph (A), see section 147(c)(2)(G). . (b) Substantial farmland determined on basis of average rather than median farm size Section 147(c)(2)(E) of such Code is amended by striking median and inserting average . (c) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.
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113-hr-4758
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I 113th CONGRESS 2d Session H. R. 4758 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Carney introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Labor to create a searchable database containing a credentials registry, a skills database, and a jobs bank.
1. Short title This Act may be cited as the Skills Connection Act . 2. Creation of searchable database (a) In general Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall create a publicly available, easily navigable, and searchable database containing the following: (1) A registry of credentials (which may be certificates), for purposes of enabling programs that lead to such a credential to receive priority under a covered provision. (2) A skills database, for purposes of enabling programs that lead to such a credential to receive priority under a covered provision. (3) A jobs bank. (b) Credentials registry In creating a registry of credentials, the Secretary shall— (1) list the credential in the registry if the credential is required by Federal or State law for an occupation (such as a credential required by a State law regarding qualifications for a health care occupation); (2) list the credential, and list an updated credential, in the registry if the credential involved is an industry-recognized, nationally portable credential that is consistent with the Secretary's established industry competency models and is consistently updated through third party validation to reflect changing industry competencies; and (3) for each credential listed in the registry, provide an assessment of which skills listed in the skills database created under subsection (c) align with or are related to the requirements of the credential. (c) Skills database In creating a skills database, the Secretary shall— (1) list identifiable skills that are required for employment in the manufacturing sector, as determined by the Secretary— (A) by using Manufacturing Institute-Endorsed Manufacturing Skills Certification System or similar resource; or (B) by consulting with an organization similar to the Manufacturing Institute; (2) after consultation with the Manufacturing Institute or similar organization and representatives of the Armed Forces list identifiable skills developed through service in the Armed Forces; and (3) for each skill listed under paragraphs (1) and (2), include information about how that skill aligns with or is related to the requirements for the credentials listed under the credentials registry created under subsection (b). (d) Jobs bank In creating a jobs bank, the Secretary shall— (1) enable job seekers to— (A) enter basic information through the statewide employment statistics system established under section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49l–2 ) for their State of residence about their skills, experience, credentials, and preferred area of employment; and (B) browse job listings submitted by employers to such jobs bank that match the credentials, experience, or other qualifications entered under subparagraph (A); (2) automatically match available jobs with job seekers who have matching qualifications; and (3) enable information relating to shortages in certain skills or credentials available to be utilized by State workforce investment board established under section 111 of the Workforce Investment Board of 1998 ( 29 U.S.C. 49j ) and others to inform decisions about how to allocate workforce development resources. (e) Rule of construction Nothing in this Act shall be construed— (1) to require an entity with responsibility for selecting or approving an education, training, or workforce investment activities program with regard to a covered provision, to select a program with a credential listed in the registry described in subsection (b); or (2) to be an endorsement of a skill listed under the skills database described in subsection (c) by the Secretary of Labor or the Federal Government. (f) Availability of funds For each fiscal year, funds shall be available from the amount appropriated for each such fiscal year for the Workforce Innovation Fund established under section 1801(a)(3) of title VIII of division B of Public Law 112–10 for the costs of carrying out the provisions of this Act. (g) Definitions In this section: (1) Armed Forces The term Armed Forces means the Army, Navy, Air Force, and Marine Corps. (2) Covered provision The term covered provision means any of sections 129 and 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 , 2864), section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2342(c)(1)(B) ), and section 236 of the Trade Act of 1974 ( 19 U.S.C. 2296 ). (3) Industry recognized credential The term industry-recognized , used with respect to a credential, means a credential that— (A) is sought or accepted by companies within the industry sector involved as recognized, preferred, or required for recruitment, screening, or hiring; and (B) is endorsed by a nationally recognized trade association or organization representing a significant part of the industry sector. (4) Nationally portable The term nationally portable , used with respect to a credential, means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring. (5) Secretary The term Secretary means the Secretary of Labor. (6) Workforce investment activities The term workforce investment activities has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).
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113-hr-4759
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I 113th CONGRESS 2d Session H. R. 4759 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. LoBiondo introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program under which eligible veterans may elect to receive hospital care and medical services at non-Department of Veterans Affairs facilities, and for other purposes.
1. Pilot program on Department of Veterans Affairs fee-basis health care (a) Pilot program Beginning not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a two-year pilot program under which— (1) eligible veterans may elect to receive hospital care and medical services at non-Department of Veterans Affairs facilities; and (2) the Secretary shall reimburse such facilities for the cost of such care and services. (b) Eligible veteran For purposes of the pilot program under this section, an eligible veteran is a veteran who— (1) is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code; and (2) resides in a geographic area selected by the Secretary under subsection (c). (c) Selection of geographic areas The Secretary shall select one geographic area within each Veterans Integrated Service Network for participation in the pilot program. For Veterans Integrated Service Network 4, the Secretary shall select NJ–2 as the geographic area for participation in the pilot program. (d) Identification card Under the pilot program, the Secretary shall issue to each eligible veteran who elects to receive hospital care and medical services at non-Department facilities a unique identification card. The Secretary shall take such steps as may be necessary to ensure that such veterans receive such care and services at such non-Department facilities upon presentation of the identification card. (e) Report Not later than 180 days after the conclusion of the pilot program under this section, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the pilot program. Such report shall include the Secretary’s analysis of the success of the pilot program and any recommendations for extending or expanding the pilot program.
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113-hr-4760
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I 113th CONGRESS 2d Session H. R. 4760 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Ribble 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 ability of veterans to receive health care at private medical facilities.
1. Short title This Act may be cited as the Veterans’ Health Care Flexibility Act . 2. Removal of barriers to veterans receiving care at private medical facilities Section 1703 of title 38, United States Code, is amended— (1) by amending subsection (a) to read as follows: (a) (1) Upon the election of a veteran enrolled in the health care system established under section 1705(a), the Secretary shall furnish to the veteran at a non-Department facility hospital care and medical services that the veteran is eligible to receive under this chapter. (2) The Secretary shall enter into contracts with non-Department facilities to furnish hospital care and medical services pursuant to paragraph (1). (3) The Secretary may not require a veteran to make more than one election under paragraph (1). (4) An election made under paragraph (1) may not be construed as affecting the ability of a veteran to receive hospital care and medical services at a medical facility of the Department. ; (2) by striking subsection (b); and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
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113-hr-4761
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I 113th CONGRESS 2d Session H. R. 4761 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Blumenauer (for himself and Mr. Cole ) 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 maximum nameplate capacity of a small wind turbine qualifying for an energy credit from 100 kilowatts to 20 megawatts.
1. Short title This Act may be cited as the Rural Wind Energy Expansion Act of 2014 . 2. Findings Congress finds the following: (1) Distributed wind power, commonly referred to as small and community wind , is the use of wind turbines that are typically modest in size at homes, farms, businesses, and public places to offset all or a portion of the site's energy consumption. (2) Distributed wind power can be employed efficiently at millions of sites, which means it has the potential to produce very large amounts of electricity across the Nation and abroad, even in the most remote or dangerous locations. (3) This segment of the renewable energy industry provides myriad public benefits, including high levels of domestic manufacturing, energy resilience and independence, and thousands of small business jobs in dozens of states. (4) The National Renewable Energy Laboratory and others have demonstrated that distributed wind power provides a strong economic multiplier effect, which means greater local revenue for the communities that install distributed wind turbines. (5) There are barriers to the market penetration of distributed wind power that have nothing to do with this proven technology, including inconsistent Federal policy and problematic local zoning ordinances. (6) Harnessing the power of the wind at homes, farms, schools, businesses, and on certain public lands supports American small businesses, the economy, energy security, and the environment. (7) Expanding the investment tax credit for distributed wind builds on the success of the existing credit, tracks the development of distributed wind technology, and is a proven and efficient method of supporting this development. 3. Amendment to energy credit for distributed wind turbines Section 48(c)(4) of the Internal Revenue Code of 1986 (relating to qualified small wind property) is amended— (1) by striking subparagraph (A) and inserting the following new subparagraph: (A) In general The term qualified small wind energy property means— (i) property which uses a qualifying small wind turbine to generate electricity, or (ii) property which uses 1 or more wind turbines with an aggregate nameplate capacity of more than 100 kilowatts but not more than 20 megawatts. , and (2) by redesignating subparagraph (C) as subparagraph (D) and inserting after subparagraph (B) the following new subparagraph: (C) Regulations The Secretary shall prescribe such regulations as may be appropriate to prevent improper division of property to attempt to meet the limitation under subparagraph (A)(ii). .
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113-hr-4762
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I 113th CONGRESS 2d Session H. R. 4762 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Blumenauer (for himself and Mr. Petri ) 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 cover transitional care services to improve the quality and cost effectiveness of care under the Medicare Program.
1. Short title This Act may be cited as the Medicare Transitional Care Act of 2014 . 2. Findings Congress finds the following: (1) There are a number of care models that are designed to enhance coordination during transitions from care settings. (2) These care models and others have demonstrated that effective care transitions lead to improvements in overall health care quality and result in savings to patients and the United States health care system. 3. Medicare coverage of transitional care services (a) Coverage Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (EE); (B) by adding and at the end of subparagraph (FF); and (C) by inserting after subparagraph (FF) the following new subparagraph: (GG) transitional care services (as defined in subsection (iii)(1)); ; and (2) by adding at the end the following new subsection: (iii) Transitional care services (1) The term transitional care services means services described in paragraph (2) furnished to a qualified individual (described in paragraph (3)) by a transitional care clinician (as defined in paragraph (4)) acting as an employee of (or pursuant to a contract with) a qualified transitional care entity (as defined in paragraph (5)) during the transitional care period (as defined in paragraph (6)) for the qualified individual. (2) The services described in this paragraph are services that support a qualified individual during the transitional care period and include the following: (A) A comprehensive assessment of the individual prior to the individual’s transition from one care facility to another care facility or home, including an assessment of the individual’s physical and mental condition, cognitive and functional capacities, medication regimen and adherence, social and environmental needs, and primary caregiver needs and resources. (B) Development of a comprehensive, evidenced-based plan of care for the individual developed with the individual and the individual’s primary caregiver and other health team members, identifying potential health risks, treatment goals, current therapies, and future services for both the individual and any primary caregiver. (C) Development of a comprehensive medications management plan that ensures the safe use of medications and is based on the individual’s plan of care. Such management plan shall include the following: (i) Identification of individual’s medications in use (including prescription and non-prescription medications). (ii) Assessment and (if needed) consultation with key medical providers to ensure medications are necessary, appropriate, and free of discrepancies. (iii) Assessment of the individual and family caregiver’s health literacy regarding the ability to properly follow medication instructions. (iv) Individual and family education and counseling about medications. (v) Teaching and counseling the individual and the individual’s primary caregiver (as appropriate) to assure adherence to medications and other therapies and avoid adverse events. (D) Implementation of a plan to facilitate the safe transition of the individual from one level of care, care setting, or provider to another, which transition plan shall include at least the following: (i) A process to address the individual’s symptoms. (ii) An established process for the individual and family caregivers to receive timely access to key health care providers during an episode of care as required by the individual’s condition. (iii) An established process for communicating with the individual, family caregivers, and other health care providers posttransition from an episode of care. (iv) A system that ensures ownership, responsibility, and accountability for the care of the individual at all times, including identifying and documenting any family caregiver (or caregivers) that exist. (v) Providing information and resources about condition and care choices to adequately prepare the individual and caregivers for informed decisionmaking. (E) Providing to the qualified individual, primary caregiver, and appropriate clinicians and the qualified transitional care entity providing ongoing care at the conclusion of the transitional care period, a written summary that includes the goals established in the plan of care described in subparagraph (B), progress in achieving such goals, and remaining treatment needs. (F) Other services that the Secretary determines are appropriate. The Secretary shall determine and update from time to time the services to be included in transitional care services as appropriate, based on the evidence of their effectiveness in reducing hospital readmissions and improving health outcomes. (3) (A) In this subsection, subject to subparagraph (C), the term qualified individual means an individual who— (i) has been admitted to a subsection (d) hospital (as defined for purposes of section 1886) for inpatient hospital services or to a critical care hospital for inpatient critical access hospital services; and (ii) is identified by the Secretary as being at highest risk for readmission or for a poor transition from such a hospital to a posthospital site of care. (B) The identification under subparagraph (A)(ii) shall be based on achieving a minimum hierarchical condition category score (specified by the Secretary) in order to target eligibility benefits under this subsection to individuals with multiple chronic conditions and other risk factors, such as cognitive impairment, depression, or a history of multiple hospitalizations. (C) After submitting to Congress the evaluation under section 2(d) of the Medicare Transitional Care Act of 2014 and considering any cost savings and quality improvements from the prior implementation of transitional care services under this title, the Secretary may expand eligibility of qualified individuals to include moderate-risk and lower-risk individuals, as determined in accordance with eligibility criteria specified by the Secretary. In expanding eligibility, the Secretary may modify or scale transitional care services to meet the specific needs of moderate-risk and lower-risk individuals. (D) The Secretary shall ensure that qualified individuals receiving transitional care services are not receiving duplicative services under this title. (4) (A) The term transitional care clinician means, with respect to a qualified individual, a nurse, case manager, social worker, physician assistant, physician, pharmacist, or other licensed health professional who— (i) has received specialized training in the clinical care of people with multiple chronic conditions (including medication management) and communication and coordination with multiple providers of services, suppliers, patients, and their primary caregivers; (ii) is supported by an interdisciplinary team in a manner that assures continuity of care throughout a transitional care period and across care settings (including the residences of qualified individuals); (iii) is employed by (or has a contract with) a qualified transitional care entity for the furnishing of transitional care services; and (iv) meets such participation criteria as the Secretary may specify consistent with this subsection. (B) In establishing participation criteria under subparagraph (A)(iv), the Secretary shall assure that transitional care clinicians meet relevant scope of practice and training requirements and have the ability to meet the individual needs of qualified individuals. (5) The term qualified transitional care entity means— (A) a hospital or a critical care hospital; (B) a home health agency; (C) a primary care practice; (D) a federally qualified health center or rural health clinic; (E) a long-term care facility; (F) a medical home; (G) an appropriate community-based organization described in section 3026(b)(1)(B) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1395b–1 note); (H) an assisted living center; (I) an accountable care organization; and (J) another entity approved by the Secretary for purposes of this subsection. (6) The term transitional care period means, with respect to a qualified individual, the period— (A) beginning on the date the individual is admitted to a subsection (d) hospital (as defined for purposes of section 1886) for inpatient hospital services or is admitted to a critical care hospital for inpatient critical access hospital services, for which payment may be made under this title; and (B) ending on the last day of the 45-day period beginning on the date of the individual’s discharge from such hospital or critical care hospital. . (b) Payment and performance measures Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended— (1) in subsection (a)(1), by striking and before (Z) and by inserting before the semicolon at the end the following: , and (AA) with respect to transitional care services (as defined in section 1861(iii)(1)), the amounts paid shall be 100 percent of the amount determined under subsection (z) ; (2) in the first sentence of subsection (b), by inserting or transitional care services (as defined in section 1861(iii)(1)) after (as defined in section 1861(hh)(1)) ; and (3) by adding at the end the following new subsection: (z) Payment and performance measures for transitional care services (1) Payment (A) In general The Secretary shall determine the method of payment for transitional care services under this part, including appropriate risk adjustment that reflects the differences in resources needed to provide transitional care services to individuals with differing characteristics and circumstances and, when applicable, the performance measures under paragraph (3). The payment amount shall be sufficient to ensure the provision of necessary transitional care services throughout the transitional care period. The payment shall be structured in a manner to explicitly recognize transitional care as an episode of services that crosses multiple care settings, providers of services, and suppliers. The payment with respect to transitional care services furnished by a transitional care clinician shall be made, notwithstanding any other provision of this title, to the qualified transitional care entity which employs, or has a contract with, the clinician for the furnishing of such services. (B) HIT incentive payment The Secretary may provide for an additional payment with respect to transitional care services to encourage transitional care clinicians and qualified transitional care entities to use health information technology in the provision of such services. (C) No payment for required discharge planning services Payment shall not be made for transitional care services under this subsection for an entity insofar as such services are otherwise required to be provided through the discharge planning process under section 1861(ee) or under conditions of participation for the entity under section 1866. (2) Performance measures (A) Accountability (i) In general The Secretary shall establish a method whereby qualified transitional care entities responsible for furnishing transitional care services are held accountable for process and outcome based on performance measures specified by the Secretary from those that have been endorsed by the National Quality Forum or similar standard-setting organization or are otherwise used in other quality programs under this title or title XIX. (ii) Development and endorsement of performance measure set For purposes of carrying out clause (i), the Secretary shall enter into an arrangement— (I) with the National Quality Forum for the evaluation, endorsement, and recommendation of additional performance measures for transitional care services and to identify remaining gaps in available measures, including measures to both the sending and receiving side of the transition; and (II) with the Agency for Healthcare Research and Quality to support measure development, to fill gaps in available measures, to conduct comparative effectiveness research of transitional care models and tools, and to provide for the ongoing maintenance of the set of performance measures for transitional care services. (B) Pay for performance As soon as practicable after reliable process and outcome performance measures have been endorsed and specified under subparagraph (A), the Secretary shall provide that the payment amounts under paragraph (1) for transitional care services shall be linked to performance on such measures. (C) Public reporting The Secretary shall establish a mechanism to publicly report on a qualifying transitional care entity’s performance on such measures, including providing benchmarks to identify high performers and those practices that contribute to lower hospital readmission rates. (D) Dissemination of information on best practices The Secretary shall disseminate information on best practices used by transitional care clinicians and qualified transitional care entities in furnishing transitional care services for purposes of application in other settings, such as in conditions of participation under this title, under the Quality Improvement Organization Program under part B of title XI, and public-private quality alliances, such as the Hospital Quality Alliance. (3) Prevention of inappropriate steering The Secretary shall promulgate such regulations as the Secretary deems necessary to address any protections needed, beyond those otherwise provided under law and regulations, to prevent inappropriate steering of qualified individuals to providers of services, suppliers, qualified transitional care entities, or transitional care clinicians, under this part or inappropriate limitations on access to needed transitional care services under this part. . (c) Coordination with hospital discharge planning Section 1861(ee)(2) of the Social Security Act ( 42 U.S.C. 1395x(ee)(2) ) is amended by adding at the end the following: (I) In the case of subsection (d) hospitals and critical care hospitals, the hospital must— (i) identify, as soon as practicable after admission, those patients who are qualified individuals described in paragraph (3) of section 1861(iii); and (ii) provide to such patients and their primary caregivers a list of transitional care entities available under such section to arrange for the provision of transitional care services, a list of transitional care services provided under this part, and a notice that the transitional care service benefit under such section is provided to qualified individuals with no deductible or cost sharing. Nothing in subparagraph (I) shall be construed as preventing a hospital or critical care hospital from entering into an agreement with a qualified transitional care entity or a transitional care clinician for the furnishing of transitional care services to the hospital’s patients. . (d) Evaluation; report (1) In general The Secretary of Health and Human Services shall evaluate the performance of the transitional care benefit under the amendments made by this section by measuring the following, both for individuals receiving transitional care services and for individuals not receiving such services: (A) Admission rates to health care facilities. (B) Hospital readmission rates. (C) Cost of transitional care and all other health care services. (D) Quality of transitional care experiences. (E) Measures of quality and efficiency. (F) Beneficiary experience. (G) Health outcomes. (H) Reductions in expenditures under this title over time. (2) Report The Secretary shall submit a report to Congress no later than April 1, 2018, on the performance measures achieved by the transitional care benefit in the first 2 years of implementation. After submitting such report, the Secretary may expand the benefit to moderate-risk and lower-risk individuals under section 1861(iii)(3)(B) of the Social Security Act, as added by subsection (a). (e) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2015.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4762ih/xml/BILLS-113hr4762ih.xml
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113-hr-4763
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I 113th CONGRESS 2d Session H. R. 4763 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Cárdenas (for himself and Mr. Farenthold ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Tariff Act of 1930 with respect to requirements for domestic industries, and for other purposes.
1. Short title This Act may be cited as the Trade Protection Not Troll Protection Act . 2. Unfair practices in import trade (a) In general Section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ) is amended as follows: (1) Subsection (a) is amended— (A) in paragraph (3)— (i) by striking or at the end of subparagraph (B); (ii) in subparagraph (C), by striking engineering, research and development, or licensing. and inserting engineering and research and development; or ; and (iii) by adding after subparagraph (C) the following: (D) substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design. ; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) and following: (4) For purposes of paragraph (3), the complainant may not rely upon activities by its licensees unless the license leads to the adoption and development of articles that incorporate the claimed patent, copyright, trademark, mask work, or design for sale in the United States. . (2) Subsection (b) is amended by adding at the end the following: (4) (A) Whenever a complaint relies, in whole or in part, on activity falling under subparagraph (C) or (D) of subsection (a)(3) in order to meet the legal standard set forth in subsection (a)(3), the Commission may not initiate an investigation until the Commission has first conducted a preliminary investigation of whether it is likely that an industry in the United States exists or is in the process of being established within the meaning of subsection (a)(2). (B) In the preliminary investigation under subparagraph (A), the complainant’s case shall be limited to the assertions and evidence set forth in the complaint, and confidential business information contained in the complaint that may be disclosed under protective order, and the Commission shall accept additional facts, evidence, and argument from named respondents and the public. (C) The Commission shall render its determination in the preliminary investigation under this paragraph not later than 45 days after the filing of the complaint. If the Commission finds that it is not likely that an industry in the United States exists or is in the process of being established, the Commission may not initiate an investigation of the matter alleged in the complaint. . (3) Subsection (c) is amended— (A) by striking the first sentence and inserting the following: The Commission shall determine, with respect to each investigation conducted by it under this section, whether or not there is a violation of this section, except that the Commission— (A) may, by issuing a consent order or on the basis of an agreement between the private parties to the investigation, including an agreement to present the matter for arbitration, terminate any such investigation, in whole or in part, without making such a determination; or (B) (i) may determine during the course of the investigation that the articles under investigation should not be excluded from entry based upon consideration of the public interest, including the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles; and (ii) upon a finding under clause (i) that the articles should not be excluded, shall terminate the investigation, in whole or in part, without making any further determination. ; (B) in the second sentence, by striking Each determination and inserting the following: (2) Each determination ; and (C) in the third sentence, by striking equitable defenses and inserting equitable defenses, including equitable defenses and principles applied to any remedy considered in United States district courts, . (4) Subsection (d)(1) is amended— (A) by striking considering the effect of such exclusion upon the public health and welfare, and inserting considering equitable defenses and principles and the effect of such exclusion upon the public interest, including the public health and welfare, ; and (B) by striking and United States consumers, and inserting United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles, . (5) Subsection (e)(1) is amended— (A) by striking considering the effect of such exclusion upon the public health and welfare, and inserting considering equitable defenses and principles and the effect of such exclusion upon the public interest, including the public health and welfare, ; and (B) by striking and United States consumers, and inserting United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles, . (6) Subsection (f)(1) is amended— (A) by striking considering the effect of such exclusion upon the public health and welfare, and inserting considering equitable defenses and principles and the effect of such exclusion upon the public interest, including the public health and welfare, ; and (B) by striking and United States consumers, and inserting United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles, . (7) Subsection (g)(1) is amended, in the matter following subparagraph (E)— (A) by striking considering the effect of such exclusion upon the public health and welfare, and inserting considering equitable defenses and principles and the effect of such exclusion upon the public interest, including the public health and welfare, ; and (B) by striking and United States consumers, and inserting United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles, . (b) Effective date The amendments made by subsection (a) shall apply to complaints filed under section 337 of the Tariff Act of 1930 on or after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4763ih/xml/BILLS-113hr4763ih.xml
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113-hr-4764
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I 113th CONGRESS 2d Session H. R. 4764 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Fincher 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 require Federal agencies to provide notice and consideration of evidence before submitting debts to the Secretary of the Treasury for collection through reduction of tax refunds, and to restore the 10-year statute of limitations applicable to collection of debt by administrative offset.
1. Short title This Act may be cited as the Verify It Act . 2. Requirement that Federal agencies provide notice and consideration of evidence before submitting debts to the Secretary of the Treasury for collection through reduction of tax refunds (a) In general Section 6402(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Notice; consideration of evidence A Federal agency may not notify the Secretary under this subsection of any past-due legally enforceable debt until such Federal agency— (A) notifies by certified mail with return receipt the person owing the past-due legally enforceable debt that the Federal agency proposes to take action pursuant to this subsection; (B) gives such person at least 60 days to present evidence that all or part of such liability is not past-due or not legally enforceable; (C) considers any evidence presented by such person and determines that an amount of such debt is past-due and legally enforceable; and (D) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (C) is valid and that the Federal agency has made reasonable efforts to obtain payment of such debt. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 3. Restoration of statute of limitations (a) In general Section 3716(e) of title 31, United States Code, is amended to read as follows: (e) This section does not apply— (1) to a claim under this subchapter that has been outstanding for more than 10 years; or (2) when a statute explicitly prohibits using administrative offset or setoff to collect the claim or type of claim involved. . (b) Retroactivity In the administration of section 3716(e) of title 31, United States Code, the following provisions of law shall be treated as if they had never been enacted: (1) Section 14219 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–234 ; 122 Stat. 1483), repealed as duplicative enactment by section 4 of Public Law 110–246 ( 7 U.S.C. 8701 note). (2) Section 14219 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2245).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4764ih/xml/BILLS-113hr4764ih.xml
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113-hr-4765
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I 113th CONGRESS 2d Session H. R. 4765 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Ms. Fudge (for herself, Mr. Ellison , Ms. Lee of California , Mr. Richmond , and Mr. Payne ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Agriculture , Education and the Workforce , the Judiciary , Financial Services , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To address childhood obesity, and for other purposes.
1. Short title This Act may be cited as the Fit for Life 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—Improving the Nutritional Quality of and Access to Foods in Underserved American Communities Subtitle A—Access to Nutritious and Quality Foods in Underserved American Communities Sec. 101. Nutritious Food Access through mobility and Innovation Program. Sec. 102. Expansion of the Fresh Fruit and Vegetable Program. Sec. 103. Expanding Access to the Summer Food Service Program for Children. Sec. 104. Study and report on physical activity and nutritional quality of meals and snacks served, in juvenile justice facilities. Sec. 105. Local food insecurity assessments: evaluating the unique nutritional needs of local communities. Sec. 106. Weekends and holidays without hunger. Subtitle B—Ensuring a Healthy Start for Children in Underserved American Communities Sec. 111. Improving Healthy Eating and Physical Activity Among our Youngest Children. Sec. 112. Health and fitness school programs: training America’s youth to live healthy lifestyles. Title II—Advancing Preventative Measures and Treatment of Obesity in Adults and Children in Underserved Communities Sec. 201. Community health and wellness navigators pilot program: connecting America’s health professionalswith our schools. Sec. 202. Coverage of evidence-based preventive services under Medicaid and SCHIP. Sec. 203. Coverage of medical nutrition therapy under Medicaid and CHIP. Sec. 204. Clarification of EPSDT inclusion of prevention, screening, and treatment services for obesity and overweight; CHIP coverage. Sec. 205. National commission on child obesity. Sec. 206. GAO report. Title III—Encouraging Physical Activity in Underserved American Communities Sec. 301. Renovation of foreclosed and abandoned properties to create spaces that encourage physical activity in American neighborhoods. Sec. 302. National youth sports program revitalization. Sec. 303. Expansion of the Zuni Youth Enrichment Project Summer Camp. Sec. 304. Making routes to schools in underserved communities safe and accessible with public participation through the Community Oriented Policing Services program. Sec. 305. School infrastructure healthier upgrades competitive grant. Sec. 306. Shared use agreement expansion pilot grant program. Sec. 307. Land and Water Conservation Fund Program Grants in Low-Income Communities and Expand Tribal Participation. Sec. 308. Changing Hearts, Attitudes, and Minds by Participating in Sports (CHAMPS) Program. Sec. 309. Coordinated School Health Initiatives. Sec. 310. Rewarding elementary and secondary schools for outstanding student performance in physical fitness programs. I Improving the Nutritional Quality of and Access to Foods in Underserved American Communities A Access to Nutritious and Quality Foods in Underserved American Communities 101. Nutritious food access through mobility and innovation program (a) Administration The Secretary of Agriculture shall carry out a pilot program to make 3-year grants in accordance with this section to nonprofit organizations, local government agencies, and accredited colleges and universities. (b) Eligibility To be eligible to receive a grant under this section, a nonprofit organization, local government agency, for-profit business, or accredited college or university shall submit to the Secretary an application in such form, and containing such information, as the Secretary may require by rule. Such application shall include an assurance that such applicant will create or expand an innovative food distribution project that— (1) serves an area in which residents have low income, or an area that is a food desert or food swamp; (2) is not a supermarket-based project; (3) provides for the free or low-cost delivery of fresh fruits and vegetables to food recipients who participate in such project; (4) provides for the acquisition of produce trucks to distribute food to such recipients without a delivery charge and without any other service charge; or (5) provides for the establishment of a community food market (including a food market in a school) at which fresh fruits and vegetables are sold to such recipients at a low cost. (c) Priority The Secretary shall give priority to— (1) eligible applicants that propose to create or to expand a project that will operate in a geographical area in which there is a high incidence of childhood obesity; (2) eligible applicants that have a proven record of serving low-income or minority communities; and (3) organizations with plans for sustainability plans in place for continuing successful services after Federal funding lapses. (d) Reporting Each recipient of a 3-year grant made under this section shall submit annually to the Secretary a report that includes an assessment of— (1) the impact that the recipient’s project has had on the community involved during the year for which such report is submitted; and (2) the prospects of continuing such project after the 3-year period for which such grant is made. 102. Expansion of the Fresh Fruit and Vegetable Program Section 19 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769a ) is amended— (1) in subsection (a), by inserting , secondary schools, childcare centers, and family childcare homes after elementary schools ; (2) by amending subsection (b) to read as follows: (b) Program A school, childcare center, or family childcare home participating in the program— (1) shall make free fruits and vegetables available to students throughout the school, center, or home day (or at such other times as are considered appropriate by the Secretary) in 1 or more areas designated by the school, center, or home; and (2) may make free fruits and vegetables in any other form (such as fresh, frozen, dried, pureed, or canned) available to students throughout the school, center, or home day (or at such other times as are considered appropriate by the Secretary) in 1 or more areas designated by the school only if such fruits and vegetables meet any additional nutrition specifications, as established by the Secretary. ; (3) in subsection (d)— (A) in the heading, by inserting , centers, or homes ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting , centers, or homes after schools ; (ii) in subparagraph (A), by inserting , center, or home after school ; (iii) in subparagraph (B), by inserting , centers, or homes after schools ; (iv) by amending subparagraph (C) to read as follows: (C) ensure that each school selected is an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), each center selected is a childcare center (as such term is defined in section 399OO of the Public Health Service Act), and each home selected is a family childcare home (as such term is defined in section 399OO of the Public Health Service Act). ; and (v) in subparagraph (D)— (I) in the matter preceding clause (i), by inserting , centers, or homes after schools ; (II) in clause (i), by inserting , center, or home after school ; and (III) in clause (ii), by inserting , center, or home after as determined by the school ; (C) in paragraph (2), by inserting , centers, or homes after each place schools appears; and (D) in paragraph (3), by inserting , centers, or homes after each place schools appears; and (4) in subsection (e), by inserting , center, or home after school . 103. Expanding access to the Summer Food Service Program for Children Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) ) is amended— (1) in paragraph (1)(A), by striking 50 percent each place it appears and inserting 40 percent ; (2) by repealing paragraph (9); and (3) in paragraph (10)— (A) in subparagraph (A)— (i) by striking The Secretary and inserting From the amounts appropriated to carry out this paragraph, the Secretary ; and (ii) by striking not more than 5 ; (B) in subparagraph (C), by striking fiscal year 2006 and inserting fiscal year 2015 ; (C) in subparagraph (D)— (i) by striking January 1, 2008 and inserting January 1, 2015 ; and (ii) by striking January 1, 2009 and inserting January 1, 2016 ; and (D) by striking subparagraph (E). 104. Study and report on physical activity and nutritional quality of meals and snacks served in juvenile justice facilities (a) Study The Administrator of the Office of Juvenile Justice and Delinquency Prevention, in consultation with the Secretary of Agriculture, shall conduct a study on— (1) physical activity by juveniles in juvenile justice facilities, including— (A) the amount of such physical activity; (B) the types of physical activities in which such juveniles participate; (C) the number of hours per day such juveniles participate in such physical activity; (D) the degree of inclusiveness for juveniles with disabilities in physical activities; (E) the participation rates for juveniles with disabilities; and (F) the adequacy of the amounts and types of physical activity of such juveniles; and (2) the nutritional quality of meals and snacks served in juvenile justice facilities. (b) Report Not later than two years after the date of the enactment of this Act, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, in consultation with the Secretary of Agriculture, shall submit to Congress a report on the findings of the study conducted under subsection (a) , including an evaluation of whether the amounts and types of physical activity by juveniles, and the nutritional quality of meals and snacks served, in juvenile justice facilities are adequate to ensure the health and wellness of such juveniles. 105. Local food insecurity assessments: evaluating the unique nutritional needs of local communities (a) In general The Secretary of Health and Human Services shall establish a 3-year pilot program to award grants to local and tribal governments, on a competitive basis, to allow such local and tribal governments, in partnership with the local community organizations under subsection (e) , to— (1) conduct a food security assessment; and (2) make an inventory of the system in order to identify the strengths and gaps in such system. (b) Data points for Assessment For purposes of conducting an assessment and making an inventory under a grant under subsection (a) , with respect to the community served by a local or tribal government, such government shall examine the following food security and food system issues in the community: (1) The prevalence of childhood obesity. (2) The availability of safe routes to school for children. (3) The quality of food served in school and childcare settings. (4) The availability of supermarkets. (5) The cost and availability of fresh fruits and vegetables. (6) The concentration of convenience stores and other food vendors that sell a disproportionate amount of foods that are not fresh fruits and vegetables. (7) The availability of products. (8) The concentration of fast food restaurants. (9) The availability of green space or recreation areas, and the extent to which such space or areas encourage physical activity by adults and children. (10) Any other issues determined to be relevant by the local or tribal government. (11) Any other issues determined to be relevant by the Secretary of Health and Human Services. (c) Number of sites The Secretary of Health and Human Services, in awarding grants under subsection (a) , shall award grants to no more than— (1) 20 local governments; and (2) 5 tribal governments. (d) Priority In awarding grants under subsection (a) , the Secretary of Health and Human Services shall give priority to those local and tribal governments that serve communities with the highest concentrations of poverty. (e) Requirement of partnerships In order to qualify for a grant under subsection (a) , a local or tribal government shall demonstrate, to the satisfaction of the Secretary of Health and Human Services, that the local or tribal government has entered into a partnership (for the purpose of conducting an assessment and making an inventory under subsection (a) ) with at least one of the following local community organizations: (1) A nonprofit, community-based organization or entity. (2) A developer or urban planning institution. (3) An accredited college or university. (4) A freestanding children’s hospital or center with expertise in child health and policy. 106. Weekends and holidays without hunger Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended by adding at the end the following: (l) Weekends and holidays without hunger (1) Definitions In this subsection: (A) At-risk school child The term at-risk school child has the meaning given the term in section 17(r)(1). (B) Eligible institution (i) In general The term eligible institution means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. (ii) Inclusions The term eligible institution includes— (I) an elementary or secondary school or school food service authority; (II) a food bank or food pantry; (III) a homeless shelter; and (IV) such other type of emergency feeding agency as is approved by the Secretary. (2) Establishment Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to eligible institutions to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. (3) Eligibility (A) In general To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine. (B) Plan An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children, including— (i) methods of food service delivery to at-risk school children; (ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; (iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; (iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and (v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. (4) Priority In selecting applications under this subsection, the Secretary shall give priority to eligible institutions that— (A) have on-going programs and experience serving populations with significant proportions of at-risk school children; (B) have a good record of experience in food delivery and food safety systems; (C) maintain high quality control, accountability, and recordkeeping standards; (D) provide children with readily consumable food of high nutrient content and quality; (E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non-Federal sources to carry out projects; and (F) demonstrate the ability to continue projects for the full approved term of the pilot project period. (5) Guidelines (A) In general The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this subsection. (B) Inclusions The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account— (i) geographical variations in project locations to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; (ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and (iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary— (I) to analyze and evaluate the results of the pilot project; and (II) to make recommendations to Congress. (6) Evaluation (A) Interim evaluation Not later than November 30, 2016, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. (B) Final report Not later than December 31, 2017, the Secretary shall submit to Congress a final report that contains— (i) an evaluation of the pilot program carried out under this subsection; and (ii) any recommendations of the Secretary for legislative action. (7) Funding (A) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary, to remain available until expended. (B) Availability of funds Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection. . B Ensuring a Healthy Start for Children in Underserved American Communities 111. Improving healthy eating and physical activity among our youngest children Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: W Healthy kids program 399OO. Definitions In this part: (1) Childcare center The term childcare center means a center licensed or otherwise authorized to provide childcare services for fewer than 24 hours per day per child in a nonresidential setting, unless care in excess of 24 hours is due to the nature of the parents' work. (2) Early learning council The term early learning council means an early childhood assembly that is established to advise Governors, State legislators, or State agency administrators on how best to meet the needs of young children and their families specifically through improvement of programs and services. (3) Family childcare home The term family childcare home means a private family home where home-based childcare is provided for a portion of the day, unless care in excess of 24 hours is due to the nature of the parents’ work, and that is certified, registered, or licensed in the State in which it is located. (4) Screen time limits The term screen time limits means policies or guidelines, such as those developed by the American Academy of Pediatrics, designed to reduce the daily amount of time that children spend watching or looking at digital monitors or displays, including television sets, computer monitors, or hand-held gaming devices. (5) Secretary The term Secretary means the Secretary of Health and Human Services. 399OO–1. Grants (a) In general The Secretary, in consultation with appropriate entities within the Department of Health and Human Services, shall award 3-year competitive grants to 5 State health departments (or other appropriate childcare licensing entities within such States) to help reduce and prevent obesity among the birth to 5-year-old population of the State in childcare settings outside a child's place of residence. (b) Use of funds State grantees shall use amounts received under a grant under this subsection to— (1) provide, or enter into contracts to provide, training (that meets the requirements of subsection (c)) to the staff of national, State, or community-based organizations with networks of childcare centers, or a consortium of childcare centers and family childcare homes consisting of at least 10 centers, for the purpose of implementing evidence-based healthy eating and physical activity policies and practices, including curricula and other interventions; and (2) provide grants to childcare centers and family childcare homes, whose staff received the training described in paragraph (1), to implement practice, curricula, and policy changes (that meet the requirements of subsection (d)) that promote healthy eating and physical activity among the birth to 5 years of age population. Preference in awarding grants shall be given to those States that demonstrate collaboration between relevant State entities related to childcare and health and with key stakeholders, such as State early learning councils and other community-based organizations working with childcare centers or family childcare homes. (c) Training requirements (1) In general Training provided under subsection (b) shall— (A) include the provision of information concerning age-appropriate healthy eating and physical activity interventions and culturally competent curricula for the birth to 5 years of age population in the State involved, which at a minimum shall include— (i) a handbook that includes recommendations, guidelines, and best practices for childcare centers and family childcare homes relating to healthy eating, physical activity, and screen time reduction; (ii) information about the availability of and services provided by childcare health consultants; and (iii) health and wellness resources available through the Child Care Bureau and the Maternal and Child Health Bureau; (B) identify, improve upon, and expand nutrition and physical activity best practices targeted to the birth to 5 years of age population in the State involved and identify strategies for incorporating parental education and other parental involvement; and (C) provide instruction on how to appropriately model, direct, and encourage childcare staff behavior to apply the best practices and strategies identified under subparagraph (B). (2) Training entities A grantee may conduct the training required under this section directly, or may provide such training through a contract with— (A) an appropriate national, State, or community organization with relevant expertise; (B) a health care provider or professional organization with relevant expertise; (C) a university or research center that employs faculty with relevant expertise; or (D) any other entity determined appropriate by the State and approved by the Secretary. (3) Requirement of contract If a grantee elects to provide the training under this section through a contract, the grantee shall ensure that a consistent healthy eating and physical activity curriculum is being developed for all childcare entities participating in the pilot program in the State. (d) Practice, curricula, and policy changes After training is provided as required under subsection (c), a State grantee shall ensure that the organizations and consortia involved— (1) implement, in childcare settings, evidence-based policy changes that promote healthy eating, physical activity, and appropriate screen time limits among the birth to 5 years of age population; (2) utilize an evidence-based, culturally competent healthy eating and physical activity curriculum in childcare settings focusing on such birth to age 5 population; (3) implement programs, activities, and procedures for incorporating parental education and involvement of parents in programs, including disseminating a written parental involvement policy, and coordinating and integrating parental involvement strategies under this section, to the extent feasible and appropriate, with parental involvement strategies under other programs, such as the Head Start program and the Early Head Start Program; and (4) find innovative ways to remove barriers that exist to providing opportunities for healthy eating and physical activity. All activities described in this paragraph shall be evidence-based and be consistent with the curriculum presented through training activities described in subsection (c). 399OO–2. Grants for the evaluation of pilot programs The Secretary shall award competitive grants to prevention research centers or universities to evaluate the programs carried out with grants under section 399OO–1, including baseline, process, and outcome measurements. 399OO–3. Coordination (a) Interagency coordination To the extent practicable, the Secretary shall coordinate activities conducted under this part with activities undertaken by the National Prevention, Health Promotion and Public Health Council established under section 4001 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ). Where practicable, such coordination shall— (1) include the sharing of current and emerging best practices concerning healthy eating, physical activity, and screen time limits that have a population-level impact in promoting nutrition and physical activity in childcare settings; (2) promote the effective implementation and sustainability of such programs; and (3) avoid unnecessary duplication of effort. (b) Pilot coordination The Secretary shall designate an individual (directly or through contract) to provide technical assistance to States and pilot centers in the development, implementation, and evaluation of activities and dissemination of information described in paragraphs (1), (2), and (3) of subsection (a). 399OO–4. Evaluation and reporting (a) Technical assistance and information The Secretary shall— (1) provide technical assistance to grantees and other entities providing training under a grant under this part; and (2) disseminate to health departments and trainers under grants under this part information concerning evidence-based approaches, including dissemination of existing toolkits, curricula, and existing or emerging best practices that can be expanded or improved upon through a program conducted under this part. (b) Evaluation requirements With respect to evaluations conducted under section 399OO–2, the Secretary shall ensure that— (1) evaluation metrics are consistent across all programs funded under this part; (2) interim outcomes are measured by the number of centers that have implemented policy and environmental strategies that support use of curricula and practices supporting healthy eating, physical activity, and screen time limits; (3) interim outcomes are measured, to the extent possible, by behavior changes in healthy eating, physical activity, and screen time; and (4) upon completion of the program, the evaluation shall include an identification of best practices relating to behavior change and reductions in the increasing prevalence of overweight and obesity that could be replicated in other settings. (c) Dissemination of information Upon the conclusion of the programs carried out under this part, the Secretary shall disseminate to all appropriate agencies within the Department of Health and Human Services evidence, best practices, and lessons learned from grantees. Such agencies shall encourage the adoption of the best practices. (d) Report to Congress Not later than 6 months after the completion of the program under this part, the Secretary shall submit to Congress a report containing an evaluation of the program, including recommendations as to how lessons learned from the program can be incorporated into future guidance documents developed and provided by the Secretary and other Federal agencies, as appropriate. 399OO–5. Authorization of appropriations There is authorized to be appropriated to carry out this part, $2,500,000 for each of fiscal years 2015, 2016, and 2017. . 112. Health and fitness school programs: training America’s youth to live healthy lifestyles (a) In general The Secretaries shall carry out a 2-year pilot program consisting of awarding grants to eligible entities for the purpose of establishing or expanding evidence-based health and fitness programs in secondary schools in low-income communities. (b) Health and fitness program requirements As a condition on receipt of a grant under this section, an eligible entity shall agree that any health and fitness program at a secondary school funded through the grant will— (1) be conducted in partnership with the secondary school, community entities, and tribal councils; (2) ensure the services provided are inclusive of students with disabilities; (3) include services by recent graduates of institutions of higher education who are interested in pursuing graduate degrees in medicine, nursing, nutrition science, exercise physiology, public health, or a related discipline; (4) use services by such graduates to supplement rather than supplant the health and fitness curriculum of the secondary school; (5) include a highly effective student-mentor intervention and education program conducted by such graduates for a maximum of 2 years of service in 1 secondary school per graduate; (6) build a healthier community through wellness activities and increased awareness about and access to healthy foods; (7) provide daily health and fitness instruction to both students and faculty; (8) conduct an annual in-school health and fitness fair using the services of secondary school students with the objective of building a healthier community through wellness activities and increased awareness about and access to healthy foods; (9) conduct an annual school-based and an annual community-based health and fitness fair using the services of secondary school students with the objective of building a healthier community through wellness activities and increased awareness about and access to healthy foods; and (10) expose secondary school students to a variety of career choices in wellness and health-related disciplines, including careers in medicine, nursing, nutrition science, and exercise physiology. (c) Non-Federal funds The Secretaries shall encourage grantees under this section to contribute funds from non-Federal sources to increase— (1) the number of secondary schools at which health and fitness programs are offered; or (2) the longevity of such programs. (d) Minimum number of schools The Secretaries shall ensure that grants under this section are used to establish or expand health and fitness programs at a total of not less than 20 schools. (e) Assessment; reporting As conditions on receipt of a grant under this section, an eligible entity shall agree to— (1) conduct an annual assessment of health and fitness programs funded through the grant; (2) on an annual basis, report the findings of each assessment under paragraph (1) to the participating school, community partners, local contributors of funds, and tribal councils; and (3) not later than the end of fiscal year 2016, submit a report to the Secretaries and an appropriate representative of the Centers for Disease Control and Prevention on the success of the programs in educating children and families and thereby preventing or reducing childhood obesity, including data from each assessment under paragraph (1). (f) Report to Congress Not later than the end of fiscal year 2016, the Secretaries shall submit to the Congress a report that— (1) summarizes the results achieved through programs funded under this section; and (2) includes a summary of the reports submitted by grant recipients under subsection (e)(3). (g) Definitions In this section: (1) The term secondary school has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) The term eligible entity means a nonprofit organization or entity with the ability to meet the requirements applicable to a grantee under this section, as determined by the Secretaries. (3) The term low-income communities includes— (A) communities with a high percentage of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); and (B) any other communities determined by the Secretaries to be low-income for purposes of this section. (4) The term Secretaries means the Secretary of Health and Human Services and the Secretary of Education, acting jointly and in conjunction with the Director of the Centers for Disease Control and Prevention. (h) Authorization of appropriations To carry out this section, there is authorized to be appropriated $1,400,000 for the period of fiscal years 2015 through 2016. II Advancing Preventative Measures and Treatment of Obesity in Adults and Children in Underserved Communities 201. Community health and wellness navigators pilot program: connecting America’s health professionals with our schools (a) In general The Secretary of Health and Human Services shall award grants to 5 or more States for the establishment of a community navigator program, consisting of each such State making subgrants to 1 or more eligible entities for a local community navigator program described in subsection (b). (b) Program description A local community navigator program described in this subsection shall consist of the following: (1) An eligible entity, in partnership with a local educational agency, a bureau-funded school, or a nonprofit health or education organization, will hire and train 2 or more community navigators. (2) The community navigators will facilitate a relationship between the eligible entity and the local educational agency, bureau-funded school, or nonprofit health or education organization in low-income communities to ensure increased access to medical care through educating parents and school administrators. (3) The community navigators will carry out educational activities for elementary school and secondary school students and their parents in low-income communities with the goal of— (A) increasing familial intake of nutritious meals; (B) increasing physical activity both in and out of the school setting; and (C) increasing access to medical care. (4) The community navigators will specifically recognize and address that there are subgroups that are shown to have particular barriers to physical activities, such as persons with disabilities. (c) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the effectiveness of the program under this section. (d) Definitions In this section: (1) The term bureau-funded school has the meaning given such term in section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026). (2) The terms elementary school , local educational agency , and secondary school have the meanings given to such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) The term eligible entity includes a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), a facility operated by the Indian Health Service (including a facility operated by an Indian tribe or tribal organization through a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)), a free-standing children’s hospital that is described in subparagraph (L) or (M) of section 340B(a)(4) of the Public Health Service Act ( 42 U.S.C. 256b(a)(4) ), a non-profit with demonstrated effectiveness in the area of health care and with a focus on serving low-income communities, a rural hospital, and a rural health clinic. (4) The term low-income communities includes— (A) communities with a high percentage of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); and (B) any other communities determined by the Secretaries to be low-income for purposes of this section. (5) The term nonprofit health or education organization shall be defined by the Secretary. (6) The term Secretary means the Secretary of Health and Human Services. (7) The term State includes the District of Columbia and any commonwealth, territory, or possession of the United States, including the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 and 2016. 202. Coverage of evidence-based preventive services under Medicaid and SCHIP (a) State Option To Provide Medical Assistance for Evidence-Based Preventive Services (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (a)— (i) in paragraph (28), by striking and at the end; (ii) by redesignating paragraph (29) as paragraph (30); and (iii) by inserting after paragraph (28) the following: (29) evidence-based preventive services described in subsection (ee); and ; and (B) by adding at the end the following: (ee) For purposes of subsection (a)(29), evidence-based preventive services described in this subsection are— (1) any preventive services which the Secretary has determined are reasonable and necessary for preventing obesity and comorbidities of obesity, including diet and exercise counseling, and healthy weight and obesity counseling; and (2) any other evidence-based, effective, clinical intervention for obese individuals designed to prevent comorbidities of obesity, including pharmacological or surgical services. . (2) Conforming amendment Section 1902(a)(10)(C)(iv) of such Act ( 42 U.S.C. 1396(a)(10)(C)(iv) ) is amended by inserting , or (29) after (24) . (b) State option To provide child health assistance for evidence-Based preventive services Section 2110(a) of the Social Security Act ( 42 U.S.C. 1397jj(a) ) is amended— (1) by redesignating paragraph (28) as paragraph (29); and (2) by inserting after paragraph (27) the following: (28) Evidence-based preventive services described in section 1905(ee). . 203. Coverage of medical nutrition therapy under Medicaid and CHIP (a) State Option To Provide Medical Assistance for Medical Therapy Services (1) In general Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ), as amended by section 202(a)(1), is amended— (A) in paragraph (29), by striking and at the end; (B) by redesignating paragraph (30) as paragraph (31); and (C) by inserting after paragraph (29) the following: (30) medical nutrition therapy services (as defined in section 1861(vv)(1)) for individuals with prediabetes or obesity or who are overweight (as defined by the Secretary); and . (2) Conforming amendment Section 1902(a)(10)(C)(iv) of such Act ( 42 U.S.C. 1396(a)(10)(C)(iv) ), as amended by section 202(a)(2), is amended by striking or (29) and inserting (29), or (30) . (b) State option To provide child health assistance for medical nutrition therapy services Section 2110(a) of the Social Security Act ( 42 U.S.C. 1397jj(a) ), as amended by section 202(b), is amended— (1) by redesignating paragraph (29) as paragraph (30); and (2) by inserting after paragraph (28) the following: (29) Medical nutrition therapy services (as defined in section 1861(vv)(1)) for individuals with prediabetes or obesity or who are overweight (as defined by the Secretary). . 204. Clarification of EPSDT inclusion of prevention, screening, and treatment services for obesity and overweight; CHIP coverage (a) In general Section 1905(r) of the Social Security Act ( 42 U.S.C. 1396d(r) ) is amended— (1) in paragraph (1)(B)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting , and ; and (C) by adding at the end the following: (vi) weight and BMI measurement and monitoring. ; and (2) in paragraph (5), by inserting (including treatment services related to obesity and body weight, such as medical nutrition therapy services (as defined in section 1861(vv)(1)), physical therapy, exercise training, behavioral health counseling, and such other evidence-based services as recommended by the Secretary (taking into consideration the American Academy of Pediatrics Expert Committee Guidelines Regarding the Prevention, Assessment, and Treatment of Child and Adolescent Overweight and Obesity and the National Center on Health, Physical Activity, and Disability’s Physical Activity Guidelines for Individuals with Disabilities) after screening services . (b) CHIP (1) Required coverage Section 2103 of the Social Security Act ( 42 U.S.C. 1397cc ) is amended— (A) in subsection (a), in the matter preceding paragraph (1), by striking and (7) and inserting (7), and (8) ; and (B) in subsection (c)— (i) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (ii) by inserting after paragraph (6), the following: (7) Prevention, screening, and treatment services for overweight and obese The child health assistance provided to a targeted low-income child shall include coverage of weight and BMI measurement and monitoring, as well as appropriate treatment services, including medical nutrition therapy services (as defined in section 1861(vv)(1)), physical therapy or exercise training, including steps needed to make such therapy and training inclusive for persons with disabilities, behavioral health counseling, and such other evidence-based services as recommended by the Secretary. For purposes of the previous sentence the Secretary shall take into consideration the American Academy of Pediatrics Expert Committee Guidelines Regarding the Prevention, Assessment, and Treatment of Child and Adolescent Overweight and Obesity and the National Center on Health, Physical Activity, and Disability’s Physical Activity Guidelines for Individuals with Disabilities. . (2) Conforming amendment Section 2102(a)(7)(B) of the Social Security Act ( 42 U.S.C. 1397bb(c)(2) ) is amended by striking section 2103(c)(5) and inserting paragraphs (5) and (7) of section 2103(c) . 205. National Commission on Child Obesity (a) Establishment There is established a commission to be known as the National Commission on Child Obesity (in this section referred to as the Commission ). (b) Duties of commission The Commission shall— (1) conduct a comprehensive study that examines and assesses the needs of children relating to the prevalence, prevention, and treatment of childhood overweight and obesity, including specific findings relating to— (A) best practices for the prevention and treatment of childhood overweight and obesity; (B) child physical health and mental health; (C) childcare in all settings; (D) child welfare; (E) elementary and secondary education; (F) food availability in neighborhoods; (G) access to health care; (H) health care utilization; (I) built environment; (J) parent physical health and education; (K) underserved communities, including tribal communities, health professional shortage areas designated under section 332 of the Public Health Service Act (42 U.S.C. 254e), medically underserved areas (as defined in section 799B of such Act ( 42 U.S.C. 295p ), and areas in the Appalachian region (as defined in section 14102(a) of title 40, United States Code); (L) relevant activities in childhood overweight and obesity; (M) the availability of information on State and Federal supportive nutrition programs, such as the Summer Food Service Program, the Women, Infants, and Children Program, the State Children’s Health Insurance Program under title XXI of the Social Security Act, and the Supplemental Nutrition Assistance Program; and (N) children with disabilities; (2) identify, review, and evaluate existing laws, regulations, policies, programs, and public health initiatives relevant to best practices for the prevalence, prevention, and treatment of childhood overweight and obesity; (3) identify, review, and evaluate the lessons learned from past laws, regulations, policies, programs, and public health initiatives relevant to the prevalence, prevention, and treatment of childhood overweight and obesity; (4) advise on the need to revise laws, regulations, policies, and programs relative to addressing best practices for the prevalence, prevention, and treatment of childhood overweight and obesity at regular intervals as new knowledge is gained; (5) include in the interim report required by subsection (i)(1) recommendations on— (A) the appropriate Federal agency to establish the infrastructure for the creation of a comprehensive nationwide registry of patient data associated with children living with obesity; (B) the specific criteria needed for such registry to allow the field of pediatric clinicians access to patient-level, clinical data suitable for research and the development of best practices; (C) the appropriate funding level required for the establishment and implementation of such the registry described in subparagraph (A); and (D) how to capture large-scale data that are currently unavailable on adolescent and child patients who are currently obese; and (6) include in the final report required by subsection (i)(3) the Commission’s specific findings, conclusions, and recommendations to address the needs of children relating to the prevention and treatment of childhood overweight and obesity, including specific recommendations on— (A) the need for planning and establishing a national resource center for children and obesity; and (B) such coordination of resources and services, administrative actions, policies, regulations, and legislative changes as the Commission considers appropriate. (c) Composition (1) Members The Commission shall be composed of 15 members, of whom— (A) 3 members, including at least one from each major national political party, shall be appointed by the President; (B) 3 members shall be appointed by the majority leader of the Senate; (C) 3 members shall be appointed by the minority leader of the Senate; (D) 3 members shall be appointed by the Speaker of the House of Representatives; and (E) 3 members shall be appointed by the minority leader of the House of Representatives. (2) Appointment Members of the Commission shall be appointed not later than 6 months after the date of the enactment of this Act. (3) Chairperson, vice chairperson, and meetings (A) In general Not later than 30 days after the date on which all members of the Commission are appointed under paragraph (1), such members shall meet to elect a Chairperson and Vice Chairperson from among such members and shall determine a schedule of Commission meetings. (B) Initial meeting The Commission shall meet and begin the operations of the Commission not later than 120 days after the appointment of members of the Commission. (4) Governmental appointees An individual appointed to the Commission may not be an official or employee of the Federal Government. (5) Commission representation The Commission shall include at least one— (A) representative from each of a nonprofit and for-profit entity with demonstrated expertise in addressing the needs of children relating to the prevalence, prevention, and treatment of childhood overweight and obesity; (B) State or local director of health; and (C) tribal health representative. (6) Qualifications Members appointed under paragraph (1) may include— (A) individuals involved with providing services to children, including health and other social services; (B) individuals involved with administering health insurance coverage to children; (C) individuals with experience in public health initiatives relating to the prevention and treatment of childhood overweight and obesity, including coordination of resources and services among State and local governments, the Federal Government, and nongovernmental entities; (D) individuals with philanthropic experience focused on the needs of children relating to the prevalence, prevention, and treatment of childhood overweight and obesity; (E) individuals who have conducted academic research relating to the prevalence, prevention, and treatment of childhood overweight and obesity; and (F) individuals with significant experience in child health and policy. (7) Quorum and Vacancy (A) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (B) Vacancy Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. (d) Powers of commission (1) Hearings The Commission may hold such hearings, meet and act at such times and places, and receive such evidence as may be necessary to carry out the functions of the Commission. (2) Information from Federal agencies (A) In general The Commission may access, to the extent authorized by law, from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government such information, suggestions, estimates, and statistics as the Commission considers necessary to carry out this section. (B) Provision of information On written request of the Chairperson of the Commission, each department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government shall, to the extent authorized by law, provide the requested information to the Commission. (C) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (3) Assistance from Federal agencies (A) General services administration On request of the Chairperson of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support and other assistance necessary for the Commission to carry out its duties. (B) Other departments and agencies In addition to assistance under subparagraph (A), departments and agencies of the United States may provide to the Commission such assistance as they determine advisable and as authorized by law. (4) Contracting The Commission may enter into financially reasonable contracts to enable the Commission to discharge its duties under this section. (5) Postal services The Commission may use the United States mails in the same manner and under the same conditions as a department or agency of the United States. (e) Staff of commission (1) In general The Chairperson of the Commission, in consultation with the Vice Chairperson, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director, policy director, and administrative assistant (and other staff if agreed upon by a majority of Commission members) to enable the Commission to carry out its functions, in accordance with the provisions of title 5, United States Code, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Staff of Federal agencies Upon request of the Chairperson of the Commission, the head of any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government may detail, without reimbursement, any of its personnel to the Commission to assist it in carrying out its duties under this section. Any detail of an employee shall be without interruption or loss of civil service status or privilege. (3) Consultant services The Commission is authorized to procure (pursuant to a majority vote of the Commission members) the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (f) Travel expenses Each member of the Commission shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (g) Applicability of FACA The Federal Advisory Committee Act, including any provisions applicable to staff, is deemed to apply to the Commission. (h) Reports of commission; termination (1) Interim report The Commission shall, not later than 1 year after the date of its first meeting, submit to the President and the Congress an interim report containing specific findings, conclusions, and recommendations required under this section and agreed to by a majority of Commission members. (2) Other reports and information (A) Reports The Commission may issue additional reports as the Commission determines necessary. (B) Information The Commission may hold public hearings to collect information and shall make such information available for use by the public. (3) Final report The Commission shall, not later than 2 years after the date of its first meeting, submit to the President and Congress a final report containing specific findings, conclusions, and recommendations required under this section and agreed to by a majority of Commission members. (4) Termination (A) In general Unless reauthorized by statute, the Commission, and all the authorities of this section, shall terminate 180 days after the date on which the final report is submitted under paragraph (3). (B) Records Not later than the date of termination of the Commission under subparagraph (A), all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives. (i) Definitions In this section: (1) Obesity The term obesity with respect to children means having a body mass index (BMI) greater than or equal to the 95th percentile for age and sex according to the Centers for Disease Control and Prevention. (2) Child; children The terms child and children mean an individual or individuals, respectively, who have not attained 18 years of age. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section, $1,500,000 for each of fiscal years 2015 and 2016. 206. GAO report Not later than 2 years after the first appropriation of Federal funds to carry out this Act, the Comptroller General of the United States shall submit to Congress a report on the effectiveness of the activities carried out under this Act in reducing child obesity, which shall include an analysis of the costs and the benefits of such activities. III Encouraging Physical Activity in Underserved American Communities 301. Renovation of foreclosed and abandoned properties to create spaces that encourage physical activity in American neighborhoods Section 106(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(a) ) is amended— (1) in paragraph (3)— (A) by striking (1) and and inserting (1), ; and (B) by inserting and after reserving such amounts for units of general local government, special district governments, and Indian tribes with high foreclosure rates and great infrastructure need under paragraph (4), after paragraph (2), ; (2) by redesignating paragraph (4) as paragraph (5); (3) in paragraph (5), as redesignated by paragraph (2) of this section, by striking paragraphs (1), (2), and (3) and inserting paragraphs (1), (2), (3), and (4) ; and (4) by inserting after paragraph (3) the following new paragraph: (4) (A) For each fiscal year, of the amount approved in appropriation Acts under section 103 for grants for such fiscal year (excluding the amounts provided for use in accordance with section 107), the Secretary shall reserve for grants to units of general local government, special district governments, and Indian tribes that the Secretary determines have both high foreclosure rates and the greatest infrastructure needs, based on the scope of the needs, an amount the Secretary determines necessary. (B) Grants under this paragraph may be used by units of general local government, special district governments, and Indian tribes to— (i) renovate foreclosed commercial properties, abandoned commercial properties, or both, to be transformed into community centers, public recreation facilities, swimming pools, or any other type of facility that will encourage indoor physical activity; (ii) demolish foreclosed or abandoned commercial and residential properties, or both, to use the sites for— (I) the construction of parks, playgrounds, outdoor swimming pools, tracks, soccer fields, baseball diamonds, or any other type of facility that will encourage outdoor physical activity; (II) community gardens or urban farms, particularly in areas that are food deserts (as such term is defined in section 7527(a) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–234 ; 122 Stat. 2039); or (III) mixed-use facilities that are used for both of the purposes under subclauses (I) and (II) of this clause; and (iii) reconstruct and repair dilapidated sidewalks, bike and pedestrian trails, and indoor and outdoor facilities that encourage physical activity. (C) In making grants under this paragraph, the Secretary shall give priority among units of general local government, special district governments, and Indian tribes eligible pursuant to subparagraph (A)— (i) to units of general local government, special district governments, and Indian tribes that demonstrate the ability and willingness to work with local educational agencies, developers, and other community-based organizations to enter into mixed-use agreements to maximize the use and efficiency of properties renovated, constructed, or reconstructed and repaired through the use of grant funds; (ii) to units of general local government, special district governments, and Indian tribes that demonstrate the willingness to recognize and promote the involvement of individuals enrolled in a national service program authorized under the National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ) or the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4950 et seq. ) in the renovation, construction, or reconstruction and repair of properties through the use of grant funds; (iii) to projects proposed by units of general local government, special district governments, and Indian tribes that are easily accessible, on foot or by public transportation, for persons in low-income communities; and (iv) to projects proposed by units of general local government, special district governments, and Indian tribes that have particular accessibility considerations for persons with disabilities. (D) For purposes of this paragraph, the term special district government means any organized local entity, known by a variety of titles, including districts, authorities, boards, and commissions, other than a unit of general local government or local educational agency, authorized by State law to provide only one or a limited number of designated functions, and with sufficient administrative and fiscal autonomy to qualify as a separate government unit, as determined by the Secretary. . 302. National Youth Sports Program revitalization Section 682(g) of the Community Services Block Grant Act ( 42 U.S.C. 9923(g) ) is amended by striking $15,000,000 and all that follows through 2003 and inserting $20,000,000 for each of the fiscal years 2015 through 2024 . 303. Expansion of the Zuni Youth Enrichment Project Summer Camp (a) In general The Secretary of Health and Human Services shall establish a 2-year pilot program to provide funds to community-based organizations on Indian reservations or tribal lands to plan and implement an enrichment program for children (in the form of a summer camp and a year-round program) for the purpose of— (1) reversing the epidemics of obesity, diabetes, and alcoholism in such areas; and (2) to mitigate other problems stemming from the formation of bad habits and the development of low self-esteem during childhood. (b) Partnerships In order to qualify for funding under subsection (a) , a community-based organization shall demonstrate, to the satisfaction of the Secretary of Health and Human Services, that the organization has entered into a partnership with community entities, local funders, and tribal leaders (including, if applicable, the tribal council) to plan and execute an enrichment program under subsection (a) . (c) Number of sites The Secretary of Health and Human Services, in providing funding under subsection (a) , shall provide funding to no more than 20 community-based organizations. (d) Model and camp requirement The enrichment program under subsection (a) shall— (1) be modeled on similar programs established by the Zuni Youth Enrichment Project; and (2) shall include a camp of at least 6 weeks in duration during the summer . (e) Specific camp requirements (1) Daily activities With respect to children attending a camp under subsection (d)(2) , the leader of the organization that receives funds under subsection (a) shall, for each day of the camp, ensure that such children are— (A) involved in at least 60 minutes of physical activity (with appropriate accommodations made for children with disabilities); and (B) provided with at least two meals that meet national nutritional standards. (2) Other activities Such leader shall also ensure that— (A) a community gardening activity is included in the activities conducted at the camp; and (B) health and wellness education is provided to the children attending the camp. (f) Evaluation (1) In general A community-based organization that receives funding under subsection (a) , shall, as a condition of receiving such funding, conduct an evaluation of the enrichment program conducted by such organization. (2) Model The form, manner, content, and frequency of the evaluation under paragraph (1) shall be modeled on the Zuni Youth Enrichment Project standard project evaluation. (g) Report Not later than 1 year after the date on which a community organization first receives funding under subsection (a) and annually thereafter, the organization shall— (1) submit a report to the Secretary of Health and Human Services on the outcomes of the enrichment program conducted by the organization under this section, including— (A) the findings of the evaluation conducted under subsection (f) ; and (B) the impact of such enrichment program on the rates of childhood obesity on the reservation or area of tribal land served by the organization; and (2) provide a copy of the findings under paragraph (1)(A) to community entities, local funders, tribal leaders (including, if applicable, the tribal council), and the families of children participating in the enrichment program. 304. Making routes to schools in underserved communities safe and accessible with public participation through the Community Oriented Policing Services Program Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd ) is amended— (1) in subsection (b)— (A) in paragraph (16), by striking and after the semicolon; (B) by redesignating paragraph (17) as paragraph (18), and in such paragraph (18) (as so redesignated), by striking through (16) and inserting through (17) ; and (C) by inserting after paragraph (16) the following new paragraph: (17) to award grants for Safe Routes to School-Community Oriented Policing Services programs, in accordance with subsection (l); and ; and (2) by adding at the end the following new subsection: (l) Safe Routes to School-Community Oriented Policing Services programs (1) Grant program The Director of the Office of Community Oriented Policing Services, in collaboration with the Secretary of Education, shall award grants to not fewer than 10 local and tribal law enforcement agencies in low-income communities for the planning, development, and assessment of Safe Routes to School-Community Oriented Policing Services programs in accordance with this subsection. (2) Grant period Each grant awarded under this subsection shall be for a 3-year period beginning with the first fiscal year that begins after the date of enactment of the Fit for Life Act of 2014 , and may not be renewed. (3) Use of grants A grant awarded under this subsection shall be used by each grantee to— (A) assess the needs of the low-income community served by the grantee with respect to the ability of elementary and secondary school students to get to and from school safely; and (B) establish and maintain a Safe Routes to School-Community Oriented Policing Services program that ensures the availability of safe routes to and from school for elementary and secondary school students in underserved communities by addressing the unique personal safety dangers to students in such communities that may cause routes to or from school to be unsafe, such as dangers associated with crime, drug or gang activity, abandoned properties, and the presence of sexual predators. (4) Reports Not later than one year after receiving a grant award under this subsection, and annually thereafter, each grantee shall submit to the Director of the Office of Community Oriented Policing Services a report on the Safe Routes to School-Community Oriented Policing Services program carried out by the grantee that includes— (A) a description of the activities carried out with such grant during the preceding year; (B) the effectiveness of such activities in ensuring safe routes to and from school for elementary and secondary school students; (C) a description of the activities the grantee plans to carry out with such grant in succeeding years; and (D) best practices, plans, and findings for purposes of incorporation into urban planning and development in underserved communities in succeeding years. (5) Definition The term low-income communities includes— (A) communities with a high percentage of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); and (B) any other communities determined by the Director of the Office of Community Oriented Policing Services to be low-income for purposes of this section. . 305. School infrastructure healthier upgrades competitive grant (a) In general From the amounts appropriated to carry out this Act, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to upgrade facilities specifically pertaining to healthy eating and fitness. (b) Authorized use of fund An eligible entity receiving a grant under this section shall use such grant to upgrade facilities specifically pertaining to healthy eating and fitness, which may include— (1) building or maintaining school gardens; (2) renovating outdoor facilities for physical educations or activity programs; or (3) upgrading kitchen and cafeteria services to better prepare and store healthy foods. (c) Priority In awarding grants under this section to eligible entities that are local educational agencies, the Secretary shall give priority to local educational agencies that— (1) serve a high-percentage of low-income students; (2) serve a high-percentage of students who are minorities; (3) serve a high-percentage of students with childhood obesity; and (4) serve schools that have joint use agreements for afterschool programs or community-wellness partnerships for afterschool or weekend use. (d) Definitions In this section: (1) Eligible entity The term eligible entity means a local educational agency or licensed childcare centers with evidence-based wellness programs. (2) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Secretary The term Secretary means the Secretary of Education. 306. Shared use agreement expansion pilot grant program (a) In general From the amounts appropriated to carry out this section, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to supplement programmatic costs, operations, security, maintenance fees, and other costs associated with out-of-school use of elementary school or secondary school buildings or facilities for physical activity, fitness, and wellness purposes. (b) Grant terms Each grant under this section shall be awarded for a period of not more than 3 years. (c) Total grants The Secretary shall award not less than 15 grants under this section for each fiscal year for which funds are appropriated to carry out this section. (d) Priority In awarding grants under this section, the Secretary shall give priority to each eligible entity that— (1) serves low-income and minority populations; (2) serves communities with high levels of childhood obesity; and (3) is supporting a joint or shared-use agreement (as described in subsection (e)(2)(A)) that— (A) was established not more than 5 years before the eligible entity received a grant under this section; and (B) allows the open community use of elementary school or secondary school buildings or facilities as opposed to only fee-based sports league use. (e) Definitions In this section: (1) ESEA terms The terms elementary school and secondary school have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Eligible entity The term eligible entity means an elementary school, secondary school, local government, or community partner that has— (A) adopted or entered into a joint or shared-use agreement authorizing elementary school or secondary school buildings or facilities to be used by community and nonprofit organizations for community programs; and (B) the ability to use funds to support such community programs. (3) Secretary The term Secretary means the Secretary of Education. 307. Land and Water Conservation Fund Program grants in low-income communities and expand tribal participation Section 6(e) of the Land and Water Conservation Act of 1965 ( 16 U.S.C. 460l–8(e) ) is amended by adding at the end the following: (3) Low-income communities and Indian reservations For development of programs to increase the use of and access to parks and open space in low-income communities and on or near Indian reservations. . 308. Changing Hearts, Attitudes, and Minds by Participating in Sports (CHAMPS) Program Part B of title III of the Public Health Service Act is amended by inserting after section 317T (42 U.S.C. 247b–22) the following: 317U. Changing Hearts, Attitudes, and Minds by Participating in Sports (CHAMPS) Program (a) In General The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to carry out nationally based or community-based qualified childhood obesity prevention initiatives. (b) Eligible entities To be eligible to seek a grant under this section, an entity shall be— (1) a nationally based nonprofit organization proposing to implement programs described in subsection (c), each serving at least 1,000 individuals, at 5 or more locations across the Nation; or (2) a community-based nonprofit organization proposing to implement a program described in subsection (c) serving at least 1,000 individuals. (c) Qualified childhood obesity prevention initiative To qualify as a childhood obesity prevention initiative eligible for funding under this section, an initiative shall consist of programs that— (1) serve children or adolescents most at risk for being overweight and obese in predominantly economically disadvantaged communities; (2) serve children or adolescents during after-school hours, weekends, or summer hours; (3) provide structured physical fitness activities, including organized sports, which engage each participant in a minimum of 60 minutes of moderate to vigorous physical activity at least three days per week for a period of at least 24 weeks in a given year; (4) provide adult supervision and guidance or coaches who encourage and teach proper exercise techniques and skills; (5) combine physical fitness activities with nutritional counseling and education; and (6) demonstrate measurable results for reducing childhood obesity on the part of participants, including through— (A) measurement and study of participants’ moderate to vigorous physical activity (MVPA) each day, both as part of the programs funded under this section and on the participants’ own initiative; (B) increased knowledge of and awareness about the importance of physical activity and exercise as well as the nutritional value of food and beverage choices; (C) keeping track of and reporting meaningful reductions in the consumption of food and beverages with low nutritional value, increased consumption of healthy items, and increased levels of unstructured, self-initiated physical activity outside of the programs funded under this section; and (D) measurement and study of participants’ body mass index (BMI) indicating that— (i) children entering programs funded under this section with a healthy body mass index maintain it while participating in such programs; and (ii) children participating in such programs with an unhealthy body mass index halt any negative trend lines toward obesity or begin trend lines in a positive direction. (d) Priority In selecting among applicants for grants under this section, the Secretary shall give priority to eligible entities proposing to carry out programs that will provide additional societal benefits, such as— (1) effectiveness in working with programs for ethnic and racial minorities that are evaluated by independent, third-party evaluators; (2) improvements to academic performance in school; (3) character building and leadership development; (4) gang and juvenile delinquency prevention and reduction; (5) gender equality and female empowerment; (6) mentoring, volunteerism promotion, and service-learning opportunities; (7) family and community engagement and participation; (8) workforce education and career development opportunities; or (9) being inclusive of persons with disabilities. (e) Distribution of funds Of the amount made available to carry out this section for a fiscal year, the Secretary shall award— (1) not less than 25 percent of such amount to nationally based nonprofit organizations described in subsection (b)(1); and (2) not more than 75 percent of such amount to community-based nonprofit organizations described in subsection (b)(2). (f) Cost-Share requirements (1) In general With respect to the costs of a qualified childhood obesity prevention initiative to be carried out under this section— (A) in the case of an applicant that is a nationally based nonprofit organization, a grant under subsection (a) may be made only if the organization agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than one-third of such costs ($1 for each $2 of Federal funds provided in the grant); and (B) in the case of an applicant that is a community-based nonprofit organization, a grant under subsection (a) may be made only if the organization agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than one-fourth of such costs ($1 for each $3 of Federal funds provided in the grant). (2) Non-Federal contributions by subgrantees If a nationally based nonprofit organization chooses to provide grant funds received under this section to a subgrantee to carry out one or more programs as part of the organization’s qualified childhood obesity prevention initiative, the organization shall require the subgrantee to make available (directly or through donations from public or private entities) non-Federal contributions toward the costs of such programs in an amount that is not less than one-third of such costs ($1 for each $2 of Federal funds provided in the grant). The amount of non-Federal contributions by subgrantees required under this paragraph is in addition to the amount of non-Federal contributions by the nationally based nonprofit organization required under paragraph (1). (3) Determination of amount contributed (A) In general Non-Federal contributions required by paragraph (1) or (2)— (i) in the case of a nationally based nonprofit organization, shall be made in cash; and (ii) in the case of a subgrantee described in paragraph (2) or a community-based nonprofit organization, may be in cash or in kind, fairly evaluated, including plant, equipment, or services. (B) Exclusion of Federal contributions Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of non-Federal contributions required by paragraph (1) or (2). (g) Report to Congress Not later than one year after the first appropriation of Federal funds to carry out this section, the Secretary shall report to the Congress on the progress made in carrying out programs funded by grants under this section. (h) Best practices guidelines Based on the results of programs funded through grants under this section during the first two fiscal years of such funding, the Secretary shall develop publicly accessible best practices guidelines for obesity reduction programs. The Secretary shall update these guidelines every two years. (i) Authorization of appropriations To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2015 through 2019. . 309. Coordinated school health initiatives (a) In general From the amounts appropriated to carry out this section, the Secretary of Education shall carry out a pilot program to award grants to not more than 5 eligible entities to carry out coordinated school health initiatives in schools. (b) Amount of grant A grant awarded under subsection (a) may not exceed $15,000. (c) Use of funds An eligible entity receiving a grant under this section shall carry out a coordinated school health initiative in each school under the jurisdiction of the entity under which the entity shall— (1) carry out a program, such as a fitness program, to assess the physical fitness (including aerobic capacity, muscular strength and endurance, flexibility, and body composition) of each student served by the entity; and (2) evaluate such assessments to— (A) establish baselines with respect to aerobic capacity, muscular strength and endurance, flexibility, and body composition that each such student should meet by a certain period; and (B) identify interventions to assist each such student, including those with disabilities, in meeting such baselines; (3) review the interventions identified under paragraph (2)(B) to determine the best practices with respect to such interventions; (4) use the determinations for best practices under paragraph (3) to implement interventions in each school under the jurisdiction of the entity; and (5) not later than 1 year after the implementation of the interventions, assess the physical fitness of each student served by the entity. (d) Reporting (1) Eligible entity Each eligible entity receiving a grant under this section shall submit to the Secretary at such time and in such manner as determined by the Secretary, a report on— (A) the initial physical fitness assessments carried out under subsection (c)(1) ; (B) the interventions implemented under subsection (c)(4) ; and (C) the physical fitness assessments carried out under subsection (c)(5) after the interventions have been implemented. (2) Secretary Not later than the first appropriation of Federal funds to carry out this section, the Secretary shall use the reports received under paragraph (1) to prepare and transmit to Congress a report on— (A) the average physical fitness levels of students participating in the coordinated school health initiative under this section— (i) prior to the interventions implemented by each eligible entity under this section; and (ii) 1 year after the implementation of the interventions; (B) the best practices with respect to the interventions; and (C) recommendations on how schools and local educational agencies may incorporate such best practices. (e) Application To receive a grant under this section, an eligible entity shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. (f) Supplement, Not Supplant Funds received under this section shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this section. (g) Definitions For purposes of this section: (1) Eligible entity The term eligible entity means a local educational agency— (A) that serves— (i) a high percentage of students eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act; or (ii) a community otherwise determined by the Secretary to be a low-income community; and (B) that forms a partnership with an institution of higher education or a nonprofit health or education organization, as determined by the Secretary, for the purposes of carrying out the coordinated school health initiative described in subsection (c) . (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Local educational agency The term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secretary The term Secretary means the Secretary of Agriculture. 310. Rewarding elementary and secondary schools for outstanding student performance in physical fitness programs (a) In general The Secretary of Health and Human Services may make grants to elementary and secondary schools as rewards for their students’ outstanding performance in the Presidential Youth Fitness Program or other federally supported physical fitness programs. (b) Preference In making grants under subsection (a), the Secretary shall give preference to elementary and secondary schools that— (1) have the highest percentage of students earning a Presidential Physical Fitness Award through the Presidential Youth Fitness Program; (2) demonstrate the greatest improvement in the number or percentage of students earning the National Physical Fitness Award and the Participant Physical Fitness Award through the Presidential Youth Fitness Program; and (3) implement evidence-based physical education and physical activity policies and programs that align with the Presidential Youth Fitness Program. (c) Allocation of funds for underperforming schools Of the amounts made available for grants under this section for each fiscal year, the Secretary shall set aside a portion of such amounts for underperforming elementary and secondary schools that— (1) are in need of improvement; (2) meet the requirements of this section; and (3) have evidence-based physical education and physical activity policies and programs. (d) Use of funds As a condition on receipt of a grant under this section, a school shall agree to use the grant funds for programs and activities to further improve the physical fitness of students. (e) Data requirements As a condition on receipt of a grant, a school shall agree to report the results achieved at the school through the Presidential Youth Fitness Program or other Federal physical fitness programs to the community and the relevant State agency— (1) to improve tracking of physical fitness data across the United States; and (2) to inform efforts to strengthen local wellness policies to improve student physical activity and physical fitness. (f) Application To seek a grant under this section, a school shall submit an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, an application under this subsection shall include— (1) a description of the school’s programs and activities for improving physical fitness; (2) an assurance of compliance with applicable requirements of physical fitness programs of the Department of Health and Human Services; and (3) an assessment of physical fitness levels of students in the school before, during, and after implementation such programs. (g) Reports (1) HHS Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the Congress on the program of grants under this section, including— (A) a description of best practices by elementary and secondary schools for improving physical fitness; and (B) any recommendations for improving the program under this section. (2) GAO Not later than 24 months after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study and submit a report to the Congress— (A) analyzing physical fitness levels of students in elementary and secondary schools across the Nation; (B) evaluating the President’s Challenge to determine whether the standards for Presidential Physical Fitness Awards, National Physical Fitness Awards, and Participant Physical Fitness Awards are accurate, up-to-date, and appropriate; and (C) evaluating the effectiveness of the awards described in subparagraph (B). (h) Definitions In this section: (1) The term elementary and secondary schools means public or private elementary schools and secondary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )). (2) The term President’s Challenge refers to the premier program of the President’s Council on Fitness, Sports & Nutrition, under the Secretary of Health and Human Services, for increasing physical activity and improving physical fitness. (3) The term Secretary means the Secretary of Health and Human Services.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4765ih/xml/BILLS-113hr4765ih.xml
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113-hr-4766
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I 113th CONGRESS 2d Session H. R. 4766 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Gardner (for himself, Mr. Tipton , Mr. Lamborn , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , 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 prohibit the Secretary of Veterans Affairs from paying bonuses to certain employees of the Department of Veterans Affairs until the backlog of disability claims is resolved, to establish a commission to evaluate such backlog, and for other purposes.
1. Table of contents The table of contents for this Act is as follows: Sec. 1. Table of contents. Sec. 2. Limitation on payment of bonuses until the resolution of the backlog of disability claims. Sec. 3. Evaluation of backlog of disability claims and appeals of claims of Department of Veterans Affairs. Sec. 4. Supplemental reports to the Strategic Plan to Eliminate the Compensation Claims Backlog. Sec. 5. Expedition of transfer of certain records. Sec. 6. Claims processors training. Sec. 7. Report by Comptroller General of the United States. Sec. 8. Priority for processing claims of the Department of Veterans Affairs. Sec. 9. Public availability of certain information about pending and completed claims for compensation under the laws administered by the Secretary of Veterans Affairs. Sec. 10. Annual report on processing of claims. Sec. 11. Department of Veterans Affairs notice of average times for processing claims and percentage of claims approved. Sec. 12. Claim defined. 2. Limitation on payment of bonuses until the resolution of the backlog of disability claims The Secretary of Veterans Affairs may not pay to an individual who is employed in the Senior Executive Service an award or bonus under chapter 45 or 53 of title 5, United States Code, or any other award or bonus authorized under such title, until the date on which the Secretary certifies to the Committees on Veterans' Affairs of the House of Representatives and the Senate that the backlog of disability claims has been resolved. 3. Evaluation of backlog of disability claims and appeals of claims of Department of Veterans Affairs (a) In general There is established a commission or task force to evaluate the backlog of claims within the Department of Veterans Affairs and the appeals process of claims. (b) Studies (1) Backlog study (A) In general The Commission or Task Force, acting through the subcommittee described in subsection (d)(2)(A), shall carry out a study on the backlog of claims, including the current process the Secretary of Veterans Affairs uses to evaluate claims and appeals and the laws and regulations applicable to such claims and appeals. Such study shall be a comprehensive evaluation and assessment of the backlog of claims, an analysis of possible improvements to the procedures used to process such claims, and any related issues that the Commission or Task Force considers relevant. (B) Matters included In carrying out the study under subparagraph (A), the Commission or Task Force shall examine the following: (i) The backlog of claims, including an analysis of— (I) the most effective means to quickly and accurately resolve all claims pending as of the date of the study; and (II) with respect to the Department, the annual funding, number of full-time employees, workload management practices, and the progress, as of the date of the study, of the strategic plan. (ii) Possible improvements to the claims process, including an evaluation and recommendations with respect to whether substantive and structural changes to the overall claims process are required. (iii) In carrying out the evaluation and recommendations under subparagraph (B), an examination of— (I) options that make no major substantive changes to the claims process; (II) options that maintain the process but make minor changes; and (III) options that make broad changes to the process. (2) Appeals process study (A) In general The Commission or Task Force, acting through the subcommittee described in subsection (d)(2)(B), shall carry out a study on the anticipated increase of appeals of claims, including the current appeals process and the laws and regulations applicable to such appeals. Such study shall be a comprehensive evaluation and assessment of such anticipated increase of appeals claims, an analysis of possible improvements to the procedures used to process such appeals, and any related issues that the Commission or Task Force considers relevant. (B) Matters included In carrying out the study under subparagraph (A), the Commission or Task Force shall examine the following: (i) The anticipated surge in appeals of claims, including an analysis of— (I) the most effective means to quickly and accurately resolve pending appeals and future appeals; (II) with respect to both the Board and the Court of Appeals for Veterans Claims, the annual funding, number of full-time employees, workload management practices, and the progress, as of the date of the study, of the strategic plan; and (III) the efficiency, effectiveness, and utility of the Veterans Benefits Management System with respect to appeals operations, including an identification of key changes that may need to be implemented to such system. (ii) Possible improvements to the appeals process, including an evaluation and recommendations with respect to whether substantive and structural changes to the overall appeals process are required. (iii) In carrying out the evaluation and recommendations under clause (ii), an examination of— (I) options that make no major substantive changes to the appeals process; (II) options that maintain the process but make minor changes; (III) options that make broad changes to the process; (IV) the necessity of the multi-tiered levels of appeals at the regional office level, including filing a notice of disagreement, receipt of a statement of the case, supplemental statement of the case (if applicable), and substantive appeal (VA Form 9); (V) the role of the Board and the Appeals Management Center, including— (aa) the effectiveness of the workload management of the Board and the Center; (bb) whether the Board and Center should be regionalized or maintain the centralized structure in the District of Columbia; (cc) whether Board members should be required to pass the administrative law judges certification examination; and (dd) whether the Board should continue to require de novo review of appeals; and (VI) the role of the Court of Appeals for Veterans Claims and the United States Court of Appeals for the Federal Circuit, including— (aa) the continued effectiveness and necessity of a multi-tiered structure of judicial review; (bb) whether the Court of Appeals for Veterans Claims should have article I or article III status; (cc) expansion of either the Court of Appeals for Veterans Claims or the United States Court of Appeals for the Federal Circuit jurisdiction, including by allowing such courts to hear class action lawsuits with respect to claims; and (dd) the possibility of expanding judicial review of claims to all Federal circuit courts of appeals or allowing judicial review beyond the Court of Appeals for Veterans Claims only by the Supreme Court. (3) Consideration In carrying out the studies under paragraph (1)(A) and (2)(A) and making any recommendations under this section, the Commission or Task Force shall consider the following: (A) The interests of veterans, including with respect to accuracy, fairness, and transparency in the claims process of the Department. (B) The values and requirements of the Constitution, including with respect to compliance with procedural and substantive due process. (C) The public interest, including with respect to the responsible use of available resources. (D) With respect to the study conducted under paragraph (1)(A), the importance of the claimant friendly, nonadversarial nature of the claims process. (E) With respect to the study conducted under paragraph (2)(A), the importance of an appeals process that is efficient and easily understandable by a claimant. (4) Role of Secretary, Chairman of the Board, and Chief Judge (A) Information In carrying out each study under paragraph (1)(A) and (2)(A), at times that the Commission or Task Force determines appropriate, the Commission or Task Force shall submit to the Secretary of Veterans Affairs, the Chairman of the Board, and the Chief Judge of the Court of Appeals for Veterans Claims, as the case may be, information with respect to remedies and solutions that the Commission or Task Force identifies pursuant to such a study. (B) Implementation The Secretary, the Chairman of the Board, and the Chief Judge shall each— (i) fully consider the remedies and solutions submitted to the Secretary, the Chairman, or the Chief Judge, as the case may be, under subparagraph (A); (ii) implement such remedies and solutions as the Secretary, the Chairman, or the Chief Judge, respectively, determines appropriate; and (iii) submit to Congress justification for failing to implement any such remedy or solution. (C) Plan The Commission or Task Force shall submit to the Secretary, the Chairman of the Board, and the Chief Judge a feasible, timely, and cost-effective plan to eliminate the backlog of appeals of claims based on the remedies and solutions identified pursuant to the study under paragraph (2)(A) and the information submitted under subparagraph (A). (c) Comprehensive reports (1) Initial comprehensive report Not later than 60 days after the date on which the Commission or Task Force first meets, the Commission or Task Force shall submit to the President and Congress an initial comprehensive report on the studies conducted under paragraphs (1)(A) and (2)(A) of subsection (b), including— (A) the findings of the causes of the backlog of claims; (B) a proposed plan to handle the anticipated surge in appeals of claims; and (C) the level of cooperation the Commission or Task Force has received from the Secretary and the heads of other departments or agencies of the Federal Government. (2) Interim comprehensive reports Not later than 90 days after the date on which the Commission or Task Force first meets, and each 30-day period thereafter ending on the date on which the Commission or Task Force submits the final comprehensive report under paragraph (3), the Commission or Task Force shall submit to the President and Congress a comprehensive report on— (A) the progress of the Secretary with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection (b)(4)(B)(ii); (B) the progress of the Secretary, the Chairman of the Board, and the Chief Judge of the Court of Appeals for Veterans Claims with respect to implementing solutions to complete appeals of claims in a timely manner in a timely manner pursuant to such subsection; and (C) the level of cooperation the Commission or Task Force has received from the Secretary and the heads of other departments or agencies of the Federal Government. (3) Final comprehensive report Not later than 180 days after the date on which the Commission or Task Force first meets, the Commission or Task Force shall submit to the President and Congress a comprehensive report on the following: (A) With respect to the study conducted under subsection (b)(1)(A)— (i) The findings, conclusions, and recommendations of the Commission or Task Force with respect to the matters referred to in such subsection. (ii) The recommendations of the Commission or Task Force for revising and improving the backlog of claims and the procedures used to process claims. (iii) The progress of the Secretary with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection (b)(4)(B)(ii). (iv) Other information and recommendations with respect to claims as the Commission or Task Force considers appropriate. (B) With respect to the study conducted under subsection (b)(2)(A)— (i) The findings, conclusions, and recommendations of the Commission or Task Force with respect to the matters referred to in such subsection. (ii) The recommendations of the Commission or Task Force for revising and improving the appeals process; (iii) The information described in subsection (b)(4)(A). (iv) The feasible, timely, and cost effective plan described in subsection (b)(4)(C). (v) The progress of the Secretary, the Chairman of the Board, and the Chief Judge of the Court of Appeals for Veterans Claims with respect to implementing solutions to provide timely appeals of claims. (vi) Other information and recommendations with respect to the appeals process as the Commission or Task Force considers appropriate. (d) Membership (1) Number and appointment The Commission or Task Force shall be composed of 15 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. (B) Two members appointed by the minority leader of the House of Representatives, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. (C) Two members appointed by the majority leader of the Senate, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. (D) Two members appointed by the minority leader of the Senate, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. (E) Three members appointed by the President, two of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. (F) One member appointed by the Secretary of Defense, whom shall be designated to serve upon the Subcommittee on the Backlog of Claims. (G) Two members appointed by the Secretary of Veterans Affairs, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. (H) One member appointed by the Chief Judge of the Court of Appeals for Veterans Claims, whom shall be designated to serve upon the Subcommittee on Appeals. (2) Subcommittees The Commission or Task Force shall have two subcommittees as follows: (A) A Subcommittee on the Backlog of Claims consisting of the eight members designated in accordance with paragraph (1). (B) A Subcommittee on Appeals consisting of the seven members designated in accordance with paragraph (1). (3) Qualifications Each member appointed under paragraph (1) shall be appointed based on the experience of the member as a veteran or on the subject matter expertise or other relevant experience of the member. (4) Advisors (A) In general In addition to the 15 members appointed under paragraph (1), the Commission or Task Force shall— (i) have five nonvoting, nonmember advisors, appointed by a majority of the Commission or Task Force, each from a different organization that represents the interests of veterans; and (ii) seek advice from experts from nongovernmental organizations (including veterans service organizations and military organizations), the Internet technology industry, and the insurance industry. (B) Advice Individuals described in clause (i) and (ii) of subparagraph (A) shall provide advice to both subcommittees described in paragraph (2). (5) Chairman The President shall designate a member of the Commission or Task Force who is appointed by the President and designated to serve upon the Subcommittee on the Backlog of Claims to serve as the chairman of the Commission or Task Force. The chairman may designate a member to serve as the chairman of the Subcommittee on the Backlog of Claims and a member to serve as the chairman of the Subcommittee on Appeals to chair such subcommittees as the designee of the chairman of the Commission or Task Force. (6) Period of Appointment Members of the Commission or Task Force shall be appointed for the life of the Commission or Task Force. A vacancy shall not affect its powers. (7) Vacancy A vacancy on the Commission or Task Force shall be filled in the manner in which the original appointment was made. (8) Appointment deadline The appointment of members of the Commission or Task Force established in this section shall be made not later than 15 days after the date of the enactment of this Act. (e) Meetings (1) Initial meeting The Commission or Task Force shall hold its first meeting not later than 15 days after the date on which a majority of the members are appointed. (2) Meetings The Commission or Task Force shall meet at the call of the chairman. (3) Quorum A majority of the members of the Commission or Task Force shall constitute a quorum, but a lesser number may hold hearings. (f) Powers of the Commission or Task Force (1) Hearings The Commission or Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission or Task Force considers advisable to carry out the purposes of this section. (2) Information from Federal Agencies The Commission or Task Force may secure directly from any department or agency of the Federal Government such information as the Commission or Task Force considers necessary to carry out the provisions of this section. Upon request of the chairman, the head of such department or agency shall furnish such information to the Commission or Task Force. (3) Postal Services The Commission or Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts The Commission or Task Force may accept, use, and dispose of gifts or donations of service or property. (g) Personnel Matters (1) Compensation of Members Each member of the Commission or Task Force who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission or Task Force. All members of the Commission or Task Force who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel Expenses The members of the Commission or Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service of the Commission or Task Force. (3) Staff (A) Appointment The chairman of the Commission or Task Force may, without regard to the civil service laws and regulations, appoint an executive director and such other personnel as may be necessary to enable the Commission or Task Force to perform its duties. The appointment of an executive director shall be subject to the approval of the Commission or Task Force. (B) Compensation The chairman of the Commission or Task Force may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of Government Employees Upon request of the chairman of the Commission or Task Force, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission or Task Force to assist it in carrying out its duties. (5) Procurement of Temporary and Intermittent Services The chairman of the Commission or Task Force may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (h) Termination of Commission or Task Force The Commission or Task Force shall terminate 60 days after the date on which the Commission or Task Force submits the final comprehensive report under subsection (c)(3). (i) Funding (1) In general The Secretary shall, upon the request of the chairman of the Commission or Task Force, make available to the Commission or Task Force such amounts as the Commission or Task Force may require to carry out the duties of the Commission or Task Force under this section. (2) Availability Any sums made available to the Commission or Task Force shall remain available, without fiscal year limitation, until the termination of the Commission or Task Force. (j) Definitions In this section: (1) The term appeals process means the process to appeal the determination by the Secretary of a claim beginning with the notice of disagreement filed pursuant to section 7105 of title 38, United States Code, and ending with the review of a decision by the Supreme Court pursuant to section 7292(c) of such title. (2) The term Board means the Board of Veterans’ Appeals. (3) The term strategic plan means the Strategic Plan to Eliminate the Compensation Claims Backlog, published by the Secretary of Veterans Affairs on January 25, 2013. 4. Supplemental reports to the Strategic Plan to Eliminate the Compensation Claims Backlog Not later than 60 days after the date of the enactment of this Act, and every 120 days thereafter until Memorial Day (May 25), 2015, the Secretary of Veterans Affairs shall submit to Congress a supplemental report on the implementation by the Department of Veterans Affairs of the Strategic Plan to Eliminate the Compensation Claims Backlog. Each such report shall include— (1) verification that during the period covered by the report, each claim was approved or denied by not later than 125 days after the date on which the claim is submitted with an accuracy rate of 98 percent, as specified in the Strategic Plan; (2) a description of the specific measures, procedures, and metrics used to assess the implementation of the Strategic Plan for purposes of the supplemental report; and (3) a detailed timeline for the implementation of each initiative contained in the Strategic Plan. 5. Expedition of transfer of certain records (a) SSA records Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Commissioner of the Social Security Administration to ensure that the Commissioner transfers to the Secretary disability or medical records of the Commissioner that the Secretary will use to evaluate a claim by not later than 30 days after the Secretary requests such records. (b) DOD records Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of Defense to ensure that the Secretary of Defense transfers to the Secretary of Veterans Affairs medical records of members or former members of the Armed Forces that the Secretary will use to evaluate a claim by not later than 30 days after the Secretary requests such records. (c) National Guard records Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly— (1) submit to Congress a plan to reduce to 30 days the amount of time needed to provide members of the National Guard and the Secretary of Veterans Affairs with the medical records of such members, including by partnering with appropriate officials of Federal or State departments or agencies; and (2) implement such plan. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 6. Claims processors training (a) Establishment The Secretary of Veterans Affairs shall establish a training program to provide newly hired claims processors of the Department of Veterans Affairs with training for a period of not less than two years. In carrying out such program, the Secretary shall identify successful claims processors of the Department who can assist in the training of newly hired claims processors. (b) Ability To process claims The Secretary shall carry out the training program established under subsection (a) without increasing the amount of time in which claims are processed by the Department. (c) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 7. Report by Comptroller General of the United States Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the progress of the Secretary of Veterans Affairs in improving the timeliness of claims processing and eliminating the backlog of claims. The report shall include any recommendations of the Comptroller General with respect to improving the ability of the Secretary to make such progress. 8. Priority for processing claims of the Department of Veterans Affairs (a) In general Subchapter I of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section: 5109C. Priority for processing claims (a) Priority In processing claims for compensation under this chapter, the Secretary shall provide the following claimants with priority over other claimants: (1) Veterans who have attained the age of 70. (2) Veterans who are terminally ill. (3) Veterans with life-threatening illnesses. (4) Homeless veterans (as defined in section 2002 of this title). (5) Veterans who were awarded the Medal of Honor. (6) Veterans who are former prisoners of war. (7) Veterans whose claims are being reviewed again in relation to a previously denied claim relating to military sexual trauma. (8) Veterans whom the Secretary determines, on a case-by-case basis, are seriously or very seriously injured. (9) Veterans whom the Secretary determines, on a case-by-case basis, should be given priority under this section based on an application for good cause established by the Secretary. (b) Regulations The Secretary shall prescribe regulations to carry out subsection (a). . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109B the following new item: 5109C. Priority for processing claims. . 9. Public availability of certain information about pending and completed claims for compensation under the laws administered by the Secretary of Veterans Affairs (a) In general Subchapter I of chapter 51 of title 38, United States Code, is amended by adding after section 5109C, as added by section 106, the following new section: 5109D. Information about pending and completed claims (a) Availability of information The Secretary shall maintain on the Internet website of the Department publicly accessible information about pending and completed claims for compensation under chapter 11 of this title. Such information shall include each of the following: (1) For each regional office and for the Department as a whole— (A) the average number of days between the date of the submittal of a claim and the date of the decision with respect to the claim for each of the preceding three-month and one-year period; (B) the average number of days such a claim is pending during the preceding three-month and one-year periods; (C) the quality and accuracy rating of the claims adjudication process during the preceding three-month and one-year periods; (D) the number of claims pending; (E) the number of pending claims that have been pending for more than 125 days; and (F) the number of claims completed during— (i) the current month, to date; (ii) the month preceding the current month; (iii) the current calendar year, to date; and (iv) the calendar year preceding the current calendar year. (2) For each medical condition for which a claim for compensation is submitted, for each regional office and for the Department as a whole— (A) the average number of days between the date of the submittal of a claim relating to such medical condition and the date of the decision with respect to the claim for each of the preceding three-month and one-year period; (B) the average number of days such a claim is pending during the preceding three-month and one-year periods; (C) the quality and accuracy rating of the claims adjudication process as applied to claims relating to such medical condition during the preceding three-month and one-year periods; (D) the number of pending claims relating to such condition; (E) the number of such pending claims that have been pending for more than 125 days; and (F) the number of claims relating to such medical condition completed during— (i) the current month, to date; (ii) the month preceding current month; (iii) the current calendar year, to date; and (iv) the calendar year preceding the current calendar year. (b) Updates The Secretary shall update the information on the website under subsection (a) not less frequently than once every seven days. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 5109C, as added by section 8, the following new item: 5109D. Information about pending and completed claims. . 10. Annual report on processing of claims (a) In general Subchapter I of chapter 51 of title 38, United States Code, is amended by adding after section 5109D, as added by section 9, the following new section: 5109E. Annual report on processing of claims (a) Annual report The Secretary shall include in the annual report to Congress required under section 529 of this title information on the following: (1) The automatic processing of claims for compensation. (2) The performance of any regional office that fails to meet the administrative goals of the regional office with respect to timeliness and accuracy in processing claims for compensation. (3) The timeliness of receiving information pursuant to a request by the Secretary to the head of another department or agency of the United States for information required by the Secretary in adjudicating a claim for compensation under chapter 11 of this title. (b) Matters included In carrying out subsection (a) to include information in the report required under section 529 of this title, the Secretary shall include the following: (1) With respect to the information required by subsection (a)(1)— (A) each medical condition for which claims relating to such condition were processed in an electronic automated fashion during the fiscal year covered by the report; (B) the feasibility of processing any additional medical conditions in an electronic automated fashion and any barriers to such processing, including any such barriers relating to the schedule for rating disabilities under section 1155 of this title; (C) the number of claims for compensation relating to each medical condition submitted during such fiscal year; and (D) for each medical condition, the percentage of claims denied and the percentage of claims approved during such fiscal year. (2) With respect to the information required by subsection (a)(2), in the case of any regional office that, for the fiscal year covered by the report, did not meet the administrative goal of having no claim pending for more than 125 days and achieving an accuracy rating of 98 percent— (A) a signed statement prepared by the individual serving as director of the regional office as of the date of the submittal of the report containing— (i) an explanation for why the regional office did not meet the goal; (ii) a description of the additional resources needed to enable the regional office to reach the goal; and (iii) a description of any additional actions planned for the subsequent fiscal year that are proposed to enable the regional office to meet the goal; and (B) a statement prepared by the Under Secretary for Benefits explaining how the failure of the regional office to meet the goal affected the performance evaluation of the director of the regional office. (3) With respect to the information required by subsection (a)(3)— (A) the number of requests described in such paragraph made during the fiscal year covered by the report; and (B) the average response time for such requests made during each month of such fiscal year, as determined based on the period beginning on the date on which the Secretary made the request and ending on the date on which the Secretary determines that the request is completed. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 5109D, as added by section 9, the following new item: 5109E. Annual report on processing of claims. . (c) Effective date Section 5109E of title 38, United States Code, as added by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. 11. Department of Veterans Affairs notice of average times for processing claims and percentage of claims approved (a) Public notice The Secretary of Veterans Affairs shall post the information described in subsection (c)— (1) in a conspicuous place in each regional office and claims intake facilities of the Department of Veterans Affairs; and (2) on the Internet website of the Department. (b) Notice to applicants (1) In general The Secretary shall provide to each person who submits a claim for benefits under the laws administered by the Secretary before the person submits such claim— (A) notice of the information described in subsection (c); and (B) notice that, during the period ending on August 6, 2015, the person is eligible to receive up to an extra year of benefits payments if the person files an original claim that is fully developed. (2) Acknowledgment of receipt of notice Each person who submits a claim for benefits under the laws administered by the Secretary shall include in such application a signed form acknowledging that the person received the information described in subsection (c). (c) Information described (1) In general The information described in this subsection is the following: (A) The average processing time of the claims described in paragraph (2) and the percentage of such submitted claims for which benefits are awarded. (B) The percentage of each of the following types of submitted claims for benefits under the laws administered by the Secretary of Veterans Affairs for which benefits are awarded: (i) Claims filed by veterans who authorized a veterans service organization to act on the veterans’ behalf under a durable power of attorney. (ii) Claims filed by veterans who authorized a person other than a veterans service organization to act on the veterans’ behalf under a durable power of attorney. (iii) Claims filed by veterans who did not authorize a person to act on the veterans’ behalf under a durable power of attorney. (2) Claims described The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs: (A) A fully developed claim that is submitted in standard electronic form. (B) A fully developed claim that is submitted in standard paper form. (C) A claim that is not fully developed that is submitted in standard electronic form. (D) A claim that is not fully developed that is submitted in standard paper form. (E) A claim that is not fully developed that is submitted in nonstandard paper form. (3) Update of information The information described in this subsection shall be updated not less frequently than once each fiscal quarter. (d) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 12. Claim defined Except as otherwise provided, in this Act, the term claim means a claim for disability compensation under the laws administered by the Secretary of Veterans Affairs.
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113-hr-4767
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I 113th CONGRESS 2d Session H. R. 4767 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Hinojosa (for himself, Mr. Grijalva , Mr. Danny K. Davis of Illinois , Mr. Fattah , and Ms. Velázquez ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to strengthen Federal-State partnerships in postsecondary education.
1. Short title This Act may be cited as the Partnerships for Affordability and Student Success Act . 2. State commitment to affordable college education Section 137 of the Higher Education Act of 1965 ( 20 U.S.C. 1015f ) is amended— (1) by striking subsection (a) and inserting the following: (a) Maintenance of effort required For the academic year beginning on July 1, 2014, and for each of the 4 succeeding academic years, a State shall— (1) maintain State support for institutions of higher education (not including support for capital projects or research and development, or tuition and fees paid by students) at least at the level of such support for the academic year beginning on July 1, 2012; and (2) maintain State support for student financial aid for paying costs associated with postsecondary education at least at the level of such support for the academic year beginning on July 1, 2012. ; (2) by striking subsection (c) and inserting the following: (c) Waiver (1) In general The Secretary shall waive the requirements of subsection (a) if the Secretary determines that such a waiver would be appropriate due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous decline in the financial resources of a State or State educational agency, as appropriate. (2) No requirement to amend budget The Secretary shall not require a State to make changes to an enacted budget as a condition of receiving a waiver under paragraph (1). (3) Consultation The Secretary shall consult with the States in developing the criteria and procedures for reviewing waiver requests. ; and (3) by striking subsection (d). 3. Federal and State partnerships for college access, affordability, and completion Subpart 4 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070c et seq. ) is amended to read as follows: 4 Federal and State partnerships for college access, affordability, and completion 415A. Purpose It is the purpose of this subpart for the Secretary to make incentive grants to States to assist States in— (1) providing grants to eligible students attending institutions of higher education or participating in programs of study abroad that are approved for credit by institutions of higher education at which such students are enrolled; (2) providing subgrants to eligible institutions or consortia of eligible institutions— (A) to improve student outcomes, such as completion and transfer rates and workforce outcomes for graduates; and (B) to develop and implement practices that result in reduced costs for students; and (3) providing public accountability and consumer information on the performance of institutions of higher education operating within the State. 415B. State eligibility; definitions (a) Incentive grants The Secretary shall award incentive grants, in accordance with the provisions of this subpart, to States to pay the Federal share of the cost of carrying out the activities described in paragraphs (1) through (3) of section 415A. The incentive grant shall consist of the allotment determined for the State under section 415C. (b) State eligibility In order to be eligible to receive an incentive grant under this subpart, a State shall enter into an agreement with the Secretary. The agreement shall contain the following assurances: (1) Federal funds received by the State under this subpart will supplement and not supplant other Federal and State funds otherwise available to carry out activities described in this subpart. (2) The State will maintain its commitment to affordable higher education as described in section 137. (3) The State will fulfill its role in program integrity under section 495. (4) The State has a comprehensive plan for public postsecondary education that addresses the following: (A) Measurable goals for student outcomes, including enrollment, participation, and completion rates. (B) Measurable goals for college affordability in the State. (C) Alignment of such plan with the workforce and economic development plans of the State. (D) Alignment of such plan with the elementary and secondary education plan for the State. (E) The postsecondary educational needs of unserved and underserved individuals within the State, including individuals beyond traditional college age. (5) The State provides for direct, equitable, and active participation by representatives of institutions of higher education, including the voluntary participation of private, nonprofit institutions of higher education, and other stakeholders in the comprehensive planning process. (c) Definitions In this subpart: (1) Eligible institution The term eligible institution means— (A) an institution of higher education; (B) an institution of higher education in partnership with— (i) a nonprofit or community-based organization that has demonstrated success in improving student outcomes in postsecondary education; or (ii) a local workforce investment board; or (C) a consortium of institutions of higher education. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a). 415C. Allotment among states (a) Allotment based on number of eligible students in attendance Except as provided in subsection (b), from the sums appropriated under section 415H for a fiscal year, the Secretary shall allot to each eligible State for such fiscal year an amount that bears the same ratio to such sums as the number of students residing in such State who are eligible for a Federal Pell Grant bears to the total number of such students in all the eligible States. The Secretary shall calculate such ratio based on data for the most recent year for which satisfactory data are available. (b) Minimum allotment The amount of any eligible State's allotment under subsection (a) for any fiscal year may not be less than 1 percent of the sums appropriated under section 415H for such year. (c) Reallotment The amount of any State’s allotment under subsection (a) for any fiscal year which the Secretary determines will not be required for such fiscal year for the Federal-State partnership program of that State shall be available for reallotment from time to time, on such dates during such year as the Secretary may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Secretary estimates such State needs and will be able to use for such year for carrying out the State plan. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. (d) Allotments subject to compliance The Secretary shall make payments for incentive grants under this subpart only to States that continue to meet the requirements of this subpart. 415D. Applications (a) In general In order to receive an incentive grant under this subpart, the State agency with jurisdiction over higher education, or another agency or entity designated by the Governor or chief executive of the State to administer the program under this subpart, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Content of application An application submitted under subsection (a) shall contain— (1) a description of how grant funds will assist the State in meeting its goals for student outcomes, including enrollment and completion; (2) a description of how the grant funds will assist the State in meeting its goals for college affordability, including measures to minimize tuition increases and measures to increase the availability of need-based student aid; (3) a description of how grant funds will assist the State in meeting the postsecondary needs of underrepresented or underserved populations in the State, including how the State will use grant funds to strengthen the eligible institutions described in paragraphs (1) through (7) of section 371(a); (4) a description of how the State’s comprehensive plan for public higher education is aligned with the workforce and economic development plans of the State; (5) a description of the process the State will use to make subgrants to eligible institutions or consortia of eligible institutions, including eligible institutions described in paragraphs (1) through (7) of section 371(a); (6) a description of how the State will evaluate the effectiveness of such subgrants and how the State will disseminate information on promising practices developed as a result of such subgrants; (7) a description of how the State will make publicly available a report card on the progress in meeting State goals for public postsecondary education; and (8) a description of the stakeholder consultation, including efforts to engage the voluntary participation of private, nonprofit institutions, carried out in the development of the application. 415E. Payment of Federal share of grants (a) In general (1) Distribution A State awarded an incentive grant under this subpart— (A) shall use grant funds to award student grants; and (B) may use grant funds to award subgrants to eligible institutions. (2) Grants to students A State awarded an incentive grant under this subpart shall establish a program to award grants to students that complies with the following: (A) The program is administered by a single State agency. (B) The program provides that an institution of higher education that had a student who received funds under this subpart at any time beginning on July 1, 2010, through the day before the date of enactment of the Partnerships for Affordability and Student Success Act and that is eligible to participate in a program authorized under this title, shall be eligible to participate under this paragraph. (C) The program provides that such grants to students will be in amounts not to exceed the student’s cost of attendance per academic year for attendance at an institution of higher education. Such grants, in combination with other State or Federal student assistance, shall not exceed the student’s cost of attendance in any given academic year. (D) The program provides for the selection of grant recipients on the basis of substantial financial need determined under part F and by the State. (E) The program provides for the payment of the non-Federal share of such grants from funds supplied by such State which represent an additional expenditure for such year by such State for grants for students attending institutions of higher education over the amount expended by such State for such grants, if any, during the second fiscal year preceding the fiscal year in which such State initially received funds under this subpart. (F) The program provides that if the State’s allotment under this subpart is based, in part, on the financial need demonstrated by students who are independent students or attending the institution less than full time, a reasonable proportion of the State’s allotment shall be made available to such students. (G) The program will notify students receiving grants under this subpart that such grants are Federal–State partnership grants and are funded by the Federal Government and the State. (3) Subgrants to eligible institutions A State awarded an incentive grant under this subpart may establish a program to award subgrants to eligible institutions that complies with the following: (A) The program is administered by a single State agency. (B) The program provides for the selection of subgrant recipients based on criteria set by the State agency. (C) The program provides for subgrants that support activities that will assist the State in achieving— (i) the State’s measurable goals for student outcomes, including enrollment, participation, and completion rates for underrepresented or underserved populations; (ii) the State’s measurable goals for college affordability, including innovative methods for reducing costs; (iii) improved workforce outcomes for graduates; and (iv) the State’s measurable goals for strengthening the eligible institutions described in paragraphs (1) through (7) of section 371(a). (D) The program provides for the dissemination of promising practices developed through subgrant activities. (4) Fiscal control; reports A State awarded an incentive grant under this subpart shall provide— (A) for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid under this subpart; and (B) for the making of such reports, in such form and containing such information, as may be reasonably necessary to enable the Secretary to perform the Secretary's functions under this subpart. (b) Reservation and disbursement of allotments and reallotments (1) In general Upon approval of an application for an incentive grant under this subpart, the Secretary shall reserve from the applicable allotment (including any applicable reallotment) available, the amount of such payment, which (subject to the limits of such allotment or reallotment) shall be equal to the Federal share of the cost of the grants to students or subgrants to eligible institutions or consortia of such institutions covered by such application. (2) Payment The Secretary shall pay such reserved amount, in advance or by way of reimbursement, and in such installments as the Secretary may determine. (3) Amendment The Secretary may amend the reservation of any amount under this subsection, either upon approval of an amendment of the application or upon revision of the estimated cost of the grants to students or subgrants to eligible institutions with respect to which such reservation was made. If the Secretary approves an upward revision of such estimated cost, the Secretary may reserve the Federal share of the added cost only from the applicable allotment (or reallotment) available at the time of such approval. (c) Federal share The Federal share of the cost of carrying out the activities described in paragraphs (1) through (3) of section 415A is equal to 66.66 percent. (d) Certain activities for which non-Federal share may be provided in cash or In kind For activities described in section 415A(2), the non-Federal share may be provided in cash or in kind, fairly evaluated. (e) Reporting A State that desires to receive payments for continuing incentive grants under this subpart shall report the following information to the Secretary on an annual basis: (1) The State's progress in meeting its goals for college affordability, including measures to minimize tuition increases at public institutions and measures to increase the availability of need-based student aid. (2) The State’s progress in meeting the postsecondary needs of underrepresented or underserved populations in the State, including how the State is strengthening the eligible institutions described in paragraphs (1) through (7) of section 371(a). (3) A list of any subgrants made to eligible institutions. (4) The State’s report card described in section 415F. 415F. State report cards Each State that receives an allotment under this subpart shall report annually to the public on its progress in meeting its public postsecondary education goals and comprehensive plan for public higher education. Such report shall include— (1) information, as determined by the State in consultation with stakeholders, on student outcomes, including enrollment, participation, and completion rates, disaggregated by race, ethnicity, disability status, and socio-economic status; (2) information, as determined by the State in consultation with stakeholders, on workforce outcomes for graduates; (3) information on college costs, including tuition increases, student indebtedness, and the availability of need-based aid; and (4) information on the consumer complaints related to the performance of institutions of higher education reported to the State in the prior year. 415G. Participation of private, nonprofit institutions of higher education (a) Voluntary participation A private, nonprofit institution of higher education may voluntarily elect to participate in a State's efforts under the plan described in section 415B(b)(6). A State— (1) shall not require any private, nonprofit institution to participate in such efforts; and (2) may require such an institution that voluntarily elects to participate in such efforts to provide appropriate information to allow the State to assess the institution's progress towards the goals and activities described in subparagraphs (A) through (E) of section 415B(b)(6). (b) Rule of construction Nothing in this subpart, including voluntary participation described in subsection (a), shall be construed to— (1) authorize the Secretary, a State, or an officer or employee of the Department or of a State to exercise any direction, supervision, or control over a private, nonprofit institution of higher education, including control over curriculum, program of instruction, administration, governance, personnel, articulation, the awarding of credit, graduation or degree requirements, or admissions; (2) authorize the Secretary, a State, or an officer or employee of the Department or of a State to require a private, nonprofit institution of higher education to participate in a longitudinal data system; or (3) limit the application of the General Education Provisions Act. (c) Enforcement If any State fails or refuses to comply with any provision of this section, the State shall no longer be eligible for assistance under this subpart. 415H. Authorization of appropriations; reservations (a) In general There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2015 and each of the 4 succeeding fiscal years. (b) Reservation Not less than 70 percent of funds allocated to a State shall be reserved for providing grants to eligible students. (c) Reservation for consumer information and administrative expenses Not more than 8 percent of the funds allocated to a State may be used to provide public accountability and consumer information on the performance of institutions of higher education and for administering the grant. .
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113-hr-4768
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I 113th CONGRESS 2d Session H. R. 4768 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Huffman (for himself, Mr. Holt , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit the Export-Import Bank of the United States from providing financial support for certain high carbon intensity energy projects.
1. Prohibition on Export-Import Bank support for certain high carbon intensity energy projects Section 2(b) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b) ) is amended by adding at the end the following: (14) Prohibition on support for certain high carbon intensity energy projects (A) In general The Bank shall not guarantee, insure, extend credit, or participate in the extension of credit in connection with the purchase or sale of any good or service for a high carbon intensity project. (B) High carbon intensity project defined In subparagraph (A), the term high carbon intensity project means a project that— (i) is designed to generate electricity; and (ii) if completed, would produce at least 500 grams of carbon dioxide per kilowatt-hour of electricity generated by the project. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4768ih/xml/BILLS-113hr4768ih.xml
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113-hr-4769
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I 113th CONGRESS 2d Session H. R. 4769 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. McNerney introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grant funds to be used for the Troops-to-Cops Program.
1. Short title This Act may be cited as the Veterans Involved in Police Services Act of 2014 . 2. Authorization of Troops-to-Cops program Section 1701(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(b) ) is amended— (1) by redesignating paragraphs (1) through (17) as subparagraphs (A) through (Q), respectively, and by moving the margins of such subparagraphs (as so redesignated) two ems to the right; (2) in the matter preceding subparagraph (A) (as so redesignated by paragraph (1) of this section), by striking The purposes for which and inserting (1) In general.— The purposes for which ; (3) in subparagraph (Q) (as so redesignated by paragraph (1) of this section), by striking paragraphs (1) through (16) and inserting subparagraphs (A) through (P) ; and (4) by adding at the end the following new paragraph: (2) Troops-to-Cops Program (A) In general For grants made during the 3-year period beginning on the date of enactment of the Veterans Involved in Police Services Act of 2014 , in addition to the purposes described in paragraph (1), grants made under subsection (a) may be used to hire former members of the Armed Forces (and to pay the full salary of such former members) to serve as career law enforcement officers for deployment in community-oriented policing, particularly in jurisdictions in which the violent crime rate is higher than the national violent crime rate, according to the uniform crime report compiled by the Federal Bureau of Investigation. (B) Definition In this paragraph, former member of the Armed Forces means a member of the Armed Forces of the United States who has been honorably discharged from the Armed Forces of the United States. .
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113-hr-4770
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I 113th CONGRESS 2d Session H. R. 4770 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Murphy of Florida introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 46, United States Code, with respect to notices of claim of maritime lien, and for other purposes.
1. Short title This Act may be cited as the Coast Guard Regulation Relief Act of 2014 . 2. Notices of claim of maritime lien Section 31343 of title 46, United States Code, is amended by striking subsection (e) and inserting the following: (e) (1) A notice of claim of lien recorded under subsection (b) shall expire 3 years after the date on which such notice is recorded. (2) A person may re-record a notice that has expired under paragraph (1) or (3) if the person submits to the Secretary a declaration stating that the information in the notice remains true and correct to the best of the knowledge, information, and belief of the person. (3) A notice re-recorded under paragraph (2) shall expire 3 years after the date on which such notice was last re-recorded. (4) Expiration of a notice under this subsection may not be construed to have any effect on the validity of a claim of lien. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4770ih/xml/BILLS-113hr4770ih.xml
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113-hr-4771
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I 113th CONGRESS 2d Session H. R. 4771 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Pitts (for himself and Mr. Pallone ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act to more effectively regulate anabolic steroids.
1. Short title This Act may be cited as the Designer Anabolic Steroid Control Act of 2014 . 2. Amendments to the Controlled Substances Act (a) Definitions Section 102(41) of the Controlled Substances Act ( 21 U.S.C. 802(41) ) is amended— (1) in subparagraph (A)— (A) in clause (xlix), by striking and at the end; (B) by redesignating clause (xlx) as clause (lxxvii); and (C) by inserting after clause (xlix) the following: (l) 5α-Androstan-3,6,17-trione; (li) Androst-4-ene-3,6,17-trione; (lii) Androsta-1,4,6-triene-3,17-dione; (liii) 6-bromo-androstan-3,17-dione; (liv) 6-bromo-androsta-1,4-diene-3,17-dione; (lv) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol; (lvi) 4-chloro-17α-methyl-androst-4-ene-3β,17β-diol; (lvii) 4-chloro-17α-methyl-17β-hydroxy-androst-4-en-3-one; (lviii) 4-chloro-17α-methyl-17β-hydroxy-androst-4-ene-3,11-dione; (lix) 4-chloro-17α-methyl-androsta-1,4-diene-3,17β-diol; (lx) 2α,17α-dimethyl-17β-hydroxy-5α-androstan-3-one; (lxi) 2α,17α-dimethyl-17β-hydroxy-5β-androstan-3-one; (lxii) 2α,3α-epithio-17α-methyl-5α-androstan-17β-ol; (lxiii) [3,2-c]-furazan-5α-androstan-17β-ol; (lxiv) 3β-hydroxy-estra-4,9,11-trien-17-one; (lxv) 17α-methyl-androst-2-ene-3,17β-diol; (lxvi) 17α-methyl-androsta-1,4-diene-3,17β-diol; (lxvii) Estra-4,9,11-triene-3,17-dione; (lxviii) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one; (lxix) 6α-Methyl-androst-4-ene-3,17-dione; (lxx) 17α-Methyl-androstan-3-hydroxyimine-17β-ol; (lxxi) 17α-Methyl-5α-androstan-17β-ol; (lxxii) 17β-Hydroxy-androstano[2,3-d]isoxazole; (lxxiii) 17β-Hydroxy-androstano[3,2-c]isoxazole; (lxxiv) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole-5α-androstan-17β-ol; (lxxv) [3,2-c]pyrazole-androst-4-en-17β-ol; (lxxvi) [3,2-c]pyrazole-5α-androstan-17β-ol; and ; and (2) by adding at the end the following: (C) (i) Subject to clause (ii) and the limitations under section 201(i)(6), a drug or hormonal substance (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that is not listed in subparagraph (A) and is derived from, or has a chemical structure substantially similar to, 1 or more anabolic steroids listed in subparagraph (A) shall be considered to be an anabolic steroid for purposes of this Act if— (I) the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either— (aa) promotes muscle growth; or (bb) otherwise causes a pharmacological effect similar to that of testosterone; or (II) the drug or substance has been, or is intended to be, marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone. (ii) A substance shall not be considered to be a drug or hormonal substance for purposes of this subparagraph if it— (I) is— (aa) an herb or other botanical; (bb) a concentrate, metabolite, or extract of, or a constituent isolated directly from, an herb or other botanical; or (cc) a combination of 2 or more substances described in item (aa) or (bb); and (II) is a dietary ingredient for purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). (iii) In accordance with section 515(a), any person claiming the benefit of an exemption or exception under clause (ii) shall bear the burden of going forward with the evidence with respect to such exemption or exception. . (b) Classification authority Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ) is amended by adding at the end the following: (i) Temporary and permanent scheduling of recently emerged anabolic steroids (1) The Attorney General may issue a temporary order adding a drug or other substance to the list of anabolic steroids if the Attorney General finds that— (A) the drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41) but is not listed in that section or by regulation of the Attorney General as being an anabolic steroid; and (B) adding such drug or other substance to the list of anabolic steroids will assist in preventing the unlawful importation, manufacture, distribution, or dispensing of such drug or other substance. (2) An order issued under paragraph (1) shall not take effect until 30 days after the date of the publication by the Attorney General of a notice in the Federal Register of the intention to issue such order and the grounds upon which such order is to be issued. The order shall expire not later than 24 months after the date it becomes effective, except that the Attorney General may, during the pendency of proceedings under paragraph (5), extend the temporary scheduling order for up to 6 months. (3) A temporary scheduling order issued under paragraph (1) shall be vacated upon the issuance of a permanent scheduling order under paragraph (5). (4) An order issued under paragraph (1) is not subject to judicial review. (5) The Attorney General may, by rule, issue a permanent order adding a drug or other substance to the list of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section 102(41). Such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph (1). . (c) Labeling requirements (1) In general The Controlled Substances Act is amended by inserting after section 305 ( 21 U.S.C. 825 ) the following: 305A. Offenses involving false labeling of anabolic steroids (a) Unlawful acts (1) It shall be unlawful— (A) to import into the United States or to export from the United States; (B) to manufacture, distribute, dispense, sell, or offer to sell; or (C) to possess with intent to manufacture, distribute, dispense, sell, or offer to sell; any anabolic steroid, or any product containing an anabolic steroid, unless it bears a label clearly identifying any anabolic steroid contained in such steroid or product by the nomenclature used by the International Union of Pure and Applied Chemistry (IUPAC). (2) A product that is the subject of an approved application as described in section 505(b), (i) or (j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) , (i), or (j)) is exempt from the International Union of Pure and Applied Chemistry nomenclature requirement of this subsection if such product is labeled in the manner required by the Federal Food, Drug, and Cosmetic Act. (b) Criminal penalties Any person who violates subsection (a) knowing, intending, or having reasonable cause to believe, that the substance or product is an anabolic steroid, or contains an anabolic steroid, shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both. (c) Civil penalties (1) Any person who violates subsection (a) shall be subject to a civil penalty as follows: (A) In the case of an importer, exporter, manufacturer, or distributor (other than as provided in subparagraph (B)), up to $500,000 per violation. For purposes of this subparagraph, a violation is defined as each instance of importation, exportation, manufacturing, or distribution, and each anabolic steroid or product imported, exported, manufactured, or distributed. (B) In the case of a sale or offer to sell at retail, up to $25,000 per violation. For purposes of this subparagraph, each sale and each product offered for sale shall be considered a separate violation. Continued offers to sell by a person 10 or more days after written notice (including through electronic message) to the person by the Attorney General or the Secretary shall be considered additional violations. (2) In this subsection, the term product means a discrete article, either in bulk or in finished form prepared for sale. A number of articles, if similarly packaged and bearing identical labels, shall be considered as one product, but each package size, form, or differently labeled article shall be considered a separate product. (d) Identification and publication of list of products containing anabolic steroids (1) The Attorney General may, in his discretion, collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this section. The Attorney General may publish in the Federal Register or on the website of the Drug Enforcement Administration a list of products that he has determined, based on substantial evidence, contain an anabolic steroid and are not labeled in accordance with this section. (2) The absence of a product from the list referred to in paragraph (1) shall not constitute evidence that the product does not contain an anabolic steroid. . (2) Table of contents The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 305 the following: Sec. 305A. Offenses involving false labeling of anabolic steroids. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4771ih/xml/BILLS-113hr4771ih.xml
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113-hr-4772
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I 113th CONGRESS 2d Session H. R. 4772 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Holding (for himself, Mr. Conyers , Mr. Coble , Mrs. Blackburn , Ms. Chu , Mr. Cooper , Mr. Deutch , Mr. Gohmert , and Mr. Jeffries ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to provide for the payment of royalties for the performance of sound recordings fixed before February 15, 1972, and for other purposes.
1. Short title This Act may be cited as the Respecting Senior Performers as Essential Cultural Treasures Act or the RESPECT Act . 2. Payment for use of certain sound recordings Section 114(f)(4) of title 17, United States Code, is amended by adding at the end the following: (D) (i) Any person publicly performing sound recordings protected under this title by means of transmissions under a statutory license under this section, or making reproductions of such sound recordings under section 112(e), shall make royalty payments for transmissions that person makes of sound recordings that were fixed before February 15, 1972, and reproductions that person makes of those sound recordings under the circumstances described in section 112(e)(1), in the same manner as such person does for sound recordings that are protected under this title. (ii) If a person fails to make royalty payments described in clause (i) for sound recordings fixed before February 15, 1972, there shall be available, in addition to any remedy that may be available under the laws of any State, a civil action in an appropriate United States district court for recovery limited to the payments described in clause (i), in addition to interest, costs, and attorneys’ fees. Any such recovery that is obtained shall be offset against any recovery for such violation that may be available under the laws of any State. (iii) No action may be brought under the laws of any State against a transmitting entity alleging infringement of a right equivalent to the right granted in section 106(6) based on a public performance of a sound recording fixed before February 15, 1972, or alleging infringement of a right equivalent to the right granted in section 106(1) based on a reproduction of such a sound recording, if— (I) the performance would have been subject to statutory licensing under subsection (d)(2) if the sound recording had been first fixed on or after February 15, 1972; (II) the reproduction would have been subject to statutory licensing under section 112(e)(1) if the sound recording had been first fixed on or after February 15, 1972; (III) the transmitting entity has satisfied the requirements for statutory licensing under subparagraph (B) and section 112(e)(6); and (IV) the applicable royalty was paid and accounted for under this subparagraph. (iv) This subparagraph does not confer copyright protection under this title upon sound recordings that were fixed before February 15, 1972. Such sound recordings are subject to the protection available under the laws of the States, and except as provided in clause (iii), are not subject to any limitation of rights or remedies, or any defense, provided under this title. (v) This subparagraph shall have no effect with respect to any public performance that is made of a sound recording, or reproduction that is made of a sound recording under the circumstances described in section 112(e)(1), on or after February 15, 2067. . 3. Effective date The amendments made by this Act shall apply to performances and reproductions of sound recordings occurring on or after the date of the enactment of this Act.
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113-hr-4773
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I 113th CONGRESS 2d Session H. R. 4773 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Rokita (for himself, Mrs. McMorris Rodgers , Mr. Messer , Mr. Harper , Mr. Jolly , Mr. Bucshon , Mr. Chabot , and Mr. Gowdy ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Oversight and Government Reform and 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 expand opportunity through greater choice in education, and for other purposes.
1. Short title This Act may be cited as the Creating Hope and Opportunity for Individuals and Communities through Education Act or the CHOICE Act . I Improving the Scholarships for Opportunity and Results Act 101. Purpose The purpose of this title is to amend the Scholarships for Opportunity and Results Act (Public Law 112–10, 125 Stat. 199) in order to improve provisions concerning opportunity scholarships available for low-income students in the District of Columbia. 102. Improvements to the Scholarships for Opportunity and Results Act (a) Carryover amounts Section 3014 of division C of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 ( Public Law 112–10 , 125 Stat. 211) is amended by adding at the end the following: (c) Carryover amounts (1) In general Amounts appropriated under this section shall remain available until expended. (2) Use of carryover amounts Of the funds appropriated under this section that are unobligated, are not expended in the fiscal year for which such funds are appropriated, and are not necessary for the continuation of the scholarships already awarded, the Secretary shall, for the subsequent fiscal year— (A) use 2 percent of such funds to carry out outreach and parental education and assistance activities described in section 3007(c) that are in addition to any such activities carried out by an eligible entity under such section; and (B) use the remaining amount of such funds to provide opportunity scholarships to eligible students who have not previously received such a scholarship. . (b) Clarification in student eligibility Section 3013(3) of division C of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 ( Public Law 112–10 , 125 Stat. 211) is amended, in the matter preceding subparagraph (A), by inserting , is enrolled, or will be enrolled for the next school year, in a public or private elementary school or secondary school, after District of Columbia . II Education portability for individuals with disabilities 201. Purpose The purpose of this title is to provide options to States to innovate and improve the education of children with disabilities by expanding the choices for students and parents under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). 202. Amendments to the Individuals with Disabilities Education Act (a) Children enrolled in private schools by their parents Section 612(a)(10)(A) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(10)(A) ) is amended by adding at the end the following: (viii) Parent option program If a State has established a program that meets the requirements of section 663(c)(11) (whether statewide or in limited areas of the State) and that allows a parent of a child described in section 663(c)(11)(A) to use public funds, or private funds in accordance with 633(c)(11)(B)(ii), to pay some or all of the costs of attendance at a private school— (I) funds allocated to the State under section 611 may be used by the State to supplement such public or private funds, if the Federal funds are distributed to parents who make a genuine independent choice as to the appropriate school for their child, except that in no case shall the amount of Federal funds provided under this subclause to a parent of a child with a disability for a year exceed the total amount of tuition, fees, and transportation costs for the child for the year; (II) the authorization of a parent to exercise this option fulfills the State's obligation under paragraph (1) with respect to the child during the period in which the child is enrolled in the selected school; and (III) a selected school accepting such funds shall not be required to carry out any of the requirements of this title with respect to such child. . (b) Research and innovation To improve services and results for children with disabilities Section 663(c) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1463(c) ) is amended— (1) in paragraph (9), by striking and after the semicolon; (2) in paragraph (10), by striking the period and inserting ; and ; and (3) by adding at the end the following: (11) supporting the post-award planning and design, and the initial implementation (which may include costs for informing the community, acquiring necessary equipment and supplies, and other initial operational costs), during a period of not more than 3 years, of State programs that allow the parent of a child with a disability to make a genuine independent choice of the appropriate public or private school for their child, if the program— (A) requires that the child be a child who has received an initial evaluation described in section 614(a) and has been identified as a child with a disability, in accordance with part B; (B) (i) permits the parent to receive from the State funds to be used to pay some or all of the costs of attendance at the selected school (which may include tuition, fees, and transportation costs); or (ii) permits persons to receive a State tax credit for donations to an entity that provides funds to parents of eligible students described in subparagraph (A), to be used by the parents to pay some or all of the costs of attendance at the selected school (which may include tuition, fees, and transportation costs); (C) prohibits any school that agrees to participate in the program from discriminating against eligible students on the basis of race, color, national origin, or sex, except that— (i) the prohibition of sex discrimination shall not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of such prohibition is inconsistent with the religious tenets or beliefs of the school; and (ii) notwithstanding this subparagraph or any other provision of law, a parent may choose, and a school may offer, a single-sex school, class, or activity; (D) notwithstanding any other provision of law, allows any school participating in the program that is operated by, supervised by, controlled by, or connected to, a religious organization to exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), including the exemptions in that title; (E) allows a school to participate in the program without, consistent with the First Amendment of the Constitution of the United States— (i) necessitating any change in the participating school's teaching mission; (ii) requiring any private participating school to remove religious art, icons, scriptures, or other symbols; or (iii) precluding any private participating school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents; and (F) requires a participating school selected for a child with a disability to be academically accountable to the parent for meeting the educational needs of the student. . III Military scholarships 301. Purpose The purpose of this title is to ensure high-quality education for children of military personnel who live on military installations and thus have less freedom to exercise school choice for their children, in order to improve the ability of the Armed Forces to retain such military personnel. 302. Military scholarship program (a) Definitions In this section: (1) ESEA definitions The terms child , elementary school , secondary school , and local educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Eligible military student The term eligible military student means a child who— (A) is a military dependent student; (B) lives on a military installation selected to participate in the program under subsection (b)(2); and (C) chooses to attend a participating school, rather than a school otherwise assigned to the child. (3) Military dependent student The term military dependent student has the meaning given the term in section 572(e) of the National Defense Authorization Act for Fiscal Year 2006 ( 20 U.S.C. 7703b(e) ). (4) Participating school The term participating school means a public or private elementary school or secondary school that— (A) accepts scholarship funds provided under this section on behalf of an eligible military student for the costs of tuition, fees, or transportation of the eligible military student; and (B) is accredited, licensed, or otherwise operating in accordance with State law. (5) Secretary The term Secretary means the Secretary of Defense. (b) Program authorized (1) In general From amounts made available under subsection (g) and beginning for the first full school year following the date of enactment of this Act, the Secretary shall carry out a 5-year pilot program to award scholarships to enable eligible military students to attend the public or private elementary schools or secondary schools selected by the eligible military students' parents. (2) Scope of program (A) In general The Secretary shall select not less than 5 military installations to participate in the pilot program described in paragraph (1). In making such selection, the Secretary shall choose military installations where eligible military students would most benefit from expanded educational options. (B) Ineligibility A military installation that provides, on its premises, education for all elementary school and secondary school grade levels through one or more Department of Defense dependents' schools shall not be eligible for participation in the program. (3) Amount of scholarships (A) In general The annual amount of each scholarship awarded to an eligible military student under this section shall not exceed the lesser of— (i) the cost of tuition, fees, and transportation associated with attending the participating school selected by the parents of the student; or (ii) (I) in the case of an eligible military student attending elementary school— (aa) $8,000 for the first full school year following the date of enactment of this Act; or (bb) the amount determined under subparagraph (B) for each school year following such first full school year; or (II) in the case of an eligible military student attending secondary school— (aa) $12,000 for the first full school year following the date of enactment of this Act; or (bb) the amount determined under subparagraph (B) for each school year following such first full school year. (B) Adjustment for inflation For each school year after the first full school year following the date of enactment of this Act, the amounts specified in subclauses (I) and (II) of subparagraph (A)(ii) shall be adjusted to reflect changes for the 12-month period ending the preceding June in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (4) Payments to parents The Secretary shall make scholarship payments under this section to the parent of the eligible military student in a manner that ensures such payments will be used for the payment of tuition, fees, and transportation expenses (if any) in accordance with this section. (c) Selection of scholarships recipients (1) Random selection If more eligible military students apply for scholarships under the program under this section than the Secretary can accommodate, the Secretary shall select the scholarship recipients through a random selection process from students who submitted applications by the application deadline specified by the Secretary. (2) Continued eligibility (A) In general An individual who is selected to receive a scholarship under the program under this section shall continue to receive a scholarship for each year of the program until the individual— (i) graduates from secondary school or elects to no longer participate in the program; (ii) exceeds the maximum age for which the State in which the student lives provides a free public education; or (iii) is no longer an eligible military student. (B) Continued participation for military transfers (i) Transfer to private non-military housing Notwithstanding subparagraph (A)(iii), an individual receiving a scholarship under this section for a school year who meets the requirements of subparagraphs (A) and (C) of subsection (a)(2) and whose family, during such school year, moves into private non-military housing that is not considered to be part of the military installation, shall continue to receive the scholarship for use at the participating school for the remaining portion of the school year. (ii) Transfer to a different military installation Notwithstanding subparagraph (A)(iii), an individual receiving a scholarship under this section for a school year whose family is transferred to a different military installation shall no longer be eligible to receive such scholarship beginning on the date of the transfer. Such individual may apply to participate in any program offered under this section for the new military installation for a subsequent school year, if such individual qualifies as an eligible military student for such school year. (d) Nondiscrimination and other provisions (1) Non-discrimination A participating school shall not discriminate against program participants or applicants on the basis of race, color, national origin, or sex. (2) Applicability and single-sex schools, classes, or activities (A) In general Notwithstanding any other provision of law, the prohibition of sex discrimination in paragraph (1) shall not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of paragraph (1) is inconsistent with the religious tenets or beliefs of the school. (B) Single-sex schools, classes, or activities Notwithstanding paragraph (1) or any other provision of law, a parent may choose, and a participating school may offer, a single-sex school, class, or activity. (3) Children with disabilities Nothing in this section may be construed to alter or modify the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). (4) Rules of conduct and other school policies A participating school, including the schools described in subsection (e), may require eligible students to abide by any rules of conduct and other requirements applicable to all other students at the school. (e) Religiously affiliated schools (1) In general Notwithstanding any other provision of law, a participating school that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), including the exemptions in that title. (2) Maintenance of purpose Notwithstanding any other provision of law, funds made available under this title to eligible military students that are received by a participating school, as a result of their parents' choice, shall not, consistent with the first amendment of the United States Constitution— (A) necessitate any change in the participating school's teaching mission; (B) require any private participating school to remove religious art, icons, scriptures, or other symbols; or (C) preclude any private participating school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (f) Reports (1) Annual reports Not later than July 30 of the year following the year of the date of enactment of this Act, and each subsequent year through the year in which the final report is submitted under paragraph (2), the Secretary shall prepare and submit to Congress an interim report on the scholarships awarded under the pilot program under this section that includes the content described in paragraph (3) for the applicable school year of the report. (2) Final report Not later than 90 days after the end of the pilot program under this section, the Secretary shall prepare and submit to Congress a report on the scholarships awarded under the program that includes the content described in paragraph (3) for each school year of the program. (3) Content Each annual report under paragraph (1) and the final report under paragraph (2) shall contain— (A) the number of applicants for scholarships under this section; (B) the number, and the average dollar amount, of scholarships awarded; (C) the number of participating schools; (D) the number of elementary school students receiving scholarships under this section and the number of secondary school students receiving such scholarships; and (E) the results of a survey, conducted by the Secretary, regarding parental satisfaction with the scholarship program under this section. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018. (h) Offset in Department of Education salaries Notwithstanding any other provision of law, for fiscal year 2014 and each of the 4 succeeding fiscal years, the Secretary of Education shall return to the Treasury $10,000,000 of the amounts made available to the Secretary for salaries and expenses of the Department of Education for such year.
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113-hr-4774
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I 113th CONGRESS 2d Session H. R. 4774 IN THE HOUSE OF REPRESENTATIVES May 29, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To require accountability in the Veterans Health Administration.
1. Short title This Act may be cited as the Veterans’ Health Accountability Act . 2. Congressional findings Congress finds that in light of the Veterans Health Administration's continued delays in providing emergency and other serious health care to the Nation's veterans, there needs to be more accountability to prevent this situation from occurring in the future. 3. Definitions Timely basis shall be one day for procedures and seven calendar days for tests. 4. General authorization The Secretary of Veterans Affairs shall provide a voucher, the value of which shall be the market price for the needed service, for use at non-Veterans’ Administration facilities for any veteran who has been denied healthcare on a timely basis at any Veterans’ Administration facility. If more than ten percent of the Veterans Health Administration's budget goes towards the health vouchers, then all veterans shall be eligible for Veterans’ Administration-paid care from non-Veterans’ Administration facilities and the Secretary of the Veterans’ Administration shall immediately prepare for the privatization of all Veterans’ Administration facilities to be completed within one calendar year.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4774ih/xml/BILLS-113hr4774ih.xml
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113-hr-4775
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I 113th CONGRESS 2d Session H. R. 4775 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Messer (for himself, Mr. Kline , Mr. Roe of Tennessee , Mr. Petri , Mr. Wilson of South Carolina , Mr. Hunter , Mr. Thompson of Pennsylvania , Mr. Walberg , Mr. Salmon , Mr. Guthrie , Mr. DesJarlais , Mr. Rokita , Mr. Bucshon , Mrs. Brooks of Indiana , Mr. Hudson , and Mr. Byrne ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to exempt certain educational institutions from the employer health insurance mandate, and for other purposes.
1. Short title This Act may be cited as the Safeguarding Classrooms Hurt by ObamaCare’s Obligatory Levies . 2. Certain educational institutions exempt from employer health insurance mandate (a) In general Section 4980H(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) Exception for certain educational institutions The term applicable large employer shall not include— (i) any elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965), (ii) any local educational agency or State educational agency (as such terms are defined in section 9101 of such Act), and (iii) any institution of higher education (as such term is defined in section 102 of the Higher Education Act of 1965). . (b) Effective date The amendment made by this section shall apply to months beginning after December 31, 2013. 3. Study of impact on education The Secretary of Education shall— (1) study the impact of the employer health insurance mandate under section 4980H of the Internal Revenue Code of 1986 as in effect on the day before the date of enactment of this Act and the impact of such mandate as in effect on the day after the date of enactment of this Act on— (A) in coordination with the national assessment of title I under section 1501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491 ), the ability of State educational agencies, local educational agencies, elementary schools, and secondary schools to meet the purposes of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ); and (B) in coordination with the annual data collection conducted through the Integrated Postsecondary Education Data System described in section 132(i)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(i)(4) ), the ability of institutions of higher education to maintain academic programs; and (2) not later than one year after the date of the enactment of this Act, submit separate written reports to Congress with respect to the studies conducted under subparagraphs (A) and (B) of paragraph (1).
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113-hr-4776
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I 113th CONGRESS 2d Session H. R. 4776 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit an institution of higher education that participates in a boycott of the Israeli government, economy, or academia from receiving funds from the U.S. Federal Government.
1. Prohibiting institutions of higher education that discriminate against Israel from receiving Federal funds No Federal funds appropriated after the date of the enactment of this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, award to, or provide a loan or loan guarantee to any institution of higher education that participates in a boycott of the Israeli government, economy, or academia. This prohibition includes any and all funds that would otherwise be made available by the Higher Education Act of 1965. 2. Determination of ineligible institutions (a) Determinations Within 60 days of enactment of this Act, and every year thereafter, the Secretary of State, in coordination with the Secretary of Education, shall determine which institutions of higher education are participating in a boycott of the Israeli government, economy, or academia. (b) Criteria If any institution of higher education, adopts a policy or resolution, issues a statement, or otherwise formally establishes the restriction of discourse, cooperation, exchange, financial interaction, or any other involvement with the Israeli government, economy, or academia—including academic institutions or scholars on the basis of the connection of such institutions or such scholars to the State of Israel—then that institution shall be determined to be participating in a boycott of the Israeli government, economy, or academia. (c) Notice The Secretary of State shall make public a list of all institutions determined to be participating in a boycott of the Israeli government, economy, or academia pursuant to this Act, and shall notify each institution identified. 3. Restoration of eligibility for ceasing of boycott The prohibition under section 1 shall cease to apply to any institution of higher education that the Secretary of State, in coordination with the Secretary of Education, determines has ceased participating in a boycott of the Israeli government, economy, or academia.
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113-hr-4777
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I 113th CONGRESS 2d Session H. R. 4777 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Burgess introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Judiciary and 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 modify rules relating to health savings accounts.
1. Short title This Act may be cited as the Health Savings Act of 2014 . 2. Health savings accounts for children (a) In general Section 223 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Child health savings accounts (1) In general In the case of an individual, in addition to any deduction allowed under subsection (a) for any taxable year, there shall be allowed as a deduction under this section an amount equal to the aggregate amount paid in cash by the taxpayer during the taxable year to a child health savings account of a child or grandchild of the taxpayer. (2) Limitations (A) Deduction limitation The amount taken into account under paragraph (1) with respect to each child or grandchild of the taxpayer, as the case may be, for the taxable year shall not exceed the sum of the monthly limitations with respect to such child for months during the taxable year that the child is an eligible individual. (B) Limit on accounts with respect to individual The aggregate amount of contributions which may be made for any taxable year to all child health savings accounts established and maintained on behalf of a child shall not exceed the sum of the monthly limitations for months during the taxable year that the child is an eligible individual. (C) Monthly limitation The monthly limitation for any month with respect to a child is 1/12 of the amount in effect for the taxable year under subsection (c)(2)(A)(ii)(I). (3) Treatment of account while a dependent For purposes of this section, except as otherwise provided in this subsection, a child health savings account established for the benefit of the child of a taxpayer shall be treated as a health savings account of the taxpayer until the first taxable year (and each taxable year thereafter) for which no deduction under section 151 is allowable to any taxpayer with respect to such child, after which such account shall be treated as a health savings account of the child. (4) Child health savings account For purposes of this subsection, the term child health savings account means a health savings account designated as a child health savings account and established for the benefit of a child of a taxpayer. (5) Qualified medical expenses For purposes of this section, the term qualified medical expenses shall, with respect to any child health savings account, not include any amounts paid for medical care (as defined in section 213(d)) for any individual other than the child for whose benefit the account is maintained. (6) Exceptions for disability or death of child If the child becomes disabled within the meaning of section 72(m)(7) or dies— (A) subsection (f)(4)(A) shall not apply to any subsequent payment or distribution, and (B) the taxpayer may rollover the amount in such account to any health savings account of the taxpayer or grandparent of the child or to any child health savings account of any other child of the taxpayer. (7) Guardians Any legal guardian of a child shall be treated as the parent of such child for purposes of this section. (8) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including rules for determining application of this subsection in the case of legal guardians and in the case of parents of a child who file separately, are separated, or are not married. . (b) Coordination with means-Tested programs Amounts in a child health savings account shall not be taken into account in determining resources for purposes of title XIX of the Social Security Act. (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Allowing HSA rollover to child or parent of account holder (a) In general Subparagraph (A) of section 223(f)(8) of the Internal Revenue Code of 1986 is amended— (1) by inserting child, parent, or grandparent after surviving spouse , (2) by inserting child, parent, or grandparent, as the case may be, after the spouse , (3) by inserting , child, parent, or grandparent after spouse in the heading thereof, and (4) by adding at the end the following: In the case of a child who acquires such beneficiary’s interest and with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins, such health savings account shall be treated as a child health savings account of the child. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 4. Maximum contribution limit to HSA increased to amount of deductible and out-of-pocket limitation (a) Self-Only coverage Subparagraph (A) of section 223(b)(2) of the Internal Revenue Code of 1986 is amended by striking $2,250 and inserting the amount in effect under subsection (c)(2)(A)(ii)(I) . (b) Family coverage Subparagraph (B) of section 223(b)(2) of such Code is amended by striking $4,500 and inserting the amount in effect under subsection (c)(2)(A)(ii)(II) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 5. Transfer of required minimum distribution from retirement plan to health savings account (a) Transfer from retirement plan (1) Individual retirement accounts Section 408(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (10) Required minimum distribution transferred to health savings account (A) In general In the case of an individual who has attained the age of 70 ½ and who elects the application of this paragraph for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. (B) Qualified HSA transfer For purposes of this paragraph, the term qualified HSA transfer means any distribution from an individual retirement plan— (i) to a health savings account of the individual in a direct trustee-to-trustee transfer, (ii) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. (C) Application of section 72 Notwithstanding section 72, in determining the extent to which an amount is treated as otherwise includible in gross for purposes of subparagraph (A), the aggregate amount distributed from an individual retirement plan shall be treated as includible in gross income to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts from all individual retirement plans were distributed. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. (D) Coordination An election may not be made under subparagraph (A) for a taxable year for which an election is in effect under paragraph (9). . (2) Other retirement plans Section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (m) Required minimum distribution transferred to health savings account (1) In general In the case of an individual who has attained the age of 70 ½ and who elects the application of this subsection for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. (2) Qualified HSA transfer For purposes of this subsection, the term qualified HSA transfer means any distribution from a retirement plan— (A) to a health savings account of the individual in a direct trustee-to-trustee transfer, (B) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. (3) Application of section 72 Notwithstanding section 72, in determining the extent to which an amount is treated as otherwise includible in gross for purposes of paragraph (1), the aggregate amount distributed from an individual retirement plan shall be treated as includible in gross income to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts from all individual retirement plans were distributed. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. (4) Eligible retirement plan For purposes of this subsection, the term eligible retirement plan has the meaning given such term by subsection (c)(8)(B) (determined without regard to clauses (i) and (ii) thereof). . (b) Transfer to health savings account (1) In general Subparagraph (A) of section 223(d)(1) of such Code is amended by striking or at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting , or , and by adding at the end the following new clause: (iii) unless it is in a qualified HSA transfer described in section 408(d)(10) or 402(m). . (2) Excise tax inapplicable to qualified HSA transfer Paragraph (1) of section 4973(g) of such Code is amended by inserting or in a qualified HSA transfer described in section 408(d)(10) or 402(m) after or 223(f)(5) . (c) Effective date The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. 6. Equivalent bankruptcy protections for health savings accounts as retirement funds (a) In general Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: (r) For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code. . (b) Effective date The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. 7. Allowance of silver and bronze plans in connection with health savings accounts (a) In general Section 223 of the Internal Revenue Code of 1986 is amended— (1) by striking a high deductible health plan each place it appears and inserting an HSA compatible health plan , (2) by striking high deductible health plan in subsection (b)(8)(A)(ii) and inserting HSA compatible health plan , and (3) by striking the high deductible health plan in subsection (c)(1)(A)(ii)(II) and inserting the HSA compatible health plan . (b) HSA compatible health plan defined Paragraph (2) of section 223(c) of such Code is amended by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E) and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: (A) In general The term HSA compatible health plan means— (i) any high deductible health plan, (ii) any plan described in section 1302(e) of the Patient Protection and Affordable Care Act (relating to catastrophic plan), or (iii) any silver or bronze plan which was enrolled in through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act. . (c) Clerical amendments Section 223 of such Code is amended— (1) by striking In general in the heading for subsection (c)(2)(B), as redesignated by subsection (b) of this Act, and inserting High deductible health plan , (2) by striking high deductible health plan in the heading for subsection (b)(8)(B) and inserting hsa compatible health plan , and (3) by striking High deductible health plan in the heading for subsection (c)(2) and inserting HSA compatible health plan . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 8. Identification of HSA compatible plans Section 1103(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18003(b) ) is amended by adding at the end the following new paragraph: (3) Identification of HSA compatible plans Beginning for plan year 2015, the format described in paragraph (1) shall require that information on a coverage option described in subsection (a)(2) that is an HSA compatible health plan (as defined in section 223(c)(2) of the Internal Revenue Code of 1986) identifies such plan as a plan that satisfies the requirement of section 223(c)(1)(A)(i) of such Code. .
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113-hr-4778
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I 113th CONGRESS 2d Session H. R. 4778 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. McGovern (for himself, Mr. Jones , and Ms. Bordallo ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize the award of a military service medal to members of the Armed Forces who were exposed to ionizing radiation as a result of participation in the testing of nuclear weapons or under other circumstances.
1. Short title This Act may be cited as the Atomic Veterans Service Medal Act . 2. Atomic Veterans Service Medal (a) Service medal required The Secretary of Defense shall design and produce a military service medal, to be known as the Atomic Veterans Service Medal , to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code). (b) Distribution of medal (1) Issuance to retired and former members At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran. (2) Issuance to next-of-kin In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person. (3) Application The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.
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113-hr-4779
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I 113th CONGRESS 2d Session H. R. 4779 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Denham 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 veterans who experience extended waiting times for appointments at medical facilities of the Department of Veterans Affairs may receive care at non-Department facilities.
1. Short title This Act may be cited as the Veterans Need Timely Access to Care Act . 2. Expansion of fee-basis care by Department of Veterans Affairs for patients who experience extended waiting times Section 1703 of title 38, United States Code, is amended— (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (2) by inserting after subsection (a) the following new subsection (b): (b) As authorized by section 1710 of this title, the Secretary shall enter into contracts with such non-Department facilities as may be necessary in order to furnish hospital care or medical services to any veteran enrolled in the patient enrollment system under section 1705 of this title who— (1) has waited— (A) seven days or longer for an appointment for primary care in a Department facility; or (B) 14 days or longer for an appointment for speciality care in a Department facility; and (2) elects to receive such care in a non-Department facility. ; and (3) in subsection (c), as redesignated by paragraph (1), by inserting or (b) after subsection (a) .
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113-hr-4780
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I 113th CONGRESS 2d Session H. R. 4780 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Young of Alaska (for himself, Mr. Loebsack , Mr. Braley of Iowa , and Mr. King of Iowa ) 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 provide for a five-year extension of the rural community hospital demonstration program.
1. Short title This Act may be cited as the Rural Community Hospital Demonstration Extension Act of 2014 . 2. Five-year extension of the rural community hospital demonstration program (a) Extension Section 410A of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 42 U.S.C. 1395ww note), as amended by sections 3123 and 10313 of the Patient Protection and Affordable Care Act (Public Law 111–148), is amended— (1) in subsection (a)(5), by striking 5-year extension period and inserting 10-year extension period ; and (2) in subsection (g)— (A) in the subsection heading, by striking Five-Year and inserting Ten-Year ; (B) in paragraph (1), by striking additional 5-year and inserting additional 10-year ; and (C) by striking 5-year extension period each place it appears and inserting 10-year extension period . (b) Change in timing for report Subsection (e) of such section 410A is amended by striking Not later than 6 months after the completion and inserting Not later than 2 years prior to the completion .
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113-hr-4781
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I 113th CONGRESS 2d Session H. R. 4781 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Ms. Jenkins (for herself and Mr. Cleaver ) 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 provide payment under part A of the Medicare Program on a reasonable cost basis for anesthesia services furnished by an anesthesiologist in certain rural hospitals in the same manner as payments are provided for anesthesia services furnished by anesthesiologist assistants and certified registered nurse anesthetists in such hospitals.
1. Short title This Act may be cited as the Medicare Access to Rural Anesthesiology Act of 2014 . 2. Medicare part A payment for anesthesiologist services in certain rural hospitals based on CRNA pass-through rules (a) In General Section 1814 of the Social Security Act ( 42 U.S.C. 1395f ) is amended by adding at the end the following new subsection: (m) Anesthesiologist Services Provided in Certain Rural Hospitals (1) Notwithstanding any other provision of this title, coverage and payment shall be provided under this part for physicians’ services that are anesthesia services furnished by a physician who is an anesthesiologist in a rural hospital described in paragraph (3) in the same manner as payment is made under the exception provided in section 9320(k) of the Omnibus Budget Reconciliation Act of 1986, as amended by section 6132 of the Omnibus Budget Reconciliation Act of 1989 ( 42 U.S.C. 1395k note) (relating to payment on a reasonable cost, pass-through basis), for certified registered nurse anesthetist services furnished by a certified registered nurse anesthetist in a hospital described in such section. (2) No payment shall be made under any other provision of this title for physicians’ services for which payment is made under this subsection. (3) A rural hospital described in this paragraph is a hospital described in section 9320(k) of the Omnibus Budget Reconciliation Act of 1986, as so amended (42 U.S.C. 1395k note), except that— (A) any reference in such section to a certified registered nurse anesthetist or anesthetist is deemed a reference to a physician who is an anesthesiologist or anesthesiologist , respectively; and (B) any reference to January 1, 1988 or 1987 is deemed a reference to such date and year as the Secretary shall specify. . (b) Effective Date The amendment made by subsection (a) shall apply to services furnished during cost reporting periods beginning on or after the date of the enactment of this Act.
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113-hr-4782
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I 113th CONGRESS 2d Session H. R. 4782 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Schrader (for himself, Mr. Langevin , Mr. Carson of Indiana , Mr. Heck of Washington , and Mr. Veasey ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a pilot grant program to support career and technical education exploration programs in middle schools and high schools.
1. Short title This Act may be cited as the Building Understanding, Investment, Learning, and Direction Career and Technical Education Act of 2014 or the BUILD Career and Technical Education Act of 2014 . 2. Findings Congress finds the following: (1) The average high school graduation rate for students concentrating in career and technical education programs is 91.8 percent. (2) Career and technical education concentrators improved their 12th grade National Assessment of Educational Progress scores by 8 points in reading and 11 in mathematics, while students who took no career and technical education courses did not increase their mathematics scores and only increased reading by 4 points. (3) Students at schools with highly integrated rigorous academic and career and technical education programs have significantly higher achievement in reading, mathematics, and science than do students at schools with less integrated programs. (4) Four out of 5 graduates of secondary-level career or technical education programs who pursued postsecondary education after secondary school had earned a credential or were still enrolled in postsecondary education 2 years later. (5) Students who have participated in skills-training programs see increased wages and earnings, have a higher probability and consistency of employment, and work in higher-quality jobs. 3. Pilot grant program to support career and technical education exploration program in middle schools and high schools (a) Purposes The purposes of this Act are the following: (1) To provide students with opportunities to participate in career and technical education exploration programs and to provide information on available career and technical education programs and their impact on college and career readiness. (2) To expand professional growth of, and career opportunities for, students through career and technical education exploration programs. (3) To enhance collaboration between education providers and employers. (4) To develop or enhance career and technical education exploration programs with ties to a career and technical education program of study. (5) To evaluate students’ participation in coordinated middle school and high school career and technical education exploration programs. (b) Definitions In this Act: (1) Career and technical education exploration program The term career and technical education exploration program means a course or series of courses that provides experiential learning opportunities in 1 or more programs of study (including after school and during the summer), as appropriate, and the opportunity to connect experiential learning to education and career pathways that is offered to middle school students or high school students, or both. (2) Secretary The term Secretary means the Secretary of Education. (c) Authorization of grant program (1) In general The Secretary shall award grants to local educational agencies to support career and technical education exploration programs. (2) Grant duration Grants awarded under this Act shall be 2 years in duration. (3) District capacity taken into account In awarding grants under paragraph (1), the Secretary shall take into account the resources and capacity of each local educational agency that applies for a grant. (d) Applications A local educational agency that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Priority In awarding grants under this Act, the Secretary shall give priority to grant proposals that— (1) demonstrate— (A) that a partnership among the local educational agency and business, industry, labor, or institutions of higher education, where appropriate to the grant project, exists and will participate in carrying out grant activities under this Act; (B) innovative and sustainable design; (C) a curriculum aligned with State diploma requirements; (D) a focus on preparing students, including special populations and nontraditional students, with opportunities to explore careers and skills required for jobs in their State and that provide high wages and are in demand; (E) a method of evaluating success; and (F) that the programs to be assisted with grant funds are not receiving assistance under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); and (2) include an assurance that— (A) the local educational agency will fund the operational costs of the activities described in this Act after the grant period expires; and (B) if the local educational agency charges a fee to participate in the after school and summer components of the career and technical education exploration program to be carried out by the agency, the agency will implement such fee on a sliding scale according to income and established in a manner that makes participation financially feasible for all students. (f) Uses of funds (1) In general A local educational agency that receives a grant under this Act shall use the grant funds to carry out any of the following: (A) Leasing, purchasing, upgrading, or adapting equipment related to the content of career and technical education exploration program activities. (B) Program director, instructor, or other staff expenses to coordinate or implement program activities. (C) Consultation services with a direct alignment to the program goals. (D) Support of professional development programs aligned to the program goals. (E) Minor remodeling, if any, necessary to accommodate new equipment obtained pursuant to subparagraph (A). (F) Evaluating the access to career and technical education exploration programs and the impact such programs have on the transition to career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))), or other postsecondary programs of study, high school completion, and the number of students who earn an industry-recognized credential, associate’s degree, bachelor's degree, or other career and technical education related postsecondary credit in addition to a high school diploma. (2) Use and ownership of materials or equipment Any materials or equipment purchased with grant funds awarded under this Act shall be the property of the local educational agency. (3) Administrative costs A local educational agency that receives a grant under this Act may use not more than 5 percent of the grant funds for administrative costs associated with carrying out activities under this Act. (g) Evaluations (1) In general A local educational agency that receives a grant under this Act shall develop an evaluation plan of grant activities that shall include an evaluation of specific outcomes, described in paragraph (2), and progress toward meeting such outcomes within the timeline of the grant that shall be measurable through collection of appropriate data or documented through other records. Such evaluation shall reflect the resources and capacity of the local educational agency. (2) Outcomes The specific outcomes shall clearly address the following areas: (A) The extent of student participation in career and technical education exploration programs. (B) Improved rigor in technical or academic content aligned to diploma requirements and industry recognized technical standards. (C) Improved alignment between career and technical education and other courses, including core academic subjects. (D) The impact such programs have on the transition to career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))) and other postsecondary programs of study. (3) Submission to the department A local educational agency that receives a grant under this Act shall submit evaluations conducted under this subsection to the Secretary. (h) Supplement not supplant Funds received under this Act shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this Act. (i) Authorization of appropriations There are authorized to be appropriated to carry out this Act $20,000,000.
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113-hr-4783
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I 113th CONGRESS 2d Session H. R. 4783 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Thompson of California (for himself, Mr. Serrano , Mr. Perlmutter , Ms. Speier , Ms. Esty , Mr. Waxman , Mr. Fattah , Ms. Matsui , Mr. Scott of Virginia , Mrs. Capps , Mrs. Carolyn B. Maloney of New York , Mrs. Napolitano , Ms. DeGette , Mr. Richmond , Mr. Cicilline , Mr. Tierney , Mr. Crowley , Ms. Lee of California , Ms. Shea-Porter , Mr. Thompson of Mississippi , Mrs. McCarthy of New York , Mrs. Lowey , Mr. Yarmuth , and Ms. Clarke of New York ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 protect individuals by strengthening the Nation’s mental health infrastructure, improving the understanding of violence, strengthening firearm prohibitions and protections for at-risk individuals, and improving and expanding the reporting of mental health records to the National Instant Criminal Background Check System.
1. Short title This Act may be cited as the Promoting Healthy Minds for Safer Communities 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—Strengthening and improving intervention efforts Sec. 101. Mental health crisis assessment, prevention, and education grant program. Sec. 102. School-based mental health programs. Sec. 103. Justice and mental health collaboration. Title II—Improving mental health research Sec. 201. Research with respect to violence. Title III—Understanding the epidemic of gun violence Sec. 301. National violent death reporting system. Sec. 302. Reaffirming Centers for Disease Control’s authority. Sec. 303. Protecting confidential doctor-patient relationship. Title IV—Mental health and access to firearms Sec. 401. Ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis. Sec. 402. Ban on firearm possession by person convicted of misdemeanor stalking; expansion of scope of misdemeanor crime of domestic violence. Sec. 403. Expansion of definition of intimate partner. Sec. 404. Grant program regarding firearms. Sec. 405. Notification of State and local law enforcement authorities of attempt to purchase firearm by ineligible person. Title V—Restoration Sec. 501. Federal agency relief program. Sec. 502. State relief programs. Sec. 503. General Federal relief. Title VI—Submission of Mental Health Records to National Instant Criminal Background Check System Sec. 601. Reports relating to submission of information to NICS. Sec. 602. Reauthorization of the National Criminal History Records Improvement Program. Sec. 603. Improvement of metrics and incentives. Sec. 604. Grants to States to improve coordination and automation of NICS record reporting. Sec. 605. Sharing of records by Federal departments and agencies with NICS. Sec. 606. Rulemaking to permit submission of mental health records to the National Instant Criminal Background Check System pursuant to the Health Insurance Portability and Accountability Act. I Strengthening and improving intervention efforts 101. Mental health crisis assessment, prevention, and education grant program (a) Definitions For purposes of this section, the following definitions shall apply: (1) Eligible Entity The term eligible entity means a State, political subdivision of a State, or nonprofit private entity. (2) Secretary The term Secretary means the Secretary of Health and Human Services. (3) State The term State means each State of the United States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian tribe. (b) Establishment of Grant Program (1) Establishment The Secretary shall establish a program to award grants to eligible entities to carry out the activities described in paragraph (2). (2) Use of Funds (A) In General Grants under this section may be used to carry out programs that— (i) expand early invention and treatment services to improve access to mental health crisis assistance and address unmet mental health care needs; (ii) expand the continuum of services to address crisis intervention and crisis stabilization; (iii) reduce recidivism due to mental health crises and mitigate unnecessary expenditures by local law enforcement; and (iv) reduce unnecessary hospitalizations by appropriately utilizing community-based services and improving access to timely mental health crisis assistance. (B) Authorized Activities The programs described in subparagraph (A) may include any or all of the following activities: (i) Mental health crisis intervention and response training for law enforcement (to increase officers’ understanding and recognition of mental illnesses). (ii) Mobile support that provides field-based behavioral health assistance to law enforcement and members of the community and links individuals in crisis to appropriate services. (iii) School and community-based early intervention and prevention programs that provide mobile response, screening and assessment, training and education, and peer-based and family services. (3) Application To be considered for a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. At minimum, such application shall include a description of— (A) the activities to be funded with the grant; (B) community needs; (C) the population to be served; and (D) the interaction between the activities described in subparagraph (A) and public systems of health and mental health care, law enforcement, social services, and related assistance programs. (4) Selecting among applicants (A) In General Grants shall be awarded to eligible entities on a competitive basis. (B) Selection Criteria The Secretary shall evaluate applicants based on such criteria as the Secretary determines to be appropriate, including the ability of an applicant to carry out the activities described in paragraph (2). (5) Reports (A) Annual Reports (i) Eligible Entities As a condition of receiving a grant under this section, an eligible entity shall agree to submit a report to the Secretary, on an annual basis, describing the activities carried out with the grant and assessing the effectiveness of such activities. (ii) Secretary The Secretary shall, on an annual basis, and using the reports received under clause (i), report to Congress on the overall impact and effectiveness of the grant program under this section. (B) Final Report Not later than January 15, 2019, the Secretary shall submit to Congress a final report that includes recommendations with respect to the feasibility and advisability of extending or expanding the grant program. (6) Collection of Data (A) In General The Secretary shall collect data on the grant program to determine its effectiveness in reducing the social impact of mental health crises and the feasibility and advisability of extending the grant program. (B) Manner of Collection Data described in subparagraph (A) shall be collected and analyzed using a scientific peer-reviewed system and valid and reliable results-based research methodologies. (c) Funding (1) Grant Amount A grant under this section shall be in an amount that is not more than $100,000 for each of fiscal years 2015 through 2019. Subject to the preceding sentence, the Secretary shall determine the amount of each grant. (2) Authorization of Appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2015 through 2019. 102. School-based mental health programs (a) Technical amendments The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act ( 42 U.S.C. 290kk et seq. ) is amended— (1) by redesignating such part as part J; and (2) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (b) School-Based mental health and children and violence Section 581 of the Public Health Service Act ( 42 U.S.C. 290hh ) is amended to read as follows: 581. School-based mental health and children and violence (a) In general The Secretary, in collaboration with the Secretary of Education and in consultation with the Attorney General, shall, directly or through grants, contracts, or cooperative agreements awarded to public entities and local education agencies, assist local communities and schools in applying a public health approach to mental health services both in schools and in the community. Such approach should provide comprehensive age-appropriate services and supports, be linguistically and culturally appropriate, be trauma-informed, and incorporate age-appropriate strategies of positive behavioral interventions and supports. A comprehensive school mental health program funded under this section shall assist children in dealing with trauma and violence. (b) Activities Under the program under subsection (a), the Secretary may— (1) provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate, trauma-informed, and age-appropriate, school mental health program that incorporates positive behavioral interventions, client treatment, and supports to foster the health and development of children; (2) provide technical assistance to local communities with respect to the development of programs described in paragraph (1); (3) provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health issues and violence when and if it occurs; (4) facilitate community partnerships among families, students, law enforcement agencies, education systems, mental health and substance use disorder service systems, family-based mental health service systems, welfare agencies, health care service systems (including physicians), faith-based programs, trauma networks, and other community-based systems; and (5) establish mechanisms for children and adolescents to report incidents of violence or plans by other children, adolescents, or adults to commit violence. (c) Requirements (1) In general To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall— (A) be a partnership between a local education agency and at least one community program or agency that is involved in mental health; and (B) submit an application, that is endorsed by all members of the partnership, that contains the assurances described in paragraph (2). (2) Required assurances An application under paragraph (1) shall contain assurances as follows: (A) That the applicant will ensure that, in carrying out activities under this section, the local educational agency involved will enter into a memorandum of understanding— (i) with at least one public or private mental health entity, health care entity, law enforcement or juvenile justice entity, child welfare agency, family-based mental health entity, family or family organization, trauma network, or other community-based entity; and (ii) that clearly states— (I) how school-employed mental health professionals (such as school psychologists, school counselors, and school social workers) will be utilized in the comprehensive school mental health program; (II) the responsibilities of each partner with respect to the activities to be carried out; (III) how each such partner will be accountable for carrying out such responsibilities; and (IV) the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program. (B) That the comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address— (i) the promotion of the social, emotional, mental, and behavioral health and wellness of all students in an environment that is conducive to learning; (ii) the reduction in the likelihood of at risk students developing social, emotional, mental, and behavioral health problems, or substance use disorders; (iii) the early identification of social, emotional, mental, and behavioral problems, or substance use disorders and the provision of early intervention services; (iv) the treatment or referral for treatment of students with existing social, emotional, mental, and behavioral health problems, or substance use disorders; and (v) the development and implementation of programs to assist children in dealing with trauma and violence. (C) That the comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel, including ancillary staff and volunteers, in— (i) the techniques and supports needed to identify early children with trauma histories and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and to follow-up when services are not available; (iii) strategies that promote the social, emotional, mental, and behavioral health and wellness of all students; (iv) strategies for promoting the social, emotional, mental, and behavioral health of all students; and (v) strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive school-based mental health programs. (D) That the comprehensive school-based mental health program carried out under this section will include comprehensive training for parents, siblings, and other family members of children with mental health disorders, and for concerned members of the community in— (i) the techniques and supports needed to identify early children with trauma histories, and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community and follow-up when such services are not available; and (iii) strategies that promote a school-wide positive environment. (E) That the comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program after funding under this section terminates. (F) That the local education agency partnership involved is supported by the State educational and mental health system to ensure that the sustainability of the programs is established after funding under this section terminates. (G) That the comprehensive school-based mental health program carried out under this section will be based on trauma-informed and evidence-based practices. (H) That the comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act. (I) That the comprehensive school-based mental health program carried out under this section will be trauma-informed and culturally and linguistically appropriate. (J) That the comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out of school due to policies of zero tolerance with respect to drugs, alcohol, or weapons and an inability to obtain appropriate services. (K) That the mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise. (3) Coordinator Any entity that is a member of a partnership described in paragraph (1)(A) may serve as the coordinator of funding and activities under the grant if all members of the partnership agree. (4) Compliance with HIPAA A grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 with respect to any patient records developed through activities under the grant. (d) Geographical distribution The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas. (e) Duration of awards With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 6 years. An entity may receive only one award under this section, except that an entity that is providing services and supports on a regional basis may receive additional funding after the expiration of the preceding grant period. (f) Evaluation and measures of outcomes (1) Development of process The Administrator shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include— (A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; (B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and (C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. (2) Measures of outcomes (A) In general The Administrator shall develop measures of outcomes to be applied by recipients of assistance under this section, and the Administrator, in evaluating the effectiveness of programs carried out under this section. Such measures shall include student and family measures as provided for in subparagraph (B) and local educational measures as provided for under subparagraph (C). (B) Student and family measures of outcomes The measures of outcomes developed under paragraph (1)(B) relating to students and families shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate whether the program is effective in— (i) improving social, emotional, mental, and behavioral health and wellness; (ii) increasing academic competency (as defined by Secretary); (iii) reducing disruptive and aggressive behaviors; (iv) improving child functioning; (v) reducing substance use disorders; (vi) reducing suspensions, truancy, expulsions and violence; (vii) increasing graduation rates (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965); and (viii) improving access to care for mental health disorders. (C) Local educational outcomes The outcome measures developed under paragraph (1)(B) relating to local educational systems shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate— (i) the effectiveness of comprehensive school mental health programs established under this section; (ii) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system; (iii) the progress made in sustaining the program once funding under the grant has expired; (iv) the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training; (v) the improvement in perception of a safe and supportive learning environment among school staff, students, and parents; (vi) the improvement in case-finding of students in need of more intensive services and referral of identified students to early intervention and clinical services; (vii) the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others; (viii) the increased successful matriculation to postsecondary school; and (ix) reduced referrals to juvenile justice. (3) Submission of annual data An entity that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Administrator a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. (4) Evaluation by Administrator Based on the data submitted under paragraph (3), the Administrator shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. (5) Limitation A grantee shall use not to exceed 10 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. (g) Information and education The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals. (h) Amount of grants and authorization of appropriations (1) Amount of grants A grant under this section shall be in an amount that is not more than $1,000,000 for each of grant years 2013 through 2017. The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2013 through 2017. . (c) Conforming amendment Part G of title V of the Public Health Service Act ( 42 U.S.C. 290hh et seq. ), as amended by this section, is further amended by striking the part heading and inserting the following: G School-based mental health . 103. Justice and mental health collaboration (a) Assisting Veterans (1) Redesignation Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by redesignating subsection (i) as subsection (l). (2) Assisting veterans Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by inserting after subsection (h) the following: (i) Assisting Veterans (1) Definitions In this subsection: (A) Peer to peer services or programs The term peer to peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran The term qualified veteran means a preliminarily qualified offender who— (i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and (ii) was discharged or released from such service under conditions other than dishonorable. (C) Veterans treatment court program The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; or (iv) other appropriate services, which may include housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer to peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. . (b) Correctional Facilities Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by inserting after subsection (i), as so added by subsection (a), the following: (j) Correctional facilities (1) Definitions (A) Correctional facility The term correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. (B) Eligible inmate The term eligible inmate means an individual who— (i) is being held, detained, or incarcerated in a correctional facility; and (ii) manifests obvious signs of a mental illness or has been diagnosed by a qualified mental health professional as having a mental illness. (2) Correctional facility grants The Attorney General may award grants to applicants to enhance the capabilities of a correctional facility— (A) to identify and screen for eligible inmates; (B) to plan and provide— (i) initial and periodic assessments of the clinical, medical, and social needs of inmates; and (ii) appropriate treatment and services that address the mental health and substance abuse needs of inmates; (C) to develop, implement, and enhance— (i) post-release transition plans for eligible inmates that, in a comprehensive manner, coordinate health, housing, medical, employment, and other appropriate services and public benefits; (ii) the availability of mental health care services and substance abuse treatment services; and (iii) alternatives to solitary confinement and segregated housing and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and (D) to train each employee of the correctional facility to identify and appropriately respond to incidents involving inmates with mental health or co-occurring mental health and substance abuse disorders. . (c) High utilizers Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by inserting after subsection (j), as added by subsection (b), the following: (k) Demonstration grants responding to high utilizers (1) Definition In this subsection, the term high utilizer means an individual who— (A) manifests obvious signs of mental illness or has been diagnosed by a qualified mental health professional as having a mental illness; and (B) consumes a significantly disproportionate quantity of public resources, such as emergency, housing, judicial, corrections, and law enforcement services. (2) Demonstration grants responding to high utilizers (A) In general The Attorney General may award not more than 6 grants per year under this subsection to applicants for the purpose of reducing the use of public services by high utilizers. (B) Use of grants A recipient of a grant awarded under this subsection may use the grant— (i) to develop or support multidisciplinary teams that coordinate, implement, and administer community-based crisis responses and long-term plans for high utilizers; (ii) to provide training on how to respond appropriately to the unique issues involving high utilizers for public service personnel, including criminal justice, mental health, substance abuse, emergency room, healthcare, law enforcement, corrections, and housing personnel; (iii) to develop or support alternatives to hospital and jail admissions for high utilizers that provide treatment, stabilization, and other appropriate supports in the least restrictive, yet appropriate, environment; or (iv) to develop protocols and systems among law enforcement, mental health, substance abuse, housing, corrections, and emergency medical service operations to provide coordinated assistance to high utilizers. (C) Report Not later than the last day of the first year following the fiscal year in which a grant is awarded under this subsection, the recipient of the grant shall submit to the Attorney General a report that— (i) measures the performance of the grant recipient in reducing the use of public services by high utilizers; and (ii) provides a model set of practices, systems, or procedures that other jurisdictions can adopt to reduce the use of public services by high utilizers. . (d) Academy training Section 2991(h) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(h) ) is amended— (1) in paragraph (1), by adding at the end the following: (F) Academy training To provide support for academy curricula, law enforcement officer orientation programs, continuing education training, and other programs that teach law enforcement personnel how to identify and respond to incidents involving individuals with mental illness or co-occurring mental illness and substance abuse disorders. ; and (2) by adding at the end the following: (4) Priority consideration The Attorney General, in awarding grants under this subsection, shall give priority to programs that law enforcement personnel and members of the mental health and substance abuse professions develop and administer cooperatively. . (e) Evidence based practices Section 2991(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(c) ) is amended— (1) in paragraph (3), by striking or at the end; (2) by redesignating paragraph (4) as paragraph (6); and (3) by inserting after paragraph (3), the following: (4) propose interventions that have been shown by empirical evidence to reduce recidivism; (5) when appropriate, use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services; or . (f) Safe communities (1) In general Section 2991(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(a) ) is amended by striking paragraph (9) and inserting the following: (9) Preliminarily qualified offender (A) In general The term preliminarily qualified offender means an adult or juvenile accused of an offense who— (i) (I) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness or co-occurring mental illness and substance abuse disorders; (II) manifests obvious signs of mental illness or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; or (III) in the case of a veterans treatment court provided under subsection (i), has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder; and (ii) has been unanimously approved for participation in a program funded under this section by, when appropriate, the relevant— (I) prosecuting attorney; (II) defense attorney; (III) probation or corrections official; (IV) judge; and (V) a representative from the relevant mental health agency described in subsection (b)(5)(B)(i). (B) Determination In determining whether to designate an individual as a preliminarily qualified offender, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and mental health or substance abuse agency representative shall take into account— (i) whether the participation of the individual in the program would pose a substantial risk of violence to the community; (ii) the criminal history of the individual and the nature and severity of the offense for which the individual is charged; (iii) the views of any relevant victims to the offense; (iv) the extent to which the individual would benefit from participation in the program; (v) the extent to which the community would realize cost savings because of the individual’s participation in the program; and (vi) whether the individual satisfies the eligibility criteria for program participation unanimously established by the relevant prosecuting attorney, defense attorney, probation or corrections official, judge and mental health or substance abuse agency representative. . (2) Technical and conforming amendment Section 2927(2) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–6(2) ) is amended by striking has the meaning given that term in section 2991(a). and inserting means an offense that— (A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. . (g) Reauthorization of appropriations Subsection (l) of section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa), as redesignated in subsection (a)(1), is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) $40,000,000 for each of fiscal years 2015 through 2019. ; and (2) by adding at the end the following: (3) Limitation Not more than 20 percent of the funds authorized to be appropriated under this section may be used for purposes described in subsection (i) (relating to veterans). . II Improving mental health research 201. Research with respect to violence The Secretary of Health and Human Services, in consultation with the Director of the National Institutes of Health, shall expand and intensify research on self-directed and other-directed violence associated with mental illness. III Understanding the epidemic of gun violence 301. National violent death reporting system The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall improve the National Violent Death Reporting System, as authorized by title III of the Public Health Service Act (42 U.S.C. 241 et seq.), particularly through the expansion of the application of such system to include the 50 States. Participation in the system by the States shall be voluntary. 302. Reaffirming Centers for Disease Control’s authority (a) In general Section 391 of the Public Health Service Act ( 42 U.S.C. 280b ) is amended— (1) in subsection (a)(1), by striking research relating to the causes, mechanisms, prevention, diagnosis, treatment of injuries, and rehabilitation from injuries; and inserting research, including data collection, relating to— (A) the causes, mechanisms, prevention, diagnosis, and treatment of injuries, including with respect to gun violence; and (B) rehabilitation from such injuries; ; and (2) by adding at the end the following new subsection: (c) No advocacy or promotion of gun control Nothing in this section shall be construed to— (1) authorize the Secretary to give assistance, make grants, or enter into cooperative agreements or contracts for the purpose of advocating or promoting gun control; or (2) permit a recipient of any assistance, grant, cooperative agreement, or contract under this section to use such assistance, grant, agreement, or contract for the purpose of advocating or promoting gun control. . (b) Authorization of appropriations Section 394A of the Public Health Service Act ( 42 U.S.C. 280b–3 ) is amended by striking authorized to be appropriated and all that follows through the end and inserting the following: authorized to be appropriated such sums as may be necessary for each of fiscal years 2015 through 2019. . 303. Protecting confidential doctor-patient relationship Section 2717(c) of the Public Health Service Act ( 42 U.S.C. 300gg–17(c) ) is amended by adding at the end the following new paragraph: (6) Rule of construction Notwithstanding the previous provisions of this subsection, none of the authorities provided to the Secretary under this subsection, Public Law 111–148 , or an amendment made by such Public Law shall be construed to prohibit a physician or other health care provider from— (A) asking a patient about the ownership, possession, use, or storage of a firearm or ammunition in the home of such patient; (B) speaking to a patient about gun safety; or (C) reporting to the authorities a patient’s threat of violence. . IV Mental health and access to firearms 401. Ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis Subsections (d)(4) and (g)(4) of section 922 of title 18, United States Code, are each amended by inserting on an involuntary inpatient or involuntary outpatient basis before the semicolon. 402. Ban on firearm possession by person convicted of misdemeanor stalking; expansion of scope of misdemeanor crime of domestic violence (a) Ban on firearm possession by person convicted of misdemeanor stalking Section 922 of title 18, United States Code, is amended— (1) in the first sentence of subsection (d)— (A) in paragraph (8)(ii), by striking or at the end; (B) in paragraph (9), by striking the period and inserting ; or ; and (C) by adding at the end the following: (10) has been convicted in any court of a misdemeanor crime of stalking. ; and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or at the end; (B) in paragraph (9), by striking the comma and inserting ; or ; and (C) by inserting after paragraph (9) the following: (10) who has been convicted in any court of a misdemeanor crime of stalking, . (b) Definition of misdemeanor crime of stalking; expansion of scope of misdemeanor crime of domestic violence Section 921(a)(33) of such title is amended by striking all that precedes subparagraph (B) and inserting the following: (33) (A) Except as provided in subparagraph (B): (i) The term misdemeanor crime of domestic violence means an offense that— (I) is a misdemeanor under Federal, State, or tribal law; and (II) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, child, grandparent, grandchild, sibling, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, by a dating partner (as defined in section 40002(a)(9) of the Violence Against Women Act of 1994), or by a person similarly situated to a spouse, parent, dating partner, or guardian of the victim. (ii) The term misdemeanor crime of stalking means an offense that— (I) is a misdemeanor under Federal, State, territorial, or tribal law; and (II) has, as an element, conduct prohibited by section 2261A or the threatened use of a deadly weapon, committed by a person against another person. . 403. Expansion of definition of intimate partner Section 921(a)(32) of title 18, United States Code, is amended by striking the spouse and all that follows and inserting a current or former spouse, parent, child, grandparent, grandchild, sibling, or guardian of the person, an individual with whom the person shares a child in common, a person who is cohabiting with or has cohabited with the person as a spouse, parent, or guardian, a dating partner (as defined in section 40002(a)(9) of the Violence Against Women Act of 1994) of the person, or by a person similarly situated to a spouse, parent, dating partner, sibling, or guardian of the person. . 404. Grant program regarding firearms Section 506(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3756(b) ) is amended— (1) by striking 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary ; (2) by inserting before paragraph (1) the following: (1) 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary— ; (3) by redesignating paragraph (1) as subparagraph (A); (4) in paragraph (2)— (A) by striking the period at the end and inserting ; or ; and (B) by redesignating paragraph (2) as subparagraph (B); and (5) by adding at the end the following: (2) 1 or more States, if that State has demonstrated, in the determination of the Attorney General, that the State has adopted policies, procedures, protocols, laws or regulations pertaining to the possession or transfer of firearms or ammunition that— (A) (i) give State and local law enforcement the authority, to the extent allowable under Federal laws and the United States Constitution, to seize firearms or ammunition from an individual pursuant to a warrant, where there is probable cause to believe that the individual in possession of such firearms or ammunition poses an elevated risk of harm to himself or herself or to another individual, which may be determined by considering whether the individual has caused harm to himself or herself or another individual, has detailed plans to cause harm to himself or herself or another individual, has a history of substance abuse, or lacks impulse control; and (ii) provide that not later than 14 days after such a seizure, an individual from whom a firearm or ammunition was so seized shall be given an opportunity to contest such seizure in court, and any firearm or ammunition so seized shall be returned to the individual, unless a State or local law enforcement officer demonstrates in court by a preponderance of the evidence that the individual from whom a firearm or ammunition was seized poses an elevated risk of harm to himself or herself or to another individual; or (B) temporarily prohibit an individual who has been involuntarily hospitalized for a period of not less than 48 hours for mental illness on an emergency basis, from possessing a firearm or ammunition; . 405. Notification of State and local law enforcement authorities of attempt to purchase firearm by ineligible person (a) In general The Attorney General shall establish a system for the prompt notification of the relevant State and local enforcement agencies when the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act notifies a licensed dealer that the information available to the system indicates that the possession of a firearm by an individual attempting to obtain a firearm from the licensed dealer would violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law, except when it is determined, on a case-by-case basis, that law enforcement purposes would best be served by not providing such a notice. (b) Definitions In this section, the terms firearm and licensed dealer shall have the meanings given such terms in section 921(a) of title 18, United States Code. V Restoration 501. Federal agency relief program Section 101(c) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— (1) in paragraph (2)(A)(i), by inserting after imposed by such subsections the following: if such person is a person described in subparagraph (C) and submits the opinion (and records and information supporting the opinion) of a psychiatrist or licensed clinical psychologist who has personally evaluated the person ; and (2) by adding at the end the following: (C) Person described A person is described in this subparagraph if, beginning not earlier than 1 year after the person is subject to the disabilities imposed by subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, and after affording the Federal department or agency the opportunity to request an additional evaluation, by a psychiatrist or licensed clinical psychologist appointed by the department or agency, the department or agency determines by a preponderance of the evidence received that— (i) the person no longer manifests the symptoms of mental disorder that resulted in that person’s adjudication as a mental defective or involuntary commitment or that otherwise significantly elevate the risk of harm to self or others; (ii) the person has adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application and has expressed a willingness to continue treatment under an appropriate mental health professional; (iii) if ongoing treatment is required, that adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to self or others; and (iv) the granting of the relief would not be contrary to the public interest. . 502. State relief programs (a) In general Section 105 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— (1) in subsection (a)(2), by striking if the circumstances regarding the disabilities referred to in paragraph (1), and the person's record and reputation, are such that the person will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest; and and inserting the following: beginning not earlier than 1 year after the person is first adjudicated as described in subsection (g)(4) of section 922 of title 18, United States Code, if the person submits the opinion (and records and information supporting the opinion) of a psychiatrist or licensed clinical psychologist who has personally evaluated the person, and after affording the State the opportunity to request an additional evaluation, by a psychiatrist or licensed clinical psychologist appointed by the court, board, commission, or other lawful authority, only if the court, board, commission, or other lawful authority determines by a preponderance of the evidence received that the person is a person described in subsection (c); and ; and (2) by adding at the end the following: (c) Eligible person described A person described in this subsection is any person who submits with the application for relief under subsection (a)(1), the opinion (and records and information supporting the opinion) of a psychiatrist or licensed clinical psychologist who has personally evaluated the petitioner and which attests that— (1) the person no longer manifests the symptoms of mental disorder that resulted in that person’s adjudication as a mental defective or involuntary commitment; (2) the person appears to have adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application and has expressed a willingness to continue treatment under an appropriate mental health professional; (3) if ongoing treatment is required, that adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to self or others; and (4) the granting of the relief would not be contrary to the public interest. (d) Definitions The Attorney General may, by rule, define terms used in this section to ensure conformity with Federal programs providing relief from disabilities imposed under subsections (d) and (g) of section 922 of title 18, United States Code. . (b) Transition rule The amendment made by subsection (a) shall apply only beginning on the date that is 5 years after the date of enactment of this Act, in the case of any State that has a program described in section 105 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) in effect on the date of enactment of this Act. 503. General Federal relief Section 925 of title 18, United States Code, is amended in subsection (c)— (1) by striking (c) A person and inserting (c)(1) Except as otherwise provided in paragraph (2), a person ; and (2) by adding at the end the following: (2) In the case of a person who is subject to the disability imposed under subsection (d)(4) or subsection (g)(4) of section 922, such person may not receive relief under this subsection unless— (A) the person submits an application not earlier than 1 year after the person is first subject to the disability imposed under subsection (d)(4) or subsection (g)(4) of section 922; (B) the person submits, with the application for relief, the opinion (and records and information supporting the opinion) of a psychiatrist or licensed clinical psychologist who has personally evaluated the petitioner and which attests that— (i) the person no longer manifests the symptoms of mental disorder that resulted in that person’s adjudication as a mental defective or involuntary commitment; (ii) the person appears to have adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application; and (iii) if ongoing treatment is required, that adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to self or others; (C) the Attorney General is afforded the opportunity to request an additional evaluation, by a psychiatrist or licensed clinical psychologist appointed by the court; and (D) the Attorney General determines by a preponderance of the evidence received that— (i) the person no longer manifests the symptoms of mental disorder that resulted in that person’s adjudication as a mental defective or involuntary commitment; (ii) the person appears to have adhered consistently to any prescribed treatment for a substantial period of time preceding the date of the application and has expressed a willingness to continue treatment under an appropriate mental health professional; (iii) if ongoing treatment is required, that adherence to that treatment is likely to minimize the risk that the person will revert to a mental state that would present a danger to self or others; and (iv) the granting of the relief would not be contrary to the public interest. . VI Submission of Mental Health Records to National Instant Criminal Background Check System 601. Reports relating to submission of information to NICS Section 201 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— (1) by amending subsection (b) to read as follows: (b) Report on persons prohibited from obtaining firearms as a result of a conviction of a misdemeanor crime of domestic violence Not later than January 31 of each year, the Director shall submit to Congress a report containing the number of persons reported by each State to the National Instant Criminal Background Check System who are prohibited from possessing or receiving a firearm under section 922(g)(9) of title 18, United States Code. ; (2) by redesignating subsection (d) as (e); and (3) by inserting after subsection (c) the following: (d) Report on promising practices (1) In general Not later than 180 days after the date of enactment of the Promoting Healthy Minds for Safer Communities Act of 2014, and annually thereafter, the Director shall submit to Congress and to each State participating in the National Criminal History Improvement Program, a report of the practices of the States that the Director considers to be promising practices. (2) Promising practice defined For purposes of this subsection, the term promising practice means a program, activity, or strategy of a State regarding the collection, maintenance, automation, and transmittal of information relevant to determining whether a person is prohibited from possessing or receiving a firearm by Federal or State law, by the State or any other agency, or any other records relevant to the National Instant Criminal Background Check System, that the Director determines— (A) has been used by a State or other agency to successfully increase or expand its ability to collect, maintain, automate, and transmit the information described in the matter preceding this subparagraph; (B) shows promise in its early stages of becoming a best practice under subsection (c), with long-term sustainable impact; and (C) may be replicated by other States or agencies. . 602. Reauthorization of the National Criminal History Records Improvement Program Section 106(b) of Public Law 103–159 ( 18 U.S.C. 922 note) is amended— (1) in paragraph (1), in the matter preceding subparagraph (A), by striking of this Act and inserting of the Promoting Healthy Minds for Safer Communities Act of 2014 ; and (2) by striking paragraph (2) and inserting the following: (2) Authorization of appropriations There are authorized to be appropriated for grants under this subsection $100,000,000 for each of fiscal years 2015 through 2018. . 603. Improvement of metrics and incentives Section 102(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended to read as follows: (b) Implementation plan (1) In general Not later than 1 year after the date of enactment of the Promoting Healthy Minds for Safer Communities Act of 2014, the Attorney General, in coordination with the States, shall establish for each State or Indian tribal government desiring a grant under section 103 a 4-year implementation plan to ensure maximum coordination and automation of the reporting of records or making records available to the National Instant Criminal Background Check System. (2) Benchmark requirements Each 4-year plan established under paragraph (1) shall include annual benchmarks, including both qualitative goals and quantitative measures, to assess implementation of the 4-year plan. (3) Penalties for non-compliance (A) In general During the 4-year period covered by a 4-year plan established under paragraph (1), the Attorney General shall withhold— (i) 10 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the first year in the 4-year period; (ii) 11 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the second year in the 4-year period; (iii) 13 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the third year in the 4-year period; and (iv) 15 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State does not meet the benchmark established under paragraph (2) for the fourth year in the 4-year period. (B) Failure to establish a plan A State that fails to establish a plan under paragraph (1) shall be treated as having not met any benchmark established under paragraph (2). . 604. Grants to States to improve coordination and automation of NICS record reporting (a) In general The NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— (1) by striking section 103 and inserting the following: 103. Grants to States for improvement of coordination and automation of NICS record reporting (a) Authorization From amounts made available to carry out this section, the Attorney General shall make grants to States, Indian Tribal governments, and State court systems, in a manner consistent with the National Criminal History Improvement Program and consistent with State plans for integration, automation, and accessibility of criminal history records, for use by the State, or units of local government of the State, Indian Tribal government, or State court system to improve the automation and transmittal of mental health records and criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments to Federal and State record repositories in accordance with section 102 and the National Criminal History Improvement Program. (b) Use of grant amounts Grants awarded to States, Indian Tribal governments, or State court systems under this section may only be used to— (1) carry out, as necessary, assessments of the capabilities of the courts of the State or Indian Tribal government for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; (2) implement policies, systems, and procedures for the automation and transmission of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories; (3) create electronic systems that provide accurate and up-to-date information which is directly related to checks under the National Instant Criminal Background Check System, including court disposition and corrections records; (4) assist States or Indian Tribal governments in establishing or enhancing their own capacities to perform background checks using the National Instant Criminal Background Check System; and (5) develop and maintain the relief from disabilities program in accordance with section 105. (c) Eligibility (1) In general To be eligible for a grant under this section, a State, Indian Tribal government, or State court system shall certify, to the satisfaction of the Attorney General, that the State, Indian Tribal government, or State court system— (A) is not prohibited by State law or court order from submitting mental health records to the National Instant Criminal Background Check System; and (B) subject to paragraph (2), has implemented a relief from disabilities program in accordance with section 105. (2) Relief from disabilities program For purposes of obtaining a grant under this section, a State, Indian Tribal government, or State court system shall not be required to meet the eligibility requirement described in paragraph (1)(B) until the date that is 2 years after the date of enactment of the Promoting Healthy Minds for Safer Communities Act of 2014. (d) Federal share (1) Studies, assessments, non-material activities The Federal share of a study, assessment, creation of a task force, or other non-material activity, as determined by the Attorney General, carried out with a grant under this section shall be not more than 25 percent. (2) Infrastructure or system development The Federal share of an activity involving infrastructure or system development, including labor-related costs, for the purpose of improving State or Indian Tribal government record reporting to the National Instant Criminal Background Check System carried out with a grant under this section may amount to 100 percent of the cost of the activity. (e) Grants to indian tribes Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments for use by Indian tribal judicial systems. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2015 through 2018. ; (2) by striking title III; and (3) in section 401(b), by inserting after of this Act the following: and 18 months after the date of enactment of the Promoting Healthy Minds for Safer Communities Act of 2014 . (b) Technical and conforming amendment The table of sections in section 1(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking the item relating to section 103 and inserting the following: Sec. 103. Grants to States for improvement of coordination and automation of NICS record reporting. . 605. Sharing of records by Federal departments and agencies with NICS Section 101(b) of the NICS Improvement Act of 2007 ( 18 U.S.C. 922 note) is amended— (1) in paragraph (2)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by inserting at the end the following: (D) not later than 180 days after the date of the enactment of the Promoting Healthy Minds for Safer Communities Act of 2014, and annually thereafter, submit a report to Congress on the compliance of the heads of Federal departments and agencies with the requirements of paragraphs (1) and (3). ; and (2) by adding at the end the following: (3) Other Federal departments and agencies The head of each Federal department or agency in possession of records which are relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, shall make available to the Attorney General, such records, updated not less than quarterly, for use in the background checks performed by the National Instant Criminal Background Check System. . 606. Rulemaking to permit submission of mental health records to the National Instant Criminal Background Check System pursuant to the Health Insurance Portability and Accountability Act Not later than 1 year after the date of the enactment of the Promoting Healthy Minds for Safer Communities Act, the Secretary of Health and Human Services shall issue a final rule, pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), to allow disclosures of information described in section 102(c)(3) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) to the National Instant Criminal Background Check System to assist the Attorney General in enforcing section 922(g)(4) of title 18, United States Code.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4783ih/xml/BILLS-113hr4783ih.xml
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113-hr-4784
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I 113th CONGRESS 2d Session H. R. 4784 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Cicilline (for himself, Mr. Grijalva , Ms. Clarke of New York , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 incentivize State reporting systems that allow mental health professionals to submit information on certain individuals deemed dangerous for purposes of prohibiting firearm possession by such individuals, and for other purposes.
1. Short title This Act may be cited as the End Purchase of Firearms by Dangerous Individuals Act of 2014 . 2. State reporting systems (a) State reporting systems as condition of receiving full Edward Byrne Memorial Justice Assistance Grants amounts (1) In general For each fiscal year beginning with fiscal year 2018, a State shall— (A) establish a reporting system, in accordance with guidelines provided pursuant to section 4(a), through which mental health professionals may report to appropriate State entities— (i) in accordance with paragraph (2), information described in such paragraph with respect to individuals described in such paragraph; (ii) in accordance with paragraph (3), information described in such paragraph with respect to individuals described in such paragraph; and (iii) in accordance with paragraph (4), information described in such paragraph with respect to individuals described in such paragraph; (B) establish under State law a process, in accordance with the guidelines provided pursuant to section 4(b), relating to temporarily committing individuals involuntarily to, or holding individuals involuntarily at, mental health facilities; (C) from the information collected by the State pursuant to subparagraph (A), make electronically available to the Attorney General records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g)(4) of section 922 of title 18, United States Code, or applicable State law; (D) upon notification under a subsequent paragraph of this section or subparagraph (G), or otherwise as specified under such paragraph or subparagraph, that the basis under which a record was made available under subparagraph (A) does not apply, or no longer applies, shall, as soon as practicable— (i) update, correct, modify, or remove, as applicable, the record from any database that the Federal or State government maintains and makes available to the National Instant Criminal Background Check System, consistent with the rules pertaining to that database; and (ii) notify the Attorney General that such basis no longer applies so that the record system in which the record is maintained is kept up to date; (E) ensure that the information submitted to the reporting system pursuant to this subsection— (i) with respect to an individual described in paragraph (3), is removed from such system on the date described in the second sentence of such paragraph; and (ii) with respect to an individual described in paragraph (4), is removed from such system on the date described in the second sentence of such paragraph; (F) ensure that the reporting system established under subparagraph (A) includes an appeals process comparable to such a process applied with respect to the National Instant Criminal Background Check System, including with respect to procedures for notifications of individuals with respect to whom information is submitted to the reporting system and an opportunity to review and appeal such submission; and (G) (i) ensure that any individual who— (I) is disqualified from possessing or receiving a firearm under subsection (g)(4) of section 922, of title United States Code, or applicable State law pursuant to information reported through the reporting system established under subparagraph (A); and (II) at the time of inclusion of such information in such reporting system is under 18 years of age; is evaluated by a mental health professional by not later than the date the individual is 21 years of age in order to determine if such individual should remain so disqualified; and (ii) upon determination that such individual should not remain so disqualified, notify the appropriate State entity that the information so reported no longer applies for inclusion in the reporting system or any database or record described in subparagraph (D). (2) Individuals Temporarily Committed on a Voluntary Basis For purposes of subsection (a)(1)(A)(i), in the case of an individual who is committed on a voluntary basis to a mental institution (as defined for purposes of section 922(g)(4) of title 18, United States Code) in a State, the mental health professional who is primarily responsible for the individual’s treatment at such institution— (A) may report to the reporting system established by the State under paragraph (1)(A) information with respect to such individual that is sufficient for inclusion in the National Instant Criminal Background Check System and consistent with Federal and State privacy laws if such mental health professional determines, in accordance with the guidelines provided pursuant to section 4(a) and with section 5(c), such individual is a danger to the individual or to others; and (B) upon discharge of such individual from such institution, shall notify the appropriate State entity that the information submitted under subparagraph (A) no longer applies for inclusion in the reporting system established under paragraph (1)(A) or any database or record described in paragraph (1)(D). (3) Individuals temporarily committed or held on an involuntary basis For purposes of subsection (a)(1)(A)(ii), in the case of an individual who is temporarily committed or held on an involuntary basis, in accordance with a process described in paragraph (1)(B), to a mental institution (as defined for purposes of section 922(g)(4) of title 18, United States Code) in a State, the mental health professional who is primarily responsible for the individual’s treatment at such institution may report to the reporting system established by the State under paragraph (1)(A), as soon as is practicable after the date the individual is released from such institution, information with respect to such individual that is sufficient for inclusion in the National Instant Criminal Background Check System and consistent with Federal and State privacy laws if such mental health professional determines, in accordance with the guidelines provided pursuant to section 4(a) and with section 5(c), such individual is a danger to the individual or to others. On the date that is 5 years after the date of such release, for purposes of subsections (a)(1)(D) and (b)(1), the appropriate State entity and the Attorney General shall be deemed to have been notified that the information submitted under the previous sentence no longer applies for inclusion in the reporting system established under paragraph (1)(A) or any database or record described in paragraph (1)(D). (4) Individuals making specific threat to mental health professional For purposes of subsection (a)(1)(A)(iii), in the case of an individual who communicates to a mental health professional a serious threat, as determined by the professional in accordance with the guidance provided pursuant to section 4(a), of physical violence against another individual who is reasonably identifiable, the mental health professional may report to the reporting system established by the State under paragraph (1)(A), as soon as is practicable after the date of such communication, information with respect to such individual that is sufficient for inclusion in the National Instant Criminal Background Check System and consistent with Federal and State privacy laws. On the date that is 6 months after the date of such report, for purposes of subsections (a)(1)(D) and (b)(1), the appropriate State entity and the Attorney General shall be deemed to have been notified that the information submitted under the previous sentence no longer applies for inclusion in the reporting system established under paragraph (1)(A) or any database or record described in paragraph (1)(D). (b) National Instant Criminal Background Check System updates required (1) In general The Attorney General upon receiving notice pursuant to subsection (a)(1)(D) shall ensure that the record in the National Instant Criminal Background Check System is updated, corrected, modified, or removed within 30 days of receipt. (2) Specific information removed from record The Attorney General shall ensure that the information submitted to the National Instant Criminal Background Check System pursuant to subsection (a)— (A) with respect to an individual described in paragraph (3) of subsection (a), is removed from such system on the date described in the second sentence of such paragraph; and (B) with respect to an individual described in paragraph (4) of subsection (a), is removed from such system on the date described in the second sentence of such paragraph. (c) Enforcement (1) Attorney general report (A) In general Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of the States in implementing and maintaining the reporting system described in subparagraph (A) of subsection (a)(1) and process described in subparagraph (B) of such subsection, and in providing that information pursuant to the requirements of subparagraphs (C) and (D) of such subsection. (B) Authorization of appropriations There are authorized to be appropriated to the Department of Justice, such funds as may be necessary to carry out subparagraph (A). (2) Penalties (A) Discretionary reduction (i) For each year during the 2-year period beginning 3 years after the date of enactment of this Act, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State for such year under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State is not in compliance with each requirement under subsection (a)(1) with respect to such year. (ii) For each year during the 5-year period after the expiration of the period referred to in clause (i), the Attorney General may withhold not more than 4 percent of the amount that would otherwise be allocated to a State for such year under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State is not in compliance with each requirement under subsection (a)(1) with respect to such year. (B) Mandatory reduction For each year after the expiration of the periods referred to in subparagraph (A), the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State for such year under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ), if the State is not in compliance with each requirement under subsection (a)(1) with respect to such year. (C) Waiver by Attorney General The Attorney General may waive the applicability of subparagraph (B) to a State with respect to the requirements described in subparagraphs (A), (B), and (C) of subsection (a)(1) if the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with such requirements. (3) Reallocation Any funds that are not allocated under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) to a State pursuant to paragraph (2) because of the failure of the State to comply with the requirements of subsection (a)(1) shall be reallocated under such section to States that meet such requirements. 3. Additional Firearms Prohibitions to Federal NICS System Based on State Reporting Systems Section 992 of title 18, United States Code, is amended— (1) in subsection (d)— (A) by amending paragraph (4) to read as follows: (4) has been— (A) adjudicated as a mental defective; or (B) committed to any mental institution, and— (i) in the case of a voluntary commitment— (I) has been determined by a mental health professional, in accordance with section 5(c) of the End Purchase of Firearms by Dangerous Individuals Act of 2014, to present a danger to others; and (II) is serving a period of commitment at such institution; (ii) in the case of a temporary involuntary commitment or hold through a process established pursuant to section 2(a)(1)(B) of the End Purchase of Firearms by Dangerous Individuals Act of 2014— (I) has been determined by a mental health professional, in accordance with section 5(c) of the End Purchase of Firearms by Dangerous Individuals Act of 2014, to present a danger to others; and (II) is serving a period of commitment at such institution, or has been released from such institution for a period of less than 5 years; or (iii) in the case of a formal commitment by a court, board, commission, or other lawful authority, is serving a period of commitment at such institution, or has been released from such institution; ; (B) in paragraph (8), by striking or at the end; (C) in paragraph (9), by striking the period at the end and inserting ; or ; and (D) by inserting after paragraph (9), the following new paragraph: (10) during the prior 6-month period, has communicated to a mental health professional a serious threat to commit an act of physical violence against another identifiable person. ; and (2) in subsection (g)— (A) by amending paragraph (4) to read as follows: (4) who has been— (A) adjudicated as a mental defective; or (B) committed to any mental institution, and— (i) in the case of a voluntary commitment— (I) has been determined by a mental health professional, in accordance with section 5(c) of the End Purchase of Firearms by Dangerous Individuals Act of 2014, to present a danger to others; and (II) is serving a period of commitment at such institution; (ii) in the case of a temporary involuntary commitment or hold through a process established pursuant to section 2(a)(1)(B) of the End Purchase of Firearms by Dangerous Individuals Act of 2014— (I) has been determined by a mental health professional, in accordance with section 5(c) of the End Purchase of Firearms by Dangerous Individuals Act of 2014, to present a danger to others; and (II) is serving a period of commitment at such institution, or has been released from such institution for a period of less than 5 years; or (iii) in the case of a formal commitment by a court, board, commission, or other lawful authority, is serving a period of commitment at such institution, or has been released from such institution; ; (B) in paragraph (8), by striking or at the end; (C) in paragraph (9), by striking the comma at the end and inserting ; or ; and (D) by inserting after paragraph (9), the following new paragraph: (10) who has communicated to a mental health professional a serious threat to commit an act of physical violence against another identifiable person, for a period of 6 months after making such a threat, . 4. Guidelines (a) General guidelines for State reporting systems Not later than 16 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall, pursuant to rulemaking and in accordance with subsection (d), establish guidelines for States and mental health professionals, with respect to establishing reporting systems under section 2(a)(1)— (1) to ensure determinations described in paragraphs (2) and (3) of section 2(a) of dangerousness and determinations described in section 2(a)(4) of serious threat for purposes of reporting information under section 2(a)(1) are administered properly; (2) to ensure that only individuals qualified to make such determinations are permitted to do so; (3) to ensure an individual has recourse at any point during the detention of such individual at a mental health institution on the basis of a voluntary or involuntary commitment to contest the legality of such commitment or determination of dangerousness by means of a “habeas corpus” or writ hearing; (4) to ensure all reporting to law enforcement officials, State-based databases, and National Instant Criminal Background Check System are compliant with applicable Federal and State privacy and security protections and standards; (5) to recommend the process by which qualified professionals should assess an individual to determine dangerousness for purposes described in section 2; and (6) for any other purpose deemed necessary by the Secretary. (b) Temporary involuntary commitment or hold process guidelines Not later than 16 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall, pursuant to rulemaking and in accordance with subsection (d), establish guidelines for States to establish a process for temporarily committing or holding individuals on an involuntary basis to mental health institutions. Such guidelines shall address at least the following: (1) Due Process Guidelines to ensure any determination that an individual shall be temporarily involuntarily committed or held is assessed by more than one qualified mental health professional. (2) Qualified professionals Guidelines to determine which mental health professionals are qualified to handle the responsibilities provided such professionals under section 2. (3) Recommendations in Assessing Patients Guidelines recommending the process by which qualified professionals should assess an individual to determine dangerousness for purposes described in section 2. (4) Treatments (A) In general Guidelines for how any individual designated to be temporarily involuntary committed or held and who is receiving medication as a result of the mental illness of such individual must be advised about the probable effects and possible side effects of the medication. (B) Information on medication Guidelines for requiring the following information related to medications to be given to such an individual: (i) The nature of the mental illness or behavior that is the reason the medication is being given or recommended. (ii) The likelihood of such mental illness or behavior improving or not improving without the medication. (iii) Reasonable alternative treatments available. (iv) The name and type, frequency amount, and method of dispensing the medication, and the probable length of time the medication will be taken. (5) Assessment Guidelines related to the process of assessing an individual for a temporary involuntary commitment or hold, which shall incorporate the following requirements: (A) Face to Face Prior to admitting an individual to a mental health facility pursuant to such commitment, the qualified mental health professional in charge of the facility or designee of such professional shall assess the individual with a face to face assessment to determine the appropriateness of the temporary involuntary detention or hold. (B) Verification from Second Professional A second mental health professional shall independently verify the appropriateness of the temporary involuntary detention or hold. (6) Advisement Guidelines related to advising such an individual orally and in written form during the following steps in the process of the individual being temporarily involuntarily committed or held: (A) Transport After an initial detention by a qualified professional (as defined by the State) to transport a patient to a facility, an oral advisement containing critical information as determined by the Secretary must be given to the individual being transported to a facility for an assessment. (B) Upon Admission Upon admission, after a determination of dangerousness by a qualified professional, an oral advisement by a mental health professional containing critical information as determined by the Secretary must be given to the individual. (7) Additional guidelines Any other guidelines deemed necessary by the Secretary for purposes of this Act. (c) Certification process The Secretary of Health and Human Services shall establish a process for certifying that States are in compliance with the guidelines described in subsections (a) and (b) for purposes of establishing the compliance of such States under section 2(c). (d) Consultation with stakeholders In establishing guidelines described in paragraphs (1), (2), and (5) of subsection (a) and paragraphs (2), (3), (4), and (5) of subsection (b), the Secretary of Health and Human Services shall consult with relevant mental health professional organizations and stakeholders, such as the American Psychological Association and the American Psychiatric Association. 5. Miscellaneous (a) Individuals temporarily involuntarily committed or held To be treated as distinct from others who are involuntarily committed For purposes of the National Instant Criminal Background Check System, the provisions of this Act, and section 922 of title 18, United States Code, individuals who are temporarily involuntarily committed or held under a State-level process with respect to which the State has been certified under section 4(c) shall be treated as a separate and distinct population from individuals who are involuntarily committed through a judicial process. (b) Limiting liability for mental health professionals Any mental health professional who does not report under a reporting system established under section 2(a)(1), in accordance with guidelines established under section 4(a), information described in paragraph (2), (3), or (4) of section 2(a), with respect to an individual described in such respective paragraph, shall not be held liable in any civil action in State or Federal court for any damages resulting from such failure to report such information. (c) Determination of dangerousness For purposes of this Act, a determination of dangerousness, with respect to an individual, shall be predicated on the presence of either— (1) a substantial risk of physical harm to the individual as manifested by evidence of, threats of, or attempts at, suicide or serious bodily harm; or (2) a substantial risk of physical harm to another individual as manifested by evidence of homicidal or other violent behavior or evidence that such other individual is placed in reasonable fear of violent behavior and physical harm to such other individual. (d) Study on existing State statutes (1) Study The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall enter into an agreement with the Institute of Medicine (or if the Institute declines to enter into such an agreement, another appropriate entity) to conduct a comprehensive study on State statutes, enacted before the date of the enactment of this Act, that require mental health professionals to directly report certain individuals into State firearm prohibition databases. (2) Considerations The study under paragraph (1) shall include consideration of the following: (A) How the State statutes described in such paragraph impact the quality of care provided by mental health professionals to patients. (B) How such State statutes impact a patient’s decision to access mental health treatment. (C) The effectiveness of such State statutes as interventions for preventing firearm-related violence. (D) Any other relevant considerations, as determined by the Institute of Medicine (or, if applicable, the other appropriate entity described in paragraph (1)). (3) Report The Secretary shall ensure that, not later than 12 months after the date of enactment of this Act— (A) the study under subparagraph (1) is completed; and (B) a report on the finding and conclusions of such study is submitted to the Congress. (e) Amending references from persons adjudicated as a mental defective to ineligible due to disqualifying mental status (1) In general (A) Section 175b(d)(2)(F) of title 18, United States Code, is amended by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status . (B) Section 842 of title 18, United States Code, is amended— (i) in subsection (d)(6), by striking adjudicated a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; and (ii) in subsection (i)(4), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status . (C) Section 922 of title 18, United States Code, is amended— (i) in subsection (d)(4), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; (ii) in subsection (g)(4), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; and (iii) in subsection (s)(3)(B)(iv), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status . (D) The NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— (i) in section 3(2), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; (ii) in section 101— (I) in subsection (b)(2)(C)(ii), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; (II) in subsection (c)(1)(C), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; (III) in subsection (c)(3), in the matter preceding subparagraph (A), by striking adjudicate a person as a mental defective, and inserting adjudicate a person as ineligible due to disqualifying mental status ; and (IV) in subsection (c)(3)(A), by striking adjudicate the person as a mental defective, and inserting adjudicate the person as ineligible due to disqualifying mental status ; and (iii) in section 102— (I) in subsection (b)(1)(C)(iv), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status ; and (II) in subsection (c)(3), by striking adjudicated as a mental defective, and inserting adjudicated as ineligible due to disqualifying mental status . (2) References For purposes of each provision amended by paragraph (1), a reference to a person adjudicated as ineligible due to disqualifying mental status shall be considered to refer to a person adjudicated as a mental defective, as defined for that provision on the day before the date of enactment of this Act. (3) Regulations For purposes of regulations issued to carry out a provision amended by paragraph (1)— (A) before the regulations are amended to carry out this subsection a reference in the regulations to a person adjudicated as a mental defective shall be considered to be a reference to a person adjudicated as ineligible due to disqualifying mental status; and (B) in amending the regulations to carry out this subsection, a Federal agency shall ensure that the regulations clearly state that persons adjudicated as ineligible due to disqualifying mental status were formerly termed persons adjudicated as a mental defective. (4) Rule of construction Nothing in this subsection shall be construed to alter or otherwise affect the definition of persons previously termed adjudicated as a mental defective under provisions amended by paragraph (1).
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113-hr-4785
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I 113th CONGRESS 2d Session H. R. 4785 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Daines (for himself and Mrs. Kirkpatrick ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend and improve the Indian coal production tax credit.
1. Extension and improvement of Indian coal production tax credit (a) Repeal of limitation based on date facility is placed in service Section 45(d) of the Internal Revenue Code of 1986 is amended to read as follows: (10) Indian coal production facility The term Indian coal production facility means a facility that produces Indian coal. . (b) Repeal of limitation on period during which coal must be produced and sold; treatment of sales to related parties Section 45(e)(10)(A) of such Code is amended by striking per ton of Indian coal— and all that follows and inserting the following: per ton of Indian coal— (i) produced by the taxpayer at an Indian coal production facility, and (ii) sold (either directly by the taxpayer or after sale or transfer to one or more related persons) to an unrelated person. . (c) Repeal of limitation on treatment as a specified credit (1) In general Section 38(c)(4)(B) of such Code is amended by redesignating clauses (iv) through (ix) as clauses (v) through (x), respectively, and by inserting after clause (iii) the following new clause: (iv) the credit determined under section 45 to the extent that such credit is attributable to section 45(e)(10) (relating to Indian coal production facilities), . (2) Conforming amendment Section 45(e)(10) of such Code is amended by striking subparagraph (D). (d) Effective date The amendments made by this section shall apply to coal produced and sold after the date of the enactment of this Act, in taxable years ending after such date.
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113-hr-4786
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I 113th CONGRESS 2d Session H. R. 4786 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Delaney (for himself and Mr. Cole ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Commission on Long Term Social Security Solvency, and for other purposes.
1. Short title This Act may be cited as the Social Security Commission Act of 2014 . 2. Establishment There is established in the legislative branch a commission to be known as the Commission on Long Term Social Security Solvency (in this Act referred to as the Commission ). 3. Duty of the Commission Not later than 1 year after the initial meeting of the Commission, the Commission shall transmit to Congress a special message that includes recommendations and proposed legislation for achieving solvency in each of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for a period of at least 75 years beginning on the date that is 1 year after the initial meeting of the Commission. Such message shall be approved by at least 9 members of the Commission. 4. Members (a) Number and appointment The Commission shall be composed of 13 members. Of the members of the Commission— (1) 1 shall be appointed by the President; (2) 3 shall be appointed by the Speaker of the House of Representatives; (3) 3 shall be appointed by the Minority Leader of the House of Representatives; (4) 3 shall be appointed by the Majority Leader of the Senate; and (5) 3 shall be appointed by the Minority Leader of the Senate. (b) Qualifications for congressional appointees Of the members of the Commission appointed by the Congress, at least 1 appointed by each political party shall be an expert who is not an elected official or an officer or employee of the Federal Government or of any State. (c) Timing of appointments Each of the appointments made under subsection (a) shall be made not later than 45 days after the date of the enactment of this Act. (d) Terms; vacancies Each member shall be appointed for the life of the Commission, and a vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Compensation (1) In general Members of the Commission shall serve without pay. (2) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. 5. Operation and powers of the Commission (a) Chair and co-Chair The member of the Commission appointed by the President under section 4(a) shall serve as the chair of the Commission. A co-chair of the Commission shall be designated by the Speaker of the House of Representatives at the time of the appointment. (b) Meetings The Commission shall meet not later than 30 days after the members of the Commission have been appointed, and at such times thereafter as the chair or co-chair shall determine. (c) Rules of procedure The chair and co-chair shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Obtaining official data The Commission may secure directly from any department or agency of the United States, including the Congressional Budget Office and the Government Accountability Office, any information or technical assistance necessary to enable it to carry out this Act. Upon request of the chair or co-chair of the Commission, the head of that department or agency shall furnish that information or technical assistance to the Commission. (f) Contract authority The Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (g) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. 6. Personnel (a) Director The Commission shall have a Director who shall be appointed by the Commission. The Director shall be paid at a rate of pay equivalent to the annual rate of basic pay for a comparable position paid under the Executive Schedule, subject to the approval of the chair and the co-chair. (b) Staff The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the Executive Schedule. (d) Staff of Federal agencies Upon request of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Administrative support services Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Gifts, bequests, and devises The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. 7. Termination The Commission shall terminate not later than 60 days after the submission of the report described in section 3. 8. Authorization of appropriations There is authorized to be appropriated not more than $2,000,000 to carry out this Act. 9. Expedited consideration of Commission recommendations (a) Expedited consideration (1) Introduction of approval bill The majority leader of each House or a designee shall (by request) introduce an approval bill as described in subsection (c) not later than the third day of session of that House after the date of receipt of a special message transmitted to the Congress under Section 3. (2) Consideration in the House of Representatives (A) Referral and reporting Any committee of the House of Representatives to which an approval bill is referred shall report it to the House without amendment not later than the third legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (B) Proceeding to consideration Not later than 3 legislative days after the approval bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the approval bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until the approval bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration If the motion to proceed is agreed to, the House shall immediately proceed to consider the approval bill in the House without intervening motion. The approval bill shall be considered as read. All points of order against the approval bill and against its consideration are waived. The previous question shall be considered as ordered on the approval bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the approval bill shall not be in order. (3) Consideration in the Senate (A) Committee action The appropriate committee of the Senate shall report without amendment the approval bill not later than the third session day after introduction. If a committee fails to report the approval bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the approval bill and it shall be placed on the appropriate calendar. (B) Motion to proceed Not later than 3 session days after the approval bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the approval bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the approval bill. (C) Consideration If a motion to proceed to the consideration of the approval bill is agreed to, the Senate shall immediately proceed to consideration of the approval bill without intervening motion, order, or other business, and the approval bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the approval bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the approval bill shall be limited to not more than 1 hour. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the approval bill is not in order. A motion to reconsider the vote by which the approval bill is agreed to or disagreed to is not in order. (4) Amendments prohibited No amendment to, or motion to strike a provision from, an approval bill considered under this section shall be in order in either the Senate or the House of Representatives. (5) Coordination with action by other House (A) In general If, before passing the approval bill, one House receives from the other a bill— (i) the approval bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no approval bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the approval bill of the receiving House. (B) Exception This paragraph shall not apply to the House of Representatives. (b) Limitation Subsection (a) shall apply only to an approval bill described in subsection (c) and introduced pursuant to subsection (a)(1). (c) Approval bill described For purposes of subsection (a), a bill described in this paragraph is a bill— (1) which consists of the proposed legislation which is included in such report to carry out the recommendations made by the Commission in the report; and (2) the title of which is as follows: A bill to carry out the recommendations of the Commission on Long Term Social Security Solvency. . (d) Extended time period If Congress adjourns at the end of a Congress and an approval bill was then pending in either House of Congress or a committee thereof, or an approval bill had not yet been introduced with respect to a special message, then within the first 3 days of session of the next Congress, the Commission shall transmit to Congress an additional special message containing all of the information in the previous, pending special message. An approval bill may be introduced within the first five days of session of such next Congress and shall be treated as an approval bill under this section, and the time periods described in paragraphs (2) and (3) of subsection (a) shall commence on the day of introduction of that approval bill.
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113-hr-4787
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I 113th CONGRESS 2d Session H. R. 4787 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Duffy introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Bank Holding Company Act of 1956 to reduce compliance burdens on certain banking entities.
1. Short title This Act may be cited as the Regional Financial Relief Act of 2014 . 2. Distinct and less burdensome requirements for certain banking entities Paragraph (1) of section 13(e) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851(e)(1) ) is amended by adding at the end the following: Such regulations shall include distinct requirements for banking entities with less than $50,000,000,000 in trading assets and liabilities that are less burdensome than the requirements for banking entities with $50,000,000,000 or more in trading assets and liabilities.
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113-hr-4788
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I 113th CONGRESS 2d Session H. R. 4788 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Duffy introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide regulatory relief for mid-sized financial institutions, and for other purposes.
1. Short title This Act may be cited as the Relief for America’s Main Street Lenders Act . 2. Amendments to the Commodity Exchange Act and the Securities Exchange Act of 1934 (a) Definition of financial entity Section 2(h)(7)(C)(ii) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(C)(ii) ) is amended— (1) by striking The Commission shall consider whether to exempt small banks, savings associations, farm credit system institutions, and credit unions, including— and inserting For purposes of this paragraph and solely with respect to an interest rate swap, the term financial entity shall not include— ; and (2) in subclauses (I) and (III), by striking $10,000,000,000 each place such term appears and inserting $50,000,000,000 . (b) Definition of financial entity Section 3C(g)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c–3(g)(3)(B) ) is amended— (1) by striking The Commission shall consider whether to exempt small banks, savings associations, farm credit system institutions, and credit unions, including— and inserting For purposes of this subsection and solely with respect to an interest rate security-based swap, the term financial entity shall not include— ; and (2) in clauses (i) and (iii) by striking $10,000,000,000 or less each place such term appears and inserting $50,000,000,000 or less . 3. Amendments to the Electronic Fund Transfer Act Section 920(g)(3) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–1(g)(3) ) is amended by inserting after the first instance of financial institution the following: except for an insured depository institution or credit union with total assets of $50,000,000,000 or less, . 4. Amendments to the Dodd-Frank Wall Street Reform and Consumer Protection Act Section 165(i)(2)(C)(iv) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365(i)(2)(C)(iv)) is amended by inserting after subject to this paragraph the following: with total assets of $50,000,000,000 or more .
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113-hr-4789
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I 113th CONGRESS 2d Session H. R. 4789 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Fincher 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 the deduction for State and local general sales taxes permanent.
1. Deduction for State and local general sales taxes made permanent (a) In general Section 164(b)(5) of the Internal Revenue Code of 1986 is amended by striking subparagraph (I). (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-4790
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I 113th CONGRESS 2d Session H. R. 4790 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Hastings of Florida (for himself and Mr. Denham ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to encourage and facilitate efforts by States and other transportation rights-of-way managers to adopt integrated vegetation management practices, including enhancing plantings of native forbs and grasses that provide habitats and forage for Monarch butterflies and other native pollinators and honey bees, and for other purposes.
1. Short title This Act may be cited as the Highways Bettering the Economy and Environment Pollinator Protection Act . 2. Findings Congress finds the following: (1) The roadside vegetation management practices of both State governments and the Federal Government aim to secure motorist safety, reduce the presence of noxious weeds, and stabilize the soil. (2) Federal and State highway departments are facing severe budget shortfalls. (3) Native forbs and grasses are less likely to encroach onto roads than invasive species, such as kudzu. (4) Integrated vegetation management practices will reduce the cost of maintaining roadside vegetation. (5) Native forbs and grasses are best adapted to local conditions and thus require less active management, reducing the need to replant, weed, and mow the areas adjacent to the road. (6) Pollinators, such as native bees, honey bees, birds, bats, Monarch butterflies, and other butterflies, are suffering drastic population loss due in part to loss of habitat and forage. (7) Pollinators are vital for American agriculture. Responsible for 1 out of every 3 bites of food we eat, a diverse pollinator population is necessary for maintaining the diversity of our plant life and food supply. (8) Studies have shown supporting native forbs and grasses along the roadside can be beneficial to the pollinator population by providing migratory corridors and habitat and forage connectivity and by helping such populations adapt to climate change. (9) Plantings of noninvasive, locally appropriate milkweed species can create migratory way stations for the endangered Monarch butterfly and to facilitate migrations of other pollinators. (10) Enhancing pollinator populations on rights-of-way can result in improved pollination services for neighboring lands, including agriculture and wildlife ecosystems. (11) Highway rights-of-way managed by States represent 17 million acres of pollinator habitat conservation opportunity, and similar opportunities and benefits exist on other transportation rights-of-way. 3. Administrative provisions to encourage pollinator habitat and forage on transportation rights-of-way (a) In general Section 319 of title 23, United States Code, is amended— (1) in subsection (a) by striking beauty adjacent and inserting beauty (including the enhancement of habitat and forage for pollinators) adjacent ; and (2) by adding at the end the following: (c) Encouragement of pollinator habitat and forage development and protection on transportation rights-of-Way In carrying out any program administered by the Secretary, the Secretary shall, in conjunction with willing States, as appropriate— (1) conduct or encourage integrated vegetation management practices on roadsides and other transportation rights-of-way, including reduced mowing; (2) enhance the development of habitat and forage for Monarch butterflies, other native pollinators, and honey bees through plantings of native forbs and grasses, including noninvasive, native milkweed species that can serve as migratory way stations for the endangered Monarch butterfly and to facilitate migrations of other pollinators. (3) encourage leveraging through partnerships and coordination with stakeholders in support of pollinators and plantings of native forbs and grasses, such as environmental groups, research institutions, other agencies, businesses, and community organizations; and (4) conduct or facilitate research and demonstration projects on the economic and environmental benefits and best practices for integrated vegetation management, reduced mowing, and plantings of native forbs and grasses for pollinator habitat, forage, and migratory way stations for Monarch butterflies and other migrating pollinators. . (b) Report Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall transmit to Congress a report that includes— (1) an analysis of current programs and authorities available to carry out section 319(c) of title 23, United States Code; (2) a summary of programs and authorities being used to implement such section; (3) an assessment of actions being taken by willing State transportation departments and other managers of transportation rights-of-way to implement integrated vegetation management practices, reduce mowing, and enhance habitat and forage for Monarch butterflies, other native pollinators, and honey bees through plantings of native forbs and grasses and migratory way stations for Monarch butterflies and other migrating pollinators; and (4) any recommendations for further action. 4. Provision of habitat, forage, and migratory way stations for monarch butterflies, other native pollinators, and honey bees Section 329(a)(1) of title 23, United States Code, is amended by inserting provision of habitat, forage, and migratory way stations for Monarch butterflies, other native pollinators, and honey bees, before and aesthetic enhancement .
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113-hr-4791
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I 113th CONGRESS 2d Session H. R. 4791 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mrs. Carolyn B. Maloney of New York introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend section 1333 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 to ensure that multifamily housing mortgage purchases by Fannie Mae and Freddie Mac that are credited toward fulfillment of such enterprises multifamily special affordable housing goal increase or preserve the number of dwelling units affordable to low-income families.
1. Short title This Act may be cited as the Responsible GSE Affordable Housing Investment Act of 2014 . 2. Compliance with multifamily special affordable housing goal (a) In general Subsection (d) of section 1333 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4563 ) is amended— (1) by striking the subsection designation and all that follows through The Director and inserting the following: (d) Determination of compliance (1) In general The Director ; and (2) by adding at the end the following new paragraph: (2) Reduction of credit for conversion to non-affordable units The Director shall, by regulation, establish standards for the multifamily special affordable housing goal under this section that proportionately reduce the number of units receiving credit for any mortgage purchase by an enterprise that facilitates the conversion of dwelling units that, at the time of such purchase, are available for rental at rates that are affordable to low-income families to dwelling units that would not be affordable to low-income families. Such regulations shall consider and include the following factors: (A) Limitation based on project debt Credit shall not be provided toward the achievement of such goal for any mortgage purchase for multifamily housing that involves an aggregate amount of project debt that is not reasonable, as determined in accordance with prudent underwriting standards established by the Director, in proportion to project income, as documented in accordance with the standards established under this subsection. (B) Treatment of securities In the case of any purchase by an enterprise of a security, or an interest in a security, that is backed by mortgages that finance units that would otherwise qualify for credit toward the achievement of the multifamily special affordable housing goal if financed directly by the enterprise, if the Director determines that such purchase may be counted toward the achievement of the goal under this section, the Director shall require the enterprise to apply the same standard as set forth in subparagraph (A) with respect to mortgage purchases to the mortgages backing such security to determine whether the units financed by such mortgages are eligible for credit toward the achievement of the housing goal. (C) Rent levels In measuring the performance of each enterprise in meeting the goal established under this section, rent levels for units shall be calculated by using the greater of the rent levels at the time the loan is purchased or the rent levels under the pro forma operating income statement on which the underwriting for the loan was based. (D) Carryover If the Director provides credit toward the achievement of the multifamily special affordable housing goal under this section, for any year, for any mortgage purchase by an enterprise, but determines at any time thereafter that, because of failure to comply with the standards established under subparagraphs (A) and (B), such purchase does not qualify for such credit or does not qualify for such credit to the extent previously provided, the Director shall increase the multifamily special housing goal for such enterprise for the current or ensuing year otherwise applicable to the extent of such nonqualification. . (b) Regulations The Director of the Federal Housing Finance Agency shall issue regulations required under paragraph (2) of section 1333(d) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as added by subsection (a) of this section, not later than the expiration of the 180-day period beginning upon the date of the enactment of this Act.
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113-hr-4792
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I 113th CONGRESS 2d Session H. R. 4792 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Meadows (for himself, Mrs. Blackburn , Mr. Duncan of South Carolina , Mr. Gohmert , Mr. Hensarling , Mrs. Ellmers , Mr. Farenthold , Mr. Stutzman , Mrs. Lummis , Mr. Huelskamp , Ms. Jenkins , Mr. Collins of Georgia , Mr. Price of Georgia , Mr. Sessions , Mr. Schweikert , Mr. Gingrey of Georgia , Mr. Wilson of South Carolina , Mr. Fincher , Mr. Lamborn , Mr. Westmoreland , Mr. DesJarlais , Mr. Bishop of Utah , Mrs. Black , Mr. Carter , Mr. Brady of Texas , Mr. Barr , Mr. Ross , Mr. Chabot , Mr. Womack , Mr. Gowdy , Mr. Crawford , Mr. Pearce , Mr. Coble , Mr. King of Iowa , Mr. Pompeo , Mr. Fleischmann , Mr. Perry , Mr. Scalise , Mrs. Bachmann , Mr. Bentivolio , Mr. DeSantis , Mr. Marchant , Mr. Stockman , Mr. Boustany , Mr. Nugent , Mr. Sensenbrenner , and Mr. Jordan ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide that agencies may not deduct labor organization dues from the pay of Federal employees, and for other purposes.
1. Short title This Act may be cited as the Empower Employees Act . 2. Labor organization dues not deductible from pay (a) In general Chapter 71 of title 5, United States Code, is amended by striking section 7115 and inserting the following: 7115. Labor organization dues not deductible from pay (a) In general An agency may not deduct any amount from the pay of an employee for the dues of a labor organization. (b) Restriction Appropriated funds may not be used to pay an employee who makes deductions described in subsection (a). (c) Definition For purposes of this section, the term agency means— (1) an Executive agency (as defined in section 105), the United States Postal Service, and the Postal Regulatory Commission; (2) an office, agency, or other establishment in the legislative branch; (3) an office, agency, or other establishment in the judicial branch; and (4) the government of the District of Columbia. . (b) Postal Service amendment Section 1205 of title 39, United States Code, is repealed. (c) Clerical amendment The table of sections at the beginning of chapter 71 of title 5, United States Code, is amended by striking the item relating to section 7115 and inserting the following: 7115. Labor organization dues not deductible from pay. . 3. Effective dates; transition provisions (a) Effective date The amendments made by this Act shall take effect on the date of enactment of this Act. (b) Transition provisions (1) Current deductions for dues of an exclusive representative Nothing in this Act shall, in the case of an assignment received before the date of enactment of this Act under subsection (a) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such assignment before— (A) the date on which such assignment is revoked, in accordance with the last sentence of such subsection (a) (as last in effect before such date of enactment); or (B) if earlier, the date determined under paragraph (1) or (2) of subsection (b) of such section 7115 (as last in effect before such date of enactment). (2) Current deductions for dues of other labor organizations Nothing in this Act shall, in the case of a voluntary allotment made before the date of enactment of this Act under subsection (c) of section 7115 of title 5, United States Code (as then in effect), cause the termination of such allotment before the date on which the underlying agreement (under authority of which such allotment is being made) ceases to have effect, whether by reason of section 7115(c)(2)(B) of such title 5 (as last in effect before such date of enactment) or otherwise. (3) Current deductions for dues of a labor organization from Postal Service employees Nothing in this Act shall, in the case of a written assignment received before the date of enactment of this Act under section 1205 of title 39, United States Code (as then in effect), cause the termination of such assignment before the date on which such assignment— (A) is revoked in accordance with such section (as last in effect before such date of enactment); or (B) otherwise expires. (c) Nonrenewability (1) In general An agreement between an agency and a labor organization, entered into before the date of enactment of this Act under subsection (a) or (c) of section 7115 of such title 5 (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such labor organization, be subject to renewal or extension. (2) Postal Service A written assignment received by the United States Postal Service under section 1205 of title 39, United States Code (as then in effect) or an agreement between the United States Postal Service and any organization of employees in effect pursuant to 1205(b) of such title (as then in effect), shall not, to the extent that it relates to deductions for the payment of dues of such organization, be subject to renewal or extension. (d) Definitions For purposes of this section, the terms agency , exclusive representative , and labor organization have the respective meanings given such terms in section 7103 of title 5, United States Code.
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113-hr-4793
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I 113th CONGRESS 2d Session H. R. 4793 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Murphy of Florida (for himself and Mr. Messer ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to include the cost of applying to an institution of higher learning as part of the benefits provided under the Post-9/11 Educational Assistance Program.
1. Short title This Act may be cited as the Reducing Barriers for Veterans Education Act of 2014 . 2. Costs of applying to institution of higher learning (a) In general Chapter 33 of title 38, United States Code, is amended by inserting after section 3315A the following new section: 3315B. Costs of applying to institution of higher learning (a) In general An individual entitled to educational assistance under this chapter shall also be entitled to educational assistance for the application fee required to apply to an approved program of education at an institution of higher learning. (b) Amount The total amount of educational assistance payable under this chapter to an individual for applications described in subsection (a) is the lesser of— (1) the total application fees charged to the individual by the institutions of higher learning; or (2) $750. (c) Charge against entitlement The number of months (and any fraction thereof) of entitlement charged an individual under this chapter for an application described in subsection (a) shall be determined at the rate of one month for each amount that equals the amount determined under section 3315A(c)(2) of this title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3315A the following new item: 3315B. Costs of applying to institution of higher learning. .
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113-hr-4794
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I 113th CONGRESS 2d Session H. R. 4794 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To prohibit the National Science Foundation from providing financial support for travel to Antarctica by writers and artists.
1. Prohibition The National Science Foundation may not provide financial support for travel to Antarctica by writers and artists.
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113-hr-4795
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I 113th CONGRESS 2d Session H. R. 4795 IN THE HOUSE OF REPRESENTATIVES May 30, 2014 Mr. Scalise (for himself, Mr. Kinzinger of Illinois , Mr. McKinley , Mr. Olson , Mr. Barton , Mr. Whitfield , Mr. Hall , Mr. Cassidy , Mr. Latta , Mr. Pitts , Mr. Pompeo , and Mr. Bilirakis ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To promote new manufacturing in the United States by providing for greater transparency and timeliness in obtaining necessary permits, and for other purposes.
1. Short title This Act may be cited as the Promoting New Manufacturing Act . 2. Building and Manufacturing Projects Dashboard (a) In general The Administrator shall, with respect to fiscal year 2008 and each subsequent fiscal year, publish in a readily accessible location on the Environmental Protection Agency’s public Website the Agency’s estimate of the following: (1) The total number of preconstruction permits issued during the fiscal year. (2) The percentage of such preconstruction permits issued within one year after the date of filing of a completed application. (3) The average length of time for the Agency’s Environmental Appeals Board to issue a final decision on petitions appealing decisions to grant or deny a preconstruction permit application. (b) Initial publication; updates The Administrator shall— (1) make the publication required by subsection (a) for fiscal years 2008 through 2013 not later than 60 days after the date of enactment of this Act; and (2) update such publication not less than annually. (c) Sources of information In carrying out this section: (1) With respect to information to be published for fiscal years 2008 through 2013, the Environmental Protection Agency’s estimates shall be based on information that is in the Agency’s possession as of the date of enactment of this Act, including information in the RACT/BACT/LAER Clearinghouse database. (2) With respect to information to be published for any fiscal year, nothing in the section compels the Environmental Protection Agency to seek or collect any information in addition to the information that is voluntarily provided by States and local air agencies for the RACT/BACT/LAER Clearinghouse database. 3. Timely issuance of regulations and guidance to address new or revised national ambient air quality standards in preconstruction permitting (a) In general In publishing any final rule establishing or revising a national ambient air quality standard, the Administrator shall, as the Administrator determines necessary and appropriate to assist States, permitting authorities, and permit applicants, concurrently publish regulations and guidance for implementing the standard, including information relating to submission and consideration of a preconstruction permit application under the new or revised standard. (b) Applicability of standard to preconstruction permitting If the Administrator fails to publish final regulations and guidance that include information relating to submission and consideration of a preconstruction permit application under a new or revised national ambient air quality standard concurrently with such standard, then such standard shall not apply to the review and disposition of a preconstruction permit application until the Agency has published such final regulations and guidance. (c) Rules of construction (1) After publishing regulations and guidance for implementing national ambient air quality standards under subsection (a), nothing in this section shall preclude the Environmental Protection Agency from issuing subsequent regulations or guidance to assist States and facilities in implementing such standards. (2) Nothing in this section shall be construed to eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emissions rate technology, as applicable. 4. Report to Congress on actions to expedite review of preconstruction permits (a) In general Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report— (1) identifying the activities being undertaken by the Environmental Protection Agency to increase the efficiency of the preconstruction permitting process; (2) identifying the specific reasons for delays in issuing— (A) preconstruction permits required under part C of the Clean Air Act ( 42 U.S.C. 7470 et seq. ) beyond the one-year statutory deadline mandated by section 165(c) of the Clean Air Act ( 42 U.S.C. 7475(c) ); or (B) preconstruction permits required under part D of the Clean Air Act ( 42 U.S.C. 7501 et seq. ) beyond the one-year period beginning on the date on which the permit application is determined to be complete; (3) describing how the Agency is resolving delays in making completeness determinations for preconstruction permit applications; (4) describing how the Agency is resolving processing delays for preconstruction permits, including any increases in communication with State and local permitting authorities; and (5) summarizing and responding to public comments concerning the report received under subsection (b). (b) Public comment Before submitting each report required by subsection (a), the Administrator shall publish a draft report on the Website of the Environmental Protection Agency and provide the public with a period of at least 30 days to submit comments on the draft report. (c) Sources of information Nothing in this section compels the Environmental Protection Agency to seek or collect any information in addition to the information that is voluntarily provided by States and local air agencies for the RACT/BACT/LAER Clearinghouse database. 5. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Best available control technology The term best available control technology has the meaning given to that term in section 169(3) of the Clean Air Act ( 42 U.S.C. 7479(3) ). (3) Lowest achievable emissions rate The term lowest achievable emissions rate has the meaning given to that term in section 171(3) of the Clean Air Act ( 42 U.S.C. 7501(3) ). (4) Major emitting facility; major stationary source The terms major emitting facility and major stationary source have the meaning given to those terms in section 302(j) of the Clean Air Act ( 42 U.S.C. 7602(j) ). (5) National ambient air quality standard The term national ambient air quality standard means a national ambient air quality standard for an air pollutant under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) that is finalized on or after the date of enactment of this Act. (6) Preconstruction permit The term preconstruction permit — (A) means a permit that is required under part C or D of title I of the Clean Air Act (42 U.S.C. 7470 et seq.) for the construction or modification of a major emitting facility or major stationary source; and (B) includes any such permit issued by the Environmental Protection Agency or a State, local, or tribal permitting authority. (7) RACT/BACT/LAER Clearinghouse database The term RACT/BACT/LAER Clearinghouse database means the central database of air pollution technology information that is posted on the Environmental Protection Agency’s Website.
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113-hr-4796
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I 113th CONGRESS 2d Session H. R. 4796 IN THE HOUSE OF REPRESENTATIVES June 2, 2014 Ms. Jackson Lee (for herself, Ms. Clarke of New York , Ms. Brown of Florida , Mr. Clay , Mr. Rangel , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Health and Human Services to conduct outreach efforts to provide certain health insurance information to individuals enrolled in qualified health plans offered through an Exchange established under title I of the Patient Protection and Affordable Care Act or State plans under the Medicaid program under title XIX of the Social Security Act, and for other purposes.
1. Short title This Act may be cited as the Keeping Well by Using Your Patient Protection and Affordable Care Act Plan . 2. Outreach to certain individuals on certain health insurance information (a) In general Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct outreach efforts to provide, using the most effective means (as determined by the Secretary), the health insurance information described in subsection (b) to— (1) individuals enrolled in qualified health plans offered through an Exchange established under title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ); and (2) individuals enrolled in State plans (or under a waiver of such a plan) under the Medicaid program under title XIX of the Social Security Act. (b) Information described For purposes of subsection (a), the information described in this subsection is any information, the availability of which the Secretary of Health and Human Services determines will encourage the utilization of primary care or preventive services by the individuals described in such subsection, including the following: (1) Information on the extent to which the essential health benefits specified in section 1302(b)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b)(1) ) are provided by a plan described in subsection (a). (2) Information on which preventive health services are covered under such a plan without the application of any cost-sharing (such as a copayment or coinsurance), including screenings for certain conditions such as diabetes and high blood pressure, vaccinations for adults against influenza, measles, mumps, rubella, and other infectious diseases, and well-woman visits. (3) With respect to qualified health plans described in subsection (a)(1), the following information presented in a manner that allows for comparison of plans within each State: (A) Information on the rates of reimbursement recognized under each such qualified health plan with respect to items and services (as specified by the Secretary) that are furnished to individuals enrolled in such plan by health care providers participating in the network of the plan, such as rates of reimbursement applicable to emergency care services, laboratory tests, diagnostic tests, and physician services. (B) Information on any cost-sharing required under each such plan with respect to such items and services furnished to such individuals by such providers and an explanation on the extent to which such cost-sharing is based on such recognized rates of reimbursement. (C) A statement that— (i) the rates of reimbursement that are collectable by health care providers not participating in the network of such a plan for furnishing such items and services to such individuals may be more than the rates of reimbursement recognized under such plan for such items and services furnished to such individuals by health care providers participating in the network of such plan; and (ii) any cost-sharing required under such a plan with respect to such items and services furnished to such individuals by health care providers not participating in the network of such plan may be more than such cost-sharing with respect to such items and services furnished to such individuals by health care providers participating in the network of such plan. (4) An explanation of basic health insurance terms (as determined by the Secretary), including deductibles, cost-sharing, copayment, and coinsurance, and the application of such terms to an individual enrolled in a plan described in subsection (a), illustrated with examples of the application of such terms with respect to such individuals under different circumstances and in different health care settings. (c) Report on out-of-Pocket costs Not later than 180 days after the date of the enactment of this Act, with respect to the most recent plan year for which information is available, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that— (1) contains information, for each State (including the District of Columbia), on the median cost-sharing responsibility, with respect to qualified health plans offered through an Exchange in such State, of health care services— (A) the number of which and types of which are determined appropriate by the Secretary to be included in the report; and (B) that have been identified by the Secretary as services— (i) for which, with respect to such plan year, payment may only be made under such a plan after satisfaction of the deductible applicable under such plan; and (ii) for which reimbursement under such plan is made most frequently during such plan year; and (2) describes the best method for making the information referred to in paragraph (1) available to the public.
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113-hr-4797
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I 113th CONGRESS 2d Session H. R. 4797 IN THE HOUSE OF REPRESENTATIVES June 2, 2014 Mr. Duncan of South Carolina (for himself, Mr. Bucshon , Mr. Mulvaney , Mr. Cramer , Mr. Jones , Mr. Rokita , Mr. Johnson of Ohio , and Mrs. Black ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To update avian protection laws in order to support an all-of-the-above domestic energy strategy, and for other purposes.
1. Short title This Act may be cited as the Clarification of Legal Enforcement Against Non-criminal Energy Producers Act of 2014 or the CLEAN Energy Producers Act of 2014 . 2. Findings The Congress finds the following: (1) The Migratory Bird Treaty Act (MBTA) was enacted in 1918 to protect the migratory bird population from overhunting and poaching and has not been updated to reflect the societal changes that have occurred in our Nation over the last 95 years. (2) Anyone involved in an otherwise legal activity may be subject to criminal liability for the unintentional death of any one of over 1,000 species of birds protected under the MBTA. (3) The Act of June 8, 1940 (chapter 278; 16 U.S.C. 668 ), popularly known as the Bald and Golden Eagle Protection Act (BGEPA), was first enacted in 1940 to protect the dwindling population of bald eagles and amended in 1962 to cover golden eagles in order to provide additional protective measures for bald eagles and for other purposes. (4) The BGEPA includes a program for the Federal Government to issue permits in order to protect companies from legal liability if eagles are unintentionally injured or killed, but the Federal Government has failed to issue permits issued under the program. (5) Among other goals, the BGEPA’s permit program was established to assure the protection of interests fundamental to the basic operation of our society like agriculture and energy infrastructure development and maintenance. (6) The BGEPA was successful in helping the overall eagle population recover, leading to bald eagles being removed from the list of threatened and endangered species in 2007. (7) There are differing legal and judicial interpretations regarding the scope of criminality in those statutes. (8) It appears criminal prosecution under those statutes has been subjective, selective, and not applied uniformly and fairly across all sectors of society. (9) Those statutes need to be updated to reflect significant changes in our Nation over the last half century, including the urbanization of rural areas and how domestic energy is produced, transmitted, and distributed. (10) Protecting the avian population and its habitat is important. (11) Federal enforcement actions should be appropriate, uniform, nondiscriminatory, and just. 3. Permits for incidental take Section 1 of the Act of June 8, 1940 (chapter 278; 16 U.S.C. 668 ), popularly known as the Bald and Golden Eagle Protection Act, is amended by adding at the end the following: (d) Permits for incidental take Upon submission of a substantially completed application, the Secretary shall issue or deny an eagle take permit for no less than 30 years under section 22.26 of title 50, Code of Federal Regulations, that authorizes taking of any bald eagle or golden eagle that is incidental to, but not the purpose of, an otherwise lawful activity. Failure to issue or deny such a permit within a reasonable time (which shall not exceed one year) is deemed issuance of such permit, and the applicant shall not be subject to liability for any incidental take of a bald eagle or golden eagle that is in conformity with the information submitted to the Secretary as part of the application for the permit. . 4. Migratory Bird Treaty Act Section 6(a) of the Migratory Bird Treaty Act ( 16 U.S.C. 707(a) ) is amended— (1) by striking shall the first and second place it appears and inserting shall with intent knowingly ; and (2) by adding at the end the following: For the purposes of this subsection, with intent knowingly does not include any taking, killing, or other harm to any migratory bird that is accidental or incidental to the presence or operation of an otherwise lawful activity. .
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113-hr-4798
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I 113th CONGRESS 2d Session H. R. 4798 IN THE HOUSE OF REPRESENTATIVES June 2, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Secretary of Health and Human Services to award grants for Alzheimer’s disease research.
1. Short title This Act may be cited as the United States-Israel Alzheimer’s Disease Cooperation Act . 2. Findings The Congress finds the following: (1) It is in the highest national interests of the United States to further research into Alzheimer’s disease. (2) The State of Israel is a steadfast ally of the United States. (3) The special relationship between the United States and Israel is manifested in a variety of cooperative scientific research and development programs, such as— (A) the United States-Israel Binational Science Foundation; (B) the United States-Israel Binational Industrial Research and Development Foundation; and (C) the United States-Israel Energy Cooperation Act. (4) Those programs have made possible many scientific, technological, and commercial breakthroughs in fields including the life sciences, medicine, bioengineering, agriculture, biotechnology, communications, and energy development. (5) Israeli scientists are at the forefront of research and development in the field of Alzheimer’s disease. (6) Enhanced cooperation between the United States and Israel for the purpose of research in Alzheimer’s disease would be in the national interests of both countries. 3. Grants for Alzheimer’s disease research (a) Grant program (1) Establishment The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish a program of awarding grants to support research on the development and commercialization of applicable tools, treatments, and cures for Alzheimer's disease and other dementias. (2) Eligible projects To be eligible for funding under this section, a project shall— (A) be designed to further research described in paragraph (1); and (B) be a joint venture between— (i) (I) a for-profit business entity, academic institution, National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), or nonprofit entity in the United States; and (II) a for-profit business entity, academic institution, or nonprofit entity in Israel; or (ii) (I) the Federal Government; and (II) the Government of Israel. (3) Applications To seek a grant under this section, an applicant shall submit to the Secretary an application in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (4). (4) Advisory board (A) Establishment The Secretary shall establish an advisory board— (i) to monitor the method by which grants are awarded under this section; and (ii) to provide to the Secretary periodic performance reviews of actions taken to carry out this section. (B) Composition The advisory board established under subparagraph (A) shall be composed of 3 members, to be appointed by the Secretary, of whom— (i) 1 shall be a representative of the Federal Government; (ii) 1 shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and (iii) 1 shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation. (5) Contributed funds Notwithstanding section 3302 of title 31, United States Code, the Secretary may accept, retain, and use funds contributed by any person, government entity, or organization for purposes of carrying out this section— (A) without further appropriation; and (B) without fiscal year limitation. (6) Report Not later than 180 days after the date of completion of a project for which a grant is provided under this section, the grant recipient shall submit to the Secretary a report that contains— (A) a description of the method by which the recipient used the grant funds; and (B) an evaluation of the level of success of each project funded by the grant. (7) Classification Grants shall be awarded under this section only for projects that are considered to be unclassified by both the United States and Israel. (b) Termination The grant program and the advisory committee established under this section terminate on the date that is 7 years after the date of enactment of this Act. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,000,000 for the period of fiscal years 2015 through 2021. Any amounts appropriated pursuant to this subsection shall be in addition to amounts accepted, retained, and used pursuant to subsection (a)(5).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4798ih/xml/BILLS-113hr4798ih.xml
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113-hr-4799
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I 113th CONGRESS 2d Session H. R. 4799 IN THE HOUSE OF REPRESENTATIVES June 2, 2014 Mr. Olson (for himself, Mr. Pompeo , Mr. Sessions , Mr. Burgess , Mr. Long , and Mr. Conaway ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to give States adequate time to revise their State implementation plans to prevent emissions activity within such States from contributing significantly to nonattainment in, or interfering with maintenance by, any other State with respect to any national ambient air quality standard, and for other purposes.
1. Short title This Act may be cited as the Clean Air Fairness Act of 2014 . 2. Giving States adequate time To revise SIPs To address interstate transport of air emissions (a) Amendment to the Clean Air Act Section 110(a) of the Clean Air Act ( 42 U.S.C. 7410(a) ) is amended by adding at the end the following: (7) Notwithstanding the 2-year period for promulgating a Federal implementation plan described in subsection (c)(1), the Administrator shall not promulgate a Federal implementation plan, and a State shall not be subject to any penalty under this Act, for failure of its State implementation plan to meet the requirements of paragraph (2)(D)(i)(I) unless and until— (A) the Administrator, after providing notice and an opportunity for comment, promulgates a final rule identifying the emissions reductions necessary to meet such requirements; and (B) the Administrator provides such State with at least 2 years from the date of promulgation of such final rule to revise its State implementation plan to provide for such emissions reductions. . (b) Cross-State Air Pollution Rule (1) In general Notwithstanding the 2-year period for promulgating a Federal implementation plan described in section 110(c)(1) of the Clean Air Act ( 42 U.S.C. 7410(c)(1) ), the Administrator of the Environmental Protection Agency shall not promulgate, implement, or enforce a Federal implementation plan, and a State shall not be subject to any penalty under such Act, for failure of its State implementation plan to meet the State’s obligations under section 110(a)(2)(D)(i)(I) of such Act ( 42 U.S.C. 7410(a)(2)(D)(i)(I) ) set forth in CSAPR unless and until— (A) the Administrator, after taking into consideration the Supreme Court’s decision in Environmental Protection Agency et al. v. EME Homer City Generation, L.P., et al., 134 S. Ct. 1584 (2014), publishes a final notice in the Federal Register indicating the Administrator’s intent to implement and enforce such obligations; and (B) the Administrator provides such State with at least 2 years from the date of such publication to revise its State implementation plan to address such obligations. (2) CSAPR definition In this subsection, the term CSAPR means the rule entitled Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals published at 76 Fed. Reg. 48208 (August 8, 2011) and any subsequent revisions to such rule.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4799ih/xml/BILLS-113hr4799ih.xml
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113-hr-4800
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IB Union Calendar No. 347 113th CONGRESS 2d Session H. R. 4800 [Report No. 113–468] IN THE HOUSE OF REPRESENTATIVES June 4, 2014 Mr. Aderholt , 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 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs 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 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for fiscal year ending September 30, 2015, and for other purposes, namely: I AGRICULTURAL PROGRAMS Production, Processing, and Marketing Office of the Secretary (including transfers of funds) For necessary expenses of the Office of the Secretary, $41,284,000, of which not to exceed $5,051,000 shall be available for the immediate Office of the Secretary; not to exceed $498,000 shall be available for the Office of Tribal Relations; not to exceed $1,507,000 shall be available for the Office of Homeland Security and Emergency Coordination; not to exceed $1,209,000 shall be available for the Office of Advocacy and Outreach; not to exceed $26,115,000 shall be available for the Office of the Assistant Secretary for Administration, of which $22,811,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department; not to exceed $3,869,000 shall be available for the Office of the Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $5,535,000 shall be available for the Office of Communications: Provided , That the Secretary of Agriculture 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: Provided further , That not to exceed $11,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further , That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551––558: Provided further , That funds made available under this heading for the Office of the Assistant Secretary for Congressional Relations may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further , That no funds made available under this heading for the Office of the Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency. Executive Operations Office of the chief economist For necessary expenses of the Office of the Chief Economist, $16,777,000, of which $4,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155. National appeals division For necessary expenses of the National Appeals Division, $13,317,000. Office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, $9,392,000. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, $45,025,000, of which not less than $22,000,000 is for cybersecurity requirements of the Department. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, $6,028,000. Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $898,000. Office of civil rights For necessary expenses of the Office of Civil Rights, $24,070,000. Agriculture buildings and facilities For payment of space rental and related costs pursuant to Public Law 92–313 , including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 121 , for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $54,825,000, to remain available until expended, for building operations and maintenance expenses: Provided , That the Secretary may use unobligated prior year balances of an agency or office that are no longer available for new obligation to cover shortfalls incurred in prior year rental payments for such agency or office. Hazardous materials management (including transfers of funds) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ) and the Resource Conservation and Recovery Act ( 42 U.S.C. 6901 et seq. ), $3,600,000, to remain available until expended: Provided , That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Office of inspector general For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $97,020,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–98 . Office of the general counsel For necessary expenses of the Office of the General Counsel, $44,383,000. Office of Ethics For necessary expenses of the Office of Ethics, $3,440,000. Office of the under secretary for research, education, and economics For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $898,000. Economic research service For necessary expenses of the Economic Research Service, $85,784,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $169,371,000, of which up to $47,842,000 shall be available until expended for the Census of Agriculture: Provided , That amounts made available for the Census of Agriculture may be used to conduct Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f). Agricultural research service salaries and expenses For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,120,253,000: Provided , That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further , That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $375,000, except for headhouses or greenhouses which shall each be limited to $1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $375,000, whichever is greater: Provided further , That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further , That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further , That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 ( 21 U.S.C. 113a ): Provided further , That appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further , That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law. Buildings and facilities For the acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $155,000,000 to remain available until expended. National institute of food and agriculture Research and education activities For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $774,465,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Research and Education Activities in the report accompanying this Act: Provided , That funds for research grants for 1994 institutions, education grants for 1890 institutions, the agriculture and food research initiative, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further , That each institution eligible to receive funds under the Evans–Allen program receives no less than $1,000,000: Provided further , That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii: Provided further , That funds for education grants for 1890 institutions shall be made available to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222: Provided further , That not more than 5 percent of the amounts made available by this or any other Act to carry out the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be retained by the Secretary of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority. Native american institutions endowment fund For the Native American Institutions Endowment Fund authorized by Public Law 103–382 ( 7 U.S.C. 301 note), $11,880,000, to remain available until expended. Extension activities For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $467,339,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Extension Activities in the report accompanying this Act: Provided , That funds for facility improvements at 1890 institutions shall remain available until expended: Provided further , That institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative extension receive no less than $1,000,000: Provided further , That funds for cooperative extension under sections 3(b) and (c) of the Smith–Lever Act ( 7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93–471 shall be available for retirement and employees' compensation costs for extension agents. integrated activities For the integrated research, education, and extension grants programs, including necessary administrative expenses, $32,000,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Integrated Activities in the report accompanying this Act: Provided , That funds for the Food and Agriculture Defense Initiative shall remain available until September 30, 2016. Office of the under secretary for marketing and regulatory programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $898,000. Animal and plant health inspection service salaries and expenses (including transfers of funds) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 4085 ), $867,505,000, of which $470,000, to remain available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds (contingency fund) to the extent necessary to meet emergency conditions; of which $11,520,000, to remain available until expended, shall be used for the cotton pests program for cost share purposes or for debt retirement for active eradication zones; of which $35,339,000, to remain available until expended, shall be for Animal Health Technical Services; of which $697,000 shall be for activities under the authority of the Horse Protection Act of 1970, as amended ( 15 U.S.C. 1831 ); of which $52,340,000, to remain available until expended, shall be used to support avian health; of which $4,251,000, to remain available until expended, shall be for information technology infrastructure; of which $156,500,000, to remain available until expended, shall be for specialty crop pests; of which, $8,826,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of which $47,417,000, to remain available until expended, shall be for tree and wood pests; of which $4,222,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $1,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided , That of amounts available under this heading for wildlife services methods development, $1,000,000 shall remain available until expended: Provided further , That of amounts available under this heading for the screwworm program, $4,990,000 shall remain available until expended: Provided further , That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further , That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further , That in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further , That appropriations hereunder shall be available pursuant to law ( 7 U.S.C. 2250 ) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2015, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. Buildings and facilities For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250 , and acquisition of land as authorized by 7 U.S.C. 428a , $3,175,000, to remain available until expended. Agricultural marketing service Marketing services For necessary expenses of the Agricultural Marketing Service, $81,192,000: Provided , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law ( 31 U.S.C. 9701 ). Limitation on administrative expenses Not to exceed $60,709,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided , That if crop size is understated or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in this Act; and (3) not more than $20,056,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961. Payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1623(b) ), $1,235,000. Grain inspection, packers and stockyards administration salaries and expenses For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $43,722,000: Provided , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Limitation on inspection and weighing services expenses Not to exceed $50,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided , That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $816,000. Food safety and inspection service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $1,005,189,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 ( 7 U.S.C. 138f ): Provided , That funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided further , That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2015 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act: Provided further , That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Office of the under secretary for farm and foreign agricultural services For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $898,000. Farm service agency Salaries and expenses (including transfers of funds) For necessary expenses of the Farm Service Agency, $1,205,068,000: Provided , That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further , That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further , That funds made available to county committees shall remain available until expended. State mediation grants For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended ( 7 U.S.C. 5101–5106 ), $3,404,000. Grassroots source water protection program For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 ), $2,500,000, to remain available until expended. Dairy indemnity program (including transfer of funds) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided , That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 ( Public Law 106–387 , 114 Stat. 1549A–12). Agricultural credit insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed farm ownership ( 7 U.S.C. 1922 et seq. ) and operating ( 7 U.S.C. 1941 et seq. ) loans, emergency loans ( 7 U.S.C. 1961 et seq. ), Indian tribe land acquisition loans ( 25 U.S.C. 488 ), boll weevil loans ( 7 U.S.C. 1989 ), guaranteed conservation loans ( 7 U.S.C. 1924 et seq. ), and Indian highly fractionated land loans ( 25 U.S.C. 488 ) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $2,000,000,000 for guaranteed farm ownership loans and $1,500,000,000 for farm ownership direct loans; $1,393,443,000 for unsubsidized guaranteed operating loans and $1,252,004,000 for direct operating loans; emergency loans, $34,667,000; Indian tribe land acquisition loans, $2,000,000; guaranteed conservation loans, $150,000,000; Indian highly fractionated land loans, $10,000,000; and for boll weevil eradication program loans, $60,000,000: Provided , That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm operating loans, $63,101,000 for direct operating loans, $14,770,000 for unsubsidized guaranteed operating loans, and emergency loans, $856,000, to remain available until expended. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $314,918,000, of which $306,998,000 shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses . Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided , That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer. risk management agency salaries and expenses For necessary expenses of the Risk Management Agency, $77,094,000: Provided , That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i) . Corporations The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal crop insurance corporation fund For payments as authorized by section 516 of the Federal Crop Insurance Act ( 7 U.S.C. 1516 ), such sums as may be necessary, to remain available until expended. Commodity credit corporation fund Reimbursement for net realized losses (including transfers of funds) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 ( 15 U.S.C. 713a–11 ): Provided , That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business. Hazardous waste management (limitation on expenses) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607(g) ), and section 6001 of the Resource Conservation and Recovery Act ( 42 U.S.C. 6961 ). II Conservation programs Office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $898,000. Natural resources conservation service Conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 ( 7 U.S.C. 428a ); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $843,053,000, to remain available until September 30, 2016: Provided , That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further , That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a. Watershed rehabilitation program Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $25,000,000 is provided. III Rural Development Programs Office of the Under Secretary for Rural Development For necessary expenses of the Office of the Under Secretary for Rural Development, $898,000. Rural development salaries and expenses (including transfers of funds) For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $224,201,000: Provided , That no less than $15,000,000 shall be for the Comprehensive Loan Accounting System: 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 Rural Development mission area: Provided further , That any balances available from prior years for the Rural Utilities Service, Rural Housing Service, and the Rural Business–Cooperative Service salaries and expenses accounts shall be transferred to and merged with this appropriation. Rural Housing Service Rural housing insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,042,276,000 shall be for direct loans and $24,000,000,000 shall be for unsubsidized guaranteed loans; $26,372,000 for section 504 housing repair loans; $28,398,000 for section 515 rental housing; $150,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $76,920,000 shall be for direct loans; section 504 housing repair loans, $3,700,000; and repair, rehabilitation, and new construction of section 515 rental housing, $9,800,000: Provided , That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), and the interest on such loans may not be subsidized: Provided further , That of the amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2015. In addition, for the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $15,936,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided , That any balances available for the Farm Labor Program Account shall be transferred to and merged with this account. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $415,100,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . Rental assistance program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,088,500,000; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided , That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a 1-year period: Provided further , That rental assistance contracts will not be renewed within the 12-month contract period: Provided further, That any unexpended balances remaining at the end of such 1-year agreements may be transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further , That rental assistance provided under agreements entered into prior to fiscal year 2015 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further , That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act. Multi-family housing revitalization program account For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $28,000,000, to remain available until expended: Provided , That of the funds made available under this heading, $8,000,000, shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after September 30, 2005: Provided further , That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further , That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further , That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further , That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph: Provided further , That of the funds made available under this heading, $20,000,000 shall be available for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or reamortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided further , That the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further , That if the Secretary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: Provided further , That if Congress enacts legislation to permanently authorize a multi-family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further , That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from the program funds made available under this heading, for administrative expenses for activities funded under this heading. Mutual and self-help housing grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 ( 42 U.S.C. 1490c ), $30,000,000, to remain available until expended. Rural housing assistance grants For grants for very low-income housing repair made by the Rural Housing Service, as authorized by 42 U.S.C. 1474 , $27,000,000, to remain available until expended. Rural community facilities program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,200,000,000 for direct loans and $73,222,000 for guaranteed loans. For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $3,500,000, to remain available until expended. For the cost of grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $27,000,000, to remain available until expended: Provided , That $5,000,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further , That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further , That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further , That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further , That $5,000,000 of the amount appropriated under this heading shall be to provide grants for facilities in rural communities with extreme unemployment and severe economic depression ( Public Law 106–387 ), with up to 5 percent for administration and capacity building in the State rural development offices: Provided further , That $4,000,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further , That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. Rural Business—Cooperative Service Rural business program account (including transfers of funds) For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and described in section 310B (a), (c), and (g) of the Consolidated Farm and Rural Development Act, $65,000,000, to remain available until expended: Provided , That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for one grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further , That $4,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further , That for purposes of determining eligibility or level of program assistance the Secretary shall not include incarcerated prison populations: Provided further , That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading. intermediary relending program fund account (including transfer of funds) For the principal amount of direct loans, as authorized by the Intermediary Relending Program Fund Account ( 7 U.S.C. 1936b ), $16,234,000. For the cost of direct loans, $5,000,000, as authorized by the Intermediary Relending Program Fund Account (7 U.S.C 1936b), of which $531,000 shall be available through June 30, 2015, for Federally Recognized Native American Tribes; and of which $1,021,000 shall be available through June 30, 2015, for Mississippi Delta Region counties (as determined in accordance with Public Law 100–460 ): 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. In addition, for administrative expenses to carry out the direct loan programs, $4,439,000 shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . Rural economic development loans program account (including rescission of funds) For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $59,456,000. Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $155,000,000 shall not be obligated and $155,000,000 are rescinded. Rural cooperative development grants For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 ), $22,050,000, of which $2,500,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas program: Provided , That not to exceed $3,000,000 shall be for grants for cooperative development centers, individual cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups; and of which $10,750,000, to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 231 of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a ). Rural energy for america program For the cost of a program of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ), $3,500,000: Provided , That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. rural business investment program account For loans for the rural business investment program, as authorized by section 384F(b)(3)(A) of the Consolidated Farm and Rural Development Act, $4,000,000, to remain available until expended. Rural Utilities Service Rural water and waste disposal program account (including transfers of funds) For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $466,893,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided , That $66,500,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural Development Act, Federally recognized Native American Tribes authorized by 306C(a)(1), and the Department of Hawaiian Home Lands (of the State of Hawaii): Provided further , That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105–83 : Provided further , That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for training and technical assistance programs: Provided further , That not to exceed $19,000,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $6,000,000 shall be made available for a grant to a qualified non-profit multi-state regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further , That not to exceed $15,000,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further , That not to exceed $4,000,000 shall be for solid waste management grants: Provided further , That any prior year balances for high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 ( 7 U.S.C. 918a ) shall be transferred to and merged with the Rural Utilities Service, High Energy Cost Grants Account: Provided further , That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. Rural electrification and telecommunications loans program account (including transfer of funds) The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made pursuant to section 306 of that Act, rural electric, $5,000,000,000; guaranteed underwriting loans pursuant to section 313A, $500,000,000; 5 percent rural telecommunications loans, cost of money rural telecommunications loans, and for loans made pursuant to section 306 of that Act, rural telecommunications loans, $690,000,000: Provided , That up to $2,000,000,000 shall be used for the construction, acquisition, or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon sequestration systems. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $34,478,000, which shall be transferred to and merged with the appropriation for Rural Development, Salaries and Expenses . Distance learning, telemedicine, and broadband program For the principal amount of broadband telecommunication loans, $24,077,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq. , $20,000,000, to remain available until expended. For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $4,500,000, to remain available until expended: Provided , That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, $10,372,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa. IV Domestic Food Programs Office of the under secretary for food, nutrition, and consumer services For necessary expenses of the Office of the Under Secretary for Food, Nutrition, and Consumer Services, $816,000. Food and Nutrition Service Child nutrition programs (including transfers of funds) For necessary expenses to carry out the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), except section 21, and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), except sections 17 and 21; $20,523,795,000 to remain available through September 30, 2016, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided , That of the total amount available, $17,004,000 shall be available to carry out section 19 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ): Provided further , That of the total amount available, $25,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment needed to serve healthier meals, improve food safety, and to help support the establishment, maintenance, or expansion of the school breakfast program: Provided further , That of the total amount available, $27,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 ( Public Law 111–80 ). Special supplemental nutrition program for women, infants, and children (wic) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), $6,623,000,000, to remain available through September 30, 2016: Provided , That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(10) ), not less than $60,000,000 shall be used for breastfeeding peer counselors and other related activities, $14,000,000 shall be used for infrastructure, $30,000,000 shall be used for management information systems, and $25,000,000 shall be used for WIC electronic benefit transfer systems and activities: Provided further , That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further , That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act: Provided further , That upon termination of a federally-mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency. Supplemental nutrition assistance program For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), $82,251,138,000, of which $3,000,000,000, to remain available through September 30, 2016, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided , That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further , That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to State agencies and Federally recognized tribes participating in the Food Distribution Program on Indian Reservations: Provided further , That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further , That funds made available for Employment and Training under this heading shall remain available through September 30, 2016: Provided further , That funds made available under this heading for a study on Indian tribal administration of nutrition programs, as provided in title IV of the Agricultural Act of 2014 ( Public Law 113–79 ), and a study of the removal of cash benefits in Puerto Rico, as provided in title IV of the Agricultural Act of 2014 ( Public Law 113–79 ) shall be available until expended: Provided further , That funds made available under this heading for section 28(d)(1) and section 27(a) of the Food and Nutrition Act of 2008 shall remain available through September 30, 2016: Provided further , That funds made available under this heading for employment and training pilot projects, as provided in title IV of the Agricultural Act of 2014 ( Public Law 113–79 ), shall remain available through September 30, 2018: Provided further , That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008. Commodity assistance program For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ); and the Farmers' Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $275,701,000, to remain available through September 30, 2016: Provided , That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further , That notwithstanding any other provision of law, effective with funds made available in fiscal year 2015 to support the Seniors Farmers' Market Nutrition Program, as authorized by section 4402 of the Farm Security and Rural Investment Act of 2002, such funds shall remain available through September 30, 2016: Provided further , That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ), the Secretary may use up to 10 percent for costs associated with the distribution of commodities. Nutrition programs administration For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $150,824,000: Provided , That of the funds provided herein, $2,000,000 shall be used for the purposes of section 4404 of Public Law 107–171 , as amended by section 4401 of Public Law 110–246 . V Foreign Assistance and Related Programs Foreign Agricultural Service salaries and expenses (including transfers of funds) For necessary expenses of the Foreign Agricultural Service, including not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $182,563,000: Provided , That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs ( 7 U.S.C. 1737 ) and the foreign assistance programs of the United States Agency for International Development: Provided further , That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended. Food for peace title i direct credit and food for progress program account (including rescission and transfer of funds) For administrative expenses to carry out the credit program of title I of the Food for Peace Act ( 7 U.S.C. 1701 et seq. ) and the Food for Progress Act of 1985 ( 7 U.S.C. 1736o ), $2,528,000 shall be transferred to and merged with the appropriation for “Farm Service Agency, Salaries and Expenses”: Provided , That of the unobligated balances provided pursuant to title I of the Food for Peace Act, $13,000,000 are rescinded: Provided further , That no amounts may be rescinded pursuant to the previous proviso from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. food for peace title ii grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act ( Public Law 83–480 ), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,466,000,000, to remain available until expended: Provided , That, for fiscal year 2015, the amount made available pursuant to section 412(e)(2) of the Food for Peace Act ( 7 U.S.C. 1736f(e)(2) ) to carry out nonemergency food assistance programs under title II of such Act shall be $375,000,000. mcgovern-dole international food for education and child nutrition program grants For necessary expenses to carry out section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S. C. 1736o–1), $198,126,000, to remain available until expended: Provided , That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein. Commodity credit corporation export (loans) credit guarantee program account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,748,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,394,000 shall be transferred to and merged with the appropriation for Foreign Agricultural Service, Salaries and Expenses , and of which $354,000 shall be transferred to and merged with the appropriation for Farm Service Agency, Salaries and Expenses . VI Related agencies and food and drug administration Department of health and human services Food and Drug Administration salaries and expenses For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188 ; $4,442,048,000: Provided , That of the amount provided under this heading, $798,000,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h , and shall be credited to this account and remain available until expended; $128,282,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j , and shall be credited to this account and remain available until expended; $312,116,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j–42 , and shall be credited to this account and remain available until expended; $21,014,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j–52 , and shall be credited to this account and remain available until expended; $22,464,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j–12 , and shall be credited to this account and remain available until expended; $6,944,000 shall be derived from animal generic drug user fees authorized by 21 U.S.C. 379j–21 , and shall be credited to this account and remain available until expended; $566,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s , and shall be credited to this account and remain available until expended; $1,434,000 shall be derived from food and feed recall fees authorized by 21 U.S.C. 379j–31 , and shall be credited to this account and remain available until expended; $6,414,000 shall be derived from food reinspection fees authorized by 21 U.S.C. 379j–31 , and shall be credited to this account and remain available until expended; and $5,300,000 shall be derived from voluntary qualified importer program fees authorized by 21 U.S.C. 379j–31 , and shall be credited to this account and remain available until expended: Provided furthe r, That in addition and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and animal generic drug user fees that exceed the respective fiscal year 2015 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further , That fees derived from prescription drug, medical device, human generic drug, biosimilar biological product, animal drug, and animal generic drug assessments for fiscal year 2015, including any such fees collected prior to fiscal year 2015 but credited for fiscal year 2015, shall be subject to the fiscal year 2015 limitations: Provided further , That the Secretary may accept payment during fiscal year 2015 of user fees specified under this heading and authorized for fiscal year 2016, prior to the due date for such fees, and that amounts of such fees assessed for fiscal year 2016 for which the Secretary accepts payment in fiscal year 2015 shall not be included in amounts under this heading: Provided further , That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further , That of the total amount appropriated: (1) $913,784,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2) $1,326,402,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $344,267,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $171,783,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $420,548,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $62,494,000 shall be for the National Center for Toxicological Research; (7) $531,527,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) not to exceed $163,471,000 shall be for Rent and Related activities, of which $47,116,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) not to exceed $228,839,000 shall be for payments to the General Services Administration for rent; and (10) $278,933,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of Foods and Veterinary Medicine, the Office of Medical and Tobacco Products, the Office of Global and Regulatory Policy, the Office of Operations, the Office of the Chief Scientist, and central services for these offices: Provided further , That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further , That any transfer of funds pursuant to section 770(n) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379dd(n) ) shall only be from amounts made available under this heading for other activities: Provided further , That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b , export certification user fees authorized by 21 U.S.C. 381 , priority review user fees authorized by 21 U.S.C. 360n , outsourcing facility fees authorized by 21 U.S.C. 379j–62 , prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3) , and third-party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1) , may be credited to this account, to remain available until expended. Buildings and facilities For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $8,788,000, to remain available until expended. Independent Agencies Commodity futures trading commission For necessary expenses to carry out the provisions of the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ), including the purchase and hire of passenger motor vehicles, and the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, $217,578,000, including not to exceed $3,000 for official reception and representation expenses, and not to exceed $25,000 for the expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, of which $52,578,000, shall be for the purchase of information technology until September 30, 2016, and of which not less than $1,885,000 shall be for the Office of the Inspector General: Provided , That the Chairman of the Commodity Futures Trading Commission shall develop and report to the Committees of jurisdiction of both Houses of Congress within 30 days after the date of the enactment of this Act, a schedule of implementation and sequencing of all rules, regulations, and orders under section 716 or 722(d) of Public Law 111–203 , section 1a(49)(D) or 4m of the Commodity Exchange Act, or any of the amendments made by section 737 of Public Law 111–203 , including all Commission cost benefit analyses and studies relied upon in the formulation of any regulations issued in implementing any of such sections or amendments. Farm credit administration Limitation on administrative expenses Not to exceed $54,000,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided , That this limitation shall not apply to expenses associated with receiverships: Provided further , That the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. VII General provisions (including rescissions and transfers of funds) 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 71 passenger motor vehicles of which 68 shall be for replacement only, and for the hire of such vehicles: Provided , That notwithstanding this section, the only purchase of new passenger vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety. 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided , That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further , That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further , That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department's National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 720 of this Act: Provided further , That of annual income amounts in the Working Capital Fund of the Department of Agriculture allocated for the National Finance Center, the Secretary may reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement and implementation of a financial management plan, information technology, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further , That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That the limitation on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided , That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress. 707. Funds made available under section 1240I and section 1241(a) of the Food Security Act of 1985 and section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) ) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. 708. Notwithstanding any other provision of law, any former RUS borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. 709. Of the unobligated balances provided pursuant to section 12033 and section 15101 of the Food, Conservation, and Energy Act of 2008, $125,000,000 are rescinded. 710. Except as otherwise specifically provided by law, unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency and the Rural Development mission area, shall remain available through September 30, 2016, for information technology expenses. 711. The Secretary of Agriculture may authorize a State agency to use funds provided in this Act to exceed the maximum amount of liquid infant formula specified in 7 CFR 246.10 when issuing liquid infant formula to participants. 712. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 713. In the case of each program established or amended by the Agricultural Act of 2014 ( Public Law 113–79 ), other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation— (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. 714. None of the funds made available in fiscal year 2015 or preceding fiscal years for programs authorized under the Food for Peace Act ( 7 U.S.C. 1691 et seq. ) in excess of $20,000,000 shall be used to reimburse the Commodity Credit Corporation for the release of eligible commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act ( 7 U.S.C. 1736f–1 ): Provided , That any such funds made available to reimburse the Commodity Credit Corporation shall only be used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. 715. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. 716. None of the funds in this Act shall be available to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30 percent of total Federal funds provided under each award: Provided , That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3310 ), funds provided by this Act for grants awarded competitively by the National Institute of Food and Agriculture shall be available to pay full allowable indirect costs for each grant awarded under section 9 of the Small Business Act ( 15 U.S.C. 638 ). 717. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the following: (1) The Watershed Rehabilitation program authorized by section 14(h)(1) of the Watershed and Flood Protection Act ( 16 U.S.C. 1012(h)(1) ) in excess of $92,000,000. (2) The Environmental Quality Incentives Program as authorized by sections 1240–1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–3829aa–8) in excess of $1,391,000,000. (3) The Agricultural Conservation Easement Program established under subtitle H of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3685 et seq. ) in excess of $365,000,000. (4) The Conservation Stewardship Program as authorized by sections 1238D–1238G of the Food Security Act of 1985 ( 16 U.S.C. 3838d–3838g ) in excess of $1,166,000,000. (5) The Biomass Crop Assistance Program authorized by section 9011 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8111 ) in excess of $15,000,000 in new obligational authority. (6) The Rural Energy for America Program as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ) in excess of $30,000,000. (7) The Biorefinery, Renewable Chemical and Biobased Product Manufacturing Assistance program as authorized by section 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 ) in excess of $22,000,000. 718. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under subsection (b)(2)(A)(vii) of section 14222 of Public Law 110–246 in excess of $959,000,000, as follows: Child Nutrition Programs Entitlement Commodities—$465,000,000; State Option Contracts—$5,000,000; Removal of Defective Commodities—$2,500,000: Provided , That none of the funds made available in this Act or any other Act shall be used for salaries and expenses to carry out in this fiscal year section 19(i)(1)(E) of the Richard B. Russell National School Lunch Act, except in an amount that excludes the transfer of $122,000,000 of the funds to be transferred under subsection (c) of section 14222 of Public Law 110–246 , until October 1, 2015: Provided further , That $122,000,000 made available on October 1, 2015, to carry out section 19(i)(1)(E) of the Richard B. Russell National School Lunch Act, as amended, shall be excluded from the limitation described in subsection (b)(2)(A)(viii) of section 14222 of Public Law 110–246 : Provided further , That none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture or officer of the Commodity Credit Corporation to carry out clause 3 of section 32 of the Agricultural Adjustment Act of 1935 ( Public Law 74–320 , 7 U.S.C. 612c , as amended), or for any surplus removal activities or price support activities under section 5 of the Commodity Credit Corporation Charter Act: Provided further , That of the available unobligated balances under (b)(2)(A)(vii) of section 14222 of Public Law 110–246 , $203,000,000 are rescinded. 719. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2016 appropriations Act. 720. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ) or section 8 of Public Law 89–106 ( 7 U.S.C. 2263 ), that— (1) creates new programs; (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 offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission (as the case may be) notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission shall notify in writing the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture, the Secretary of Health and Human Services or the Chairman of the Commodity Futures Trading Commission receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 721. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) ), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. 722. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, the Commodity Futures Trading Commission, or the Farm Credit Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture, non-Department of Health and Human Services, non-Commodity Futures Trading Commission, or non-Farm Credit Administration employee questions or responses to questions that are a result of information requested for the appropriations hearing process. 723. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 724. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 30 days unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 725. None of the funds made available by this Act may be used to pay the salaries and expenses of personnel who provide nonrecourse marketing assistance loans for mohair under section 1201 of the Agricultural Act of 2014 ( Public Law 113–79 ). 726. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, the Chairman of the Commodity Futures Trading Commission and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees. 727. Funds made available under title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. ) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator of the U.S. Agency for International Development, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes. 728. The Secretary shall continue the pilot program in effect for fiscal year 2013 for packaging and reviewing section 502 single family direct loans. The Secretary shall continue agreements with current intermediary organizations and not later than 90 days after enactment of this Act enter into additional agreements that increase the number of participating intermediary organizations to not less than 10. The Secretary shall work with these organizations to increase the effectiveness of the section 502 single family direct loan program in rural comnmunities and shall set aside and make available from the national reserve section 502 loans an amount necessary to support the work of such intermediaries and provide a priority for review of such loans. 729. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided , That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance. 730. None of the funds made available by this or any other Act may be used to write, prepare, or publish a final rule or an interim final rule in furtherance of, or otherwise to implement or enforce the proposed rule entitled Implementation of Regulations Required Under Title XI, of the Food, Conservation and Energy Act of 2008; Conduct in Violation of the Act published by the Department of Agriculture in the Federal Register on June 22, 2010 (75 Fed. Reg. 35338 et seq.) unless the combined annual cost to the economy of such rules does not exceed $100,000,000: Provided , That none of the funds made available by this or any other Act may be used to publish a final or interim final rule in furtherance of, or otherwise to implement, sections 201.2(l), 201.2(t), 201.2(u), 201.3(c), 201.210, 201.211, 201.213, or 201.214, as proposed to be added to title 9 of the Code of Federal Regulations, by such proposed rule: Provided further , That none of the funds made available by this or any other Act may be used to implement, enforce, or to take regulatory action other than rescission or repeal based on, or in furtherance of, 201.2(o), 201.3(a), or 201.215(a), of title 9 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act), or to write, prepare, or publish a final or interim final rule in furtherance of, or otherwise to implement, the definitions or criteria specified in such sections: Provided further , That the Secretary of Agriculture shall, within 60 days after the date of enactment of this Act, rescind sections 201.2(o), 201.3(a), and 201.215(a), of title 9 of the Code of Federal Regulations (as in effect on such date). 731. None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 ( 7 U.S.C. 2235a ; Public Law 107–76 ) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided , That the refunds or rebates so transferred shall be available for obligation only for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture. 732. None of the funds made available in this Act may be used for a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the United States House of Representatives. 733. For the 2014 fiscal year and each fiscal year thereafter, losses under section 1501 of Public Law 113–79 shall not be considered the same loss for the purposes of 7 U.S.C. 7333(i)(3) and 7 U.S.C. 1508(n) . 734. Of the funds made available to the Food and Drug Administration, Salaries and Expenses, Office of the Commissioner, $20,000,000 shall not be available for obligation until the Food and Drug Administration finalizes the draft guidance of January 2013 entitled ‘‘Guidance for Industry: Abuse-Deterrent Opioids- Evaluation and Labeling’’: Provided , That if the Food and Drug Administration fails to finalize such guidance by June 30, 2015, such funds shall be made available for obligation to the Food and Drug Administration’s Office of Criminal Investigation for the purpose of assisting Federal, state, and local agencies to combat the diversion and illegal sales of controlled substances. 735. 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 24 months preceding the date of enactment of this Act, where the awarding agency is aware of the conviction, unless a Federal 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. 736. 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 a Federal 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. 737. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out section 307(b) of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 ( Public Law 105–277 ; 112 Stat. 2681–640) in excess of $4,000,000. 738. None of the funds made available by this Act may be used to exclude or restrict the eligibility of any variety of fresh, whole, or cut vegetables, except for vegetables with added sugars, fats, or oils, from being provided as supplemental foods under the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ). 739. Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture shall establish a process by which a State shall grant a waiver from compliance with the final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.) for the 2014-15 school year to any school food authority located in the State that verifies a net loss from operating a food service program for a period of at least 6 months that begins on or after July 1, 2013. 740. It is the sense of Congress that Congress— (1) celebrates May 8, 2014, as the 100th anniversary of the enactment of the Smith-Lever Act and recognizes the significance of the establishment of a nationwide Cooperative Extension System; (2) encourages the people of the United States to observe and celebrate the centennial with a focus on launching an innovative and sustainable future for the Cooperative Extension System; (3) honors the university faculty and local educators who dedicate careers to providing trusted educational programs to help people, families, youth, businesses, and communities solve problems, develop skills, and build a better future; (4) thanks the volunteers who provide thousands of hours to promote excellence for 4–H Clubs, the Master Gardeners program, the Family and Consumer Sciences program, and other programs of the Cooperative Extension System in their communities; (5) encourages continued collaboration and cooperation among Federal, State, and local governments to assure the sustainability of the Cooperative Extension System as the premiere non-formal educational network in the United States; and (6) celebrates millions of youth, adults, families, farmers, ranchers, community leaders, and others who engage in cooperative extension learning opportunities designed to extend knowledge and change lives. 741. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel to— (1) inspect horses under section 3 of the Federal Meat Inspection Act ( 21 U.S.C. 603 ); (2) inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 1901 note; Public Law 104–127 ); or (3) implement or enforce section 352.19 of title 9, Code of Federal Regulations. 742. None of the funds made available by this Act may be used to procure processed poultry products imported into the United States from the People’s Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), the Child and Adult Food Care Program under section 17 of such Act ( 42 U.S.C. 1766 ), the Summer Food Service Program for Children under section 13 of such Act ( 42 U.S.C. 1761 ), or the school breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). spending reduction account 743. 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 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2015 .
June 4, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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https://www.govinfo.gov/content/pkg/BILLS-113hr4800rh/xml/BILLS-113hr4800rh.xml
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113-hr-4801
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I 113th CONGRESS 2d Session H. R. 4801 IN THE HOUSE OF REPRESENTATIVES AN ACT To require the Secretary of Energy to prepare a report on the impact of thermal insulation on both energy and water use for potable hot water.
1. Report on energy and water savings potential from thermal insulation (a) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with appropriate Federal agencies and relevant stakeholders, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the impact of thermal insulation on both energy and water use systems for potable hot and chilled water in Federal buildings, and the return on investment of installing such insulation. (b) Contents The report shall include— (1) an analysis based on the cost of municipal or regional water for delivered water and the avoided cost of new water; and (2) a summary of energy and water savings, including short term and long term (20 years) projections of such savings.
Passed the House of Representatives June 23, 2014. Karen L. Haas, Clerk.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4801eh/xml/BILLS-113hr4801eh.xml
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113-hr-4802
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I 113th CONGRESS 2d Session H. R. 4802 IN THE HOUSE OF REPRESENTATIVES June 5, 2014 Mr. Hudson introduced the following bill; which was referred to the Committee on Homeland Security A BILL To improve intergovernmental planning for and communication during security incidents at domestic airports, and for other purposes.
1. Short title This Act may be cited as the Airport Security Enhancement Act of 2014 . 2. Definitions In this Act: (1) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security. (2) Administration The term Administration means the Transportation Security Administration. 3. Security incident response at airports (a) In general The Assistant Secretary shall, in consultation with the Administrator of the Federal Emergency Management Agency, conduct outreach to all airports in the United States at which the Administration performs, or oversees the implementation and performance of, security measures, and provide technical assistance as necessary, to verify such airports have in place individualized working plans for responding to security incidents inside the perimeter of the airport, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. (b) Types of plans Such plans may include, but may not be limited to, the following: (1) A strategy for evacuating and providing care to persons inside the perimeter of the airport, with consideration given to the needs of persons with disabilities. (2) A plan for establishing a unified command, including identification of staging areas for non-airport-specific law enforcement and fire response. (3) A schedule for regular testing of communications equipment used to receive emergency calls. (4) An evaluation of how emergency calls placed by persons inside the perimeter of the airport will reach airport police in an expeditious manner. (5) A practiced method and plan to communicate with travelers and all other persons inside the perimeter of the airport. (6) To the extent practicable, a projected maximum timeframe for law enforcement response. (7) A schedule of joint exercises and training to be conducted by the airport, the Administration, other stakeholders such as airport and airline tenants, and any relevant law enforcement, airport police, fire, and medical personnel. (8) A schedule for producing after-action joint exercise reports to identify and determine how to improve security incident response capabilities. (c) Report to congress Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the findings from its outreach to airports under subsection (a), including an analysis of the level of preparedness such airports have to respond to security incidents, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. 4. Disseminating information on best practices The Assistant Secretary shall— (1) identify best practices that exist across airports for security incident planning, management, and training; and (2) establish a mechanism through which to share such best practices with other airport operators nationwide. 5. Certification Not later than 90 days after the date of enactment of this Act, and annually thereafter, the Assistant Secretary shall certify in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that all screening personnel have participated in practical training exercises for active shooter scenarios. 6. Reimbursable agreements Not later than 90 days after the enactment of this Act, the Assistant Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an analysis of how the Administration can use cost savings achieved through efficiencies to increase over the next 5 fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. 7. No additional authorization of appropriations No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise available for such purpose.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4802ih/xml/BILLS-113hr4802ih.xml
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113-hr-4803
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I 113th CONGRESS 2d Session H. R. 4803 IN THE HOUSE OF REPRESENTATIVES June 5, 2014 Mr. Sanford (for himself and Mr. Hudson ) (all by request): introduced the following bill; which was referred to the Committee on Homeland Security A BILL To require the Transportation Security Administration to conform to existing Federal law and regulations regarding criminal investigator positions, and for other purposes.
1. Short title This Act may be cited as the TSA Office of Inspection Accountability Act of 2014 . 2. Findings Congress makes the following findings: (1) Consistent with Federal law and regulations, for law enforcement officers to qualify for premium pay as criminal investigators, the officers must, in general, spend on average at least 50 percent of their time investigating, apprehending, or detaining individuals suspected or convicted of offenses against the criminal laws of the United States. (2) According to the Inspector General of the Department of Homeland Security (DHS IG), the Transportation Security Administration (TSA) does not ensure that its cadre of criminal investigators in the Office of Inspection are meeting this requirement, even though they are considered law enforcement officers under TSA policy and receive premium pay. (3) Instead, TSA criminal investigators in the Office of Inspection primarily monitor the results of criminal investigations conducted by other agencies, investigate administrative cases of TSA employee misconduct, and carry out inspections, covert tests, and internal reviews, which the DHS IG asserts could be performed by employees other than criminal investigators at a lower cost. (4) The premium pay and other benefits afforded to TSA criminal investigators in the Office of Inspection who are incorrectly classified as such will cost the taxpayer as much as $17,000,000 over 5 years if TSA fails to make any changes to the number of criminal investigators in the Office of Inspection, according to the DHS IG. (5) This may be a conservative estimate, as it accounts for the cost of Law Enforcement Availability Pay, but not the costs of law enforcement training, statutory early retirement benefits, police vehicles, and weapons. 3. Definitions In this Act: (1) Administration The term Administration means the Transportation Security Administration. (2) Assistant secretary The term Assistant Secretary means the Assistant Secretary of Homeland Security (Transportation Security) of the Department of Homeland Security. (3) Inspector general The term Inspector General means the Inspector General of the Department of Homeland Security 4. Inspector general review (a) Review Not later than 60 days after the date of the enactment of this Act, the Inspector General shall analyze the data and methods that the Assistant Secretary uses to identify employees of the Administration who meet the requirements of sections 8331(20), 8401(17) and 5545a of title 5, United States Code, and provide the relevant findings to the Assistant Secretary, including a finding on whether the data and methods are adequate and valid. (b) Prohibition on hiring If the Inspector General finds that such data and methods are inadequate or invalid, the Administration may not hire any new employee to work in the Office of Inspection of the Administration until— (1) the Assistant Secretary makes a certification described in section 5 to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Inspector General submits to such Committees a finding, not later than 30 days after the Assistant Secretary makes such certification, that the Assistant Secretary utilized adequate and valid data and methods to make such certification. 5. TSA Office of Inspection Workforce Certification (a) Certification to congress The Assistant Secretary shall, by not later than 90 days after the date the Inspector General provides its findings to the Assistant Secretary under section 4(a), document and certify in writing to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that only those employees of the Administration who meet the requirements of sections 8331(20), 8401(17), and 5545a of title 5, United States Code, are classified as criminal investigators and are receiving premium pay and other benefits associated with such classification. (b) Employee reclassification The Assistant Secretary shall reclassify criminal investigator positions in the Office of Inspection as noncriminal investigator positions or non-law enforcement positions if the individuals in those positions do not, or are not expected to, spend an average of at least 50 percent of their time performing criminal investigative duties. (c) Projected cost savings (1) In general The Assistant Secretary shall estimate the total long-term cost savings to the Federal Government resulting from the implementation of subsection (b), and provide such estimate to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate by not later than 180 days after the date of enactment of this Act. (2) Contents Such estimate shall identify savings associated with the positions reclassified under subsection (b) and include, among other factors the Assistant Secretary considers appropriate, savings from— (A) law enforcement training; (B) early retirement benefits; (C) law enforcement availability pay; and (D) weapons, vehicles, and communications devices.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4803ih/xml/BILLS-113hr4803ih.xml
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113-hr-4804
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I 113th CONGRESS 2d Session H. R. 4804 IN THE HOUSE OF REPRESENTATIVES June 5, 2014 Mr. Mulvaney 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 provide requirements that must be followed by the Bureau of Consumer Financial Protection when carrying out certain examinations.
1. Short title This Act may be cited as the Bureau Examination Fairness Act . 2. Examination requirements (a) In general The Consumer Financial Protection Act of 2010 is amended by inserting after section 1026 the following: 1026A. Examination requirements (a) Non-Inclusion of enforcement attorneys The Bureau may not include enforcement attorneys when performing examinations pursuant to section 1024, 1025, or 1026. (b) Data requests In any request for data from an entity supervised by the Bureau pursuant to section 1024, 1025, or 1026, the Bureau shall— (1) ensure that the different divisions of the Bureau coordinate with each other before the data is requested; (2) accompany each request with a written statement of intended use for the data being requested; (3) use peer-reviewed data sampling based on limited data sets rather than requesting full data sets, unless the Director determines, in writing, that requesting full data sets is necessary; and (4) with respect to a data request with respect to which the Bureau anticipates the cost of complying with such request will exceed $50,000 per company, provide the entity with the written approval of the Director for such request. (c) Examination time period When respect to an examination conducted by the Bureau, the Bureau shall— (1) complete the examination field work and conduct an exit interview with the entity being examined not later than the end of the 60-day period beginning on the date the examination begins; and (2) produce a report of examination or supervisory letter— (A) not later than the end of the 120-day period beginning on the date the examination is completed; or (B) if the Director authorizes an extension and provides a written justification for such extension, not later than end of the 180-day period beginning on the date the examination is completed. (d) Prohibition on concurrent examinations The Bureau may only perform one limited-scope examination of an entity at any one time. . (b) Clerical amendment The table of contents under section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 1026 the following: Sec. 1026A. Examination requirements. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4804ih/xml/BILLS-113hr4804ih.xml
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113-hr-4805
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I 113th CONGRESS 2d Session H. R. 4805 IN THE HOUSE OF REPRESENTATIVES June 5, 2014 Mrs. Black (for herself, Mr. Griffin of Arkansas , Mr. Harris , Mr. Tiberi , Mr. Fincher , Mr. Sam Johnson of Texas , Mr. Duncan of Tennessee , Mr. Kelly of Pennsylvania , and Ms. Jenkins ) 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 delay the provision of the Affordable Care Act premium and cost-sharing subsidies until the eligibility verification process for such subsidies is completed, and for other purposes.
1. Short title This Act may be cited as the No Subsidies Without Verification Act of 2014 . 2. Findings Congress finds the following: (1) On July 5, 2013, the Department of Health and Human Services released more than 600 pages of a final rule to implement the provisions of the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010 (commonly referred to as Obamacare or the ACA ). (2) Such final rule included an announcement that the Federal Government would no longer verify that each applicant for premium tax credits or cost-sharing reductions for coverage offered through an Exchange established under the Patient Protection and Affordable Care Act are actually qualified for such credits or reductions. Instead, the Administration would rely on self-attestation and sample audits of a sample population to protect the integrity of this new $1 trillion entitlement program. (3) The Department of Health and Human Services later announced a change in such policy and stated it would extend the sample population to 100 percent. This change, though announced, was never made to the final rule, meaning there was no guarantee to the American people that applicants would be verified. (4) It is estimated that not verifying eligibility for such credits and reductions could likely equate to approximately $250 billion in fraudulent payments through payments of such Obamacare premium tax credits and cost-sharing reductions. (5) The final rule provides that the Department of Health and Human Services will offer to perform this verification procedure for States that are establishing a State-based Exchange, but will be unable to do so until 2015. As a result, such States will not be required to randomly verify employer-sponsored coverage until 2015. (6) In order to protect taxpayers after the Department of Health and Human Services failed to implement a new rule that it would ensure Congress and taxpayers that verification of eligibility would be performed, the House of Representatives advanced legislation, H.R. 2775, the No Subsidies Without Verification Act. This legislation would have provided the force of law to ensure that verification would occur prior to the issuance of any Obamacare premium tax credit or cost-sharing reduction. (7) On September 12, 2013, this legislation was passed in the House of Representatives with bipartisan support by a 235 to 191 vote margin. (8) On September 10, 2013, the Obama Administration issued a Statement of Administration Policy to H.R. 2775 that stated the Administration strongly opposes House passage of H.R. 2775 because the goal of the bill is already being accomplished while the text of the bill would create delays that could cost millions of hard-working middle-class families the security of affordable health coverage and care they deserve . (9) The Statement of Administration Policy also stated that H.R. 2775 is unnecessary because the Secretary of Health and Human Services has already put in place an effective and efficient system for verification of eligibility for premium tax credits and cost sharing reductions. . (10) On October 16, 2013, the Senate removed the verification mechanism of H.R. 2775 and replaced it with language that required a report to Congress by the Secretary of Health and Human Services no later than January 1, 2014. (11) On January 1, 2014, the Department of Health and Human Services submitted a mandated report to Congress entitled, Verification of Household Income and Other Qualifications for the Provision of Affordable Care At Premium Tax Credits and Cost-Sharing Reductions . (12) This report to Congress states, In accordance with statute and applicable implementing regulations, when a consumer submits an application for insurance affordability programs (which include APTCs, CSRs, Medicaid, the Children’s Health Insurance Program (CHIP), and the Basic Health Program (BHP)), the Exchange verifies information provided by the consumer on the application as a component of making an eligibility determination. The processes for verifying information in order to determine eligibility for enrollment in a qualified health plan (QHP) through the Exchange and for APTC under section 36B of the Internal Revenue Code (the Code) and CSRs under section 1402 of the ACA are specified in the ACA and its implementing regulations. Pursuant to both statute and applicable regulations, the Exchanges have implemented numerous processes to carry out the verification of information provided by applicants. . (13) Beginning in 2014, Federal subsidies have been made available to help individuals purchase health insurance through an Exchange through premium tax credits and cost-sharing reductions. On April 2014, the Department of Health and Human Services delayed implementation of income verification systems in order to increase sign-ups for health care plans through the healthcare.gov website. (14) Various reports indicate that the internal portions of the healthcare.gov website are yet to be finalized, thus leaving the Department of Health and Human Services unable to perform the verification it stated it was performing. The Obama Administration is operating a new Federal entitlement program that fails to prevent fraudulent subsidy claims before administered. In doing so, the Department of Health and Human Services has created a new pay and chase program that places taxpayers at financial risk of fraudulent claims. 3. Delaying provision of ACA premium and cost-sharing subsidies until eligibility verification process for such subsidies is complete (a) In general Notwithstanding any other provision of law, in the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) is being claimed, no such credit or reduction shall be allowed before the first date of the first coverage month beginning on or after the date on which the process to verify, in accordance with section 1411 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081 ), the household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, such credit or reduction, respectively, has been completed. For purposes of the previous sentence, the verification process described in such sentence with respect to an individual shall not be treated as complete unless a manual or electronic review has been completed of applicable information required to be submitted by such individual under section 1411(b) of such Act ( 42 U.S.C. 18081(b) ) and any inconsistency of such information with records of the Secretary of the Treasury, Secretary of Homeland Security, or the Commissioner of Social Security has been resolved. (b) Treatment of individual mandate Notwithstanding any other provision of law, no penalty shall be imposed under section 5000A of the Internal Revenue Code of 1986 with respect to an individual for any month— (1) with respect to which a premium tax credit under section 36B of the Internal Revenue Code of 1986 is being claimed for such individual; and (2) that begins before the date on which the verification process described in subsection (a) has been completed, in accordance with such subsection, with respect to such claim for such individual. (c) Application provisions (1) Effective date Subject to paragraph (2), the provisions of this section shall apply to coverage months beginning on or after the date of the enactment of this Act. (2) Treatment of individuals currently receiving subsidies (A) Suspension of certain subsidies In the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) has been claimed before the date of the enactment of this Act and for whom such a credit or reduction has been allowed before such date, such allowance shall be suspended until the coverage month described in subsection (a) with respect to such claim for such individual. (B) Special enrollment period (i) In general The Secretary of Health and Human Services shall take such steps as are necessary to establish a special enrollment period of 45 days, beginning on the date of completion of the verification process described in subsection (a), with respect to an individual described in clause (ii), for such individual to enroll in qualified health plans offered through Exchanges established under title I of the Patient Protection and Affordable Care Act. (ii) Individual described For purposes of clause (i), an individual described in this clause is an individual— (I) who is enrolled in a qualified health plan described in clause (i) before the date of the enactment of this Act; (II) to whom the suspension under subparagraph (A) applies; (III) who terminated enrollment in the qualified health plan during such period of suspension; and (IV) who, after the completion of the verification process described in subsection (a) with respect to such individual, seeks to enroll in such a qualified health plan.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4805ih/xml/BILLS-113hr4805ih.xml
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113-hr-4806
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I 113th CONGRESS 2d Session H. R. 4806 IN THE HOUSE OF REPRESENTATIVES June 5, 2014 Mrs. Capps introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide family members and close associates of an individual who they fear is a danger to himself, herself, or others new tools to prevent gun violence.
1. Short title This Act may be cited as the Pause for Safety Act of 2014 . 2. Definitions In this Act— (1) the term close associate means, with respect to an individual— (A) a dating partner, friend, co-worker, or neighbor of the individual; or (B) any other person who has a relationship with the individual so as to be concerned about the safety and well-being of the individual, as determined by a State; (2) the term family member means, with respect to an individual, a spouse, child, parent, sibling, grandchild, or grandparent of the individual; (3) the term firearm has the meaning given the term in section 921 of title 18, United States Code; (4) the term gun violence prevention order means a written order, issued by a State court or signed by a magistrate (or other comparable judicial officer), prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving any firearms; (5) the term gun violence prevention warrant means a written order, issued by a State court or signed by a magistrate (or other comparable judicial officer), regarding an individual who is subject to a gun violence prevention order and who is known to own or possess 1 or more firearms, that directs a law enforcement officer to temporarily seize and retain any firearm in the possession of the individual; (6) the term law enforcement officer means a public servant authorized by State law or by a State government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense; and (7) the term wellness check means a visit conducted by a law enforcement officer to the residence of an individual for the purpose of assessing whether the individual poses a danger to the individual or others due to a mental, behavioral, or physical condition. 3. National gun violence prevention order and warrant law (a) Enactment of gun violence prevention order law In order to receive a grant under section 4, on the date that is 3 years after the date of enactment of this Act, each State shall have in effect legislation that— (1) authorizes a gun violence prevention order and gun violence prevention warrant in accordance with subsection (b); and (2) requires each law enforcement agency of the State to comply with subsection (c). (b) Requirements for gun violence prevention orders and warrants Legislation required under subsection (a) shall be subject to the following requirements: (1) Application for gun violence prevention order A family member or close associate of an individual may submit an application to a State court, on a form designed by the court, that— (A) describes the facts and circumstances necessitating that a gun violence prevention order be issued against the named individual; (B) is signed by the applicant, under oath; and (C) includes any additional information required by the State court or magistrate (or other comparable judicial officer) to demonstrate that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others. (2) Examination of applicant and witnesses A State court or magistrate (or other comparable judicial officer) may, before issuing a gun violence prevention order— (A) examine under oath, the individual who applied for the order under paragraph (1) and any witnesses the individual produces; and (B) (i) require that the individual or any witness submit a signed affidavit, which describes the facts the applicant or witness believes establish the grounds of the application; or (ii) take an oral statement from the individual or witness under oath. (3) Standard for issuance of order (A) In general A State court or magistrate (or other comparable judicial officer) may issue a gun violence prevention order only upon a finding of probable cause that possession of a firearm by the named individual poses a significant risk of personal injury to the named individual or others. (B) Notification (i) In general The court shall notify the Department of Justice and comparable State agency of the gun violence prevention order not later than 2 court days after issuing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual’s right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (ii) Update of databases As soon as practicable after receiving a notification under clause (i), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect the prohibitions articulated in the gun violence prevention order. (4) Issuance of gun violence prevention warrant (A) In general After issuing a gun violence prevention order, a State court or magistrate (or other comparable judicial officer) shall, upon a finding of probable cause to believe that the named individual subject to the order has a firearm in his custody or control, issue a gun violence prevention warrant ordering the temporary seizure of all firearms specified in the warrant. (B) Requirement Subject to paragraph (6), a gun violence prevention warrant issued under subparagraph (A) shall require that any firearm described in the warrant be taken from any place, or from any individual in whose possession, the firearm may be. (5) Service of gun violence prevention order When serving a gun violence prevention order, a law enforcement officer shall provide the individual with a form to request a hearing in accordance with paragraph (6)(F). (6) Temporary seizure of firearms (A) In general When a law enforcement officer takes property under a gun violence prevention warrant, the law enforcement officer shall give a receipt for the property taken, specifying the property in detail, to the individual from whom it was taken. In the absence of a person, the law enforcement officer shall leave the receipt in the place where the law enforcement officer found the property. (B) Temporary custody of seized firearms All firearms seized pursuant to a gun violence prevention warrant shall be retained by the law enforcement officer or the law enforcement agency in custody, subject to the order of the court that issued the warrant or to any other court in which an offense with respect to the firearm is triable. (C) Limitation on seizure of firearms If the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a firearm is located during the execution of the seizure warrant, and it is determined that the firearm is owned by an individual other than the individual named in the gun violence prevention warrant, the firearm may not be seized if— (i) the firearm is stored in a manner that the individual named in the gun violence prevention warrant does not have access to or control of the firearm; and (ii) there is no evidence of unlawful possession of the firearm by the owner. (D) Gun safe If the location to be searched during the execution of a gun violence prevention warrant is jointly occupied by multiple parties and a gun safe is located, and it is determined that the gun safe is owned by an individual other than the individual named in the gun violence prevention warrant, the contents of the gun safe shall not be searched except in the owner’s presence, or with the owner's consent, or unless a valid search warrant has been obtained. (E) Return of firearm to rightful owner If any individual who is not a named individual in a gun violence prevention warrant claims title to a firearm seized pursuant to a gun violence prevention warrant, the firearm shall be returned to the lawful owner not later than 30 days after the date on which the title is claimed. (F) Right to request a hearing A named individual may submit 1 written request at any time during the effective period of a gun violence prevention order issued against the individual for a hearing for an order allowing the individual to own, possess, purchase, or receive a firearm. (7) Hearing on gun violence prevention order and gun violence prevention warrant (A) In general Except as provided in subparagraph (E), not later than 14 days after the date on which a gun violence prevention order and, when applicable, a gun violence prevention warrant, is issued, the court that issued the order and, when applicable, the warrant, or another court in that same jurisdiction, shall hold a hearing to determine whether the individual who is the subject of the order may have under the custody or control of the individual, own, purchase, possess, or receive firearms and, when applicable, whether any seized firearms should be returned to the individual named in the warrant. (B) Notice The individual named in a gun violence prevention order requested to be renewed under subparagraph (A) shall be given written notice and an opportunity to be heard on the matter. (C) Burden of proof (i) In general Except as provided in clause (ii), at any hearing conducted under subparagraph (A), the State or petitioner shall have the burden of establishing probable cause that the individual poses a significant risk of personal injury to the individual or others by owning or possessing the firearm. (ii) Higher burden of proof A State may establish a burden of proof for hearings conducted under subparagraph (A) that is higher than the burden of proof required under clause (i). (D) Requirements upon finding of significant risk If the named individual is found at the hearing to pose a significant risk of personal injury to the named individual or others by owning or possessing a firearm, the following shall apply: (i) The firearm or firearms seized pursuant to the warrant shall be retained by the law enforcement agency for a period not to exceed 1 year. (ii) The named individual shall be prohibited from owning or possessing, purchasing or receiving, or attempting to purchase or receive a firearm for a period not to exceed 1 year, a violation of which shall be considered a misdemeanor offense. (iii) The court shall notify the Department of Justice and comparable State agency of the gun violence prevention order not later than 2 court days after issuing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual's right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (iv) As soon as practicable after receiving a notification under clause (iii), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect— (I) the prohibitions articulated in the gun violence prevention order; or (II) an order issued to restore an individual's right to own or possess a firearm. (E) Return of firearms If the court finds that the State has not met the required standard of proof, any firearm seized pursuant to the warrant shall be returned to the named individual not later than 30 days after the hearing. (F) Limitation on hearing requirement If an individual named in a gun violence prevention warrant is prohibited from owning or possessing a firearm for a period of 1 year or more by another provision of State or Federal law, a hearing pursuant to subparagraph (A) is not required and the court shall issue an order to hold the firearm until either the individual is no longer prohibited from owning a firearm or the individual sells or transfers ownership of the firearm to a licensed firearm dealer. (8) Renewing gun violence prevention order and gun violence prevention warrant (A) In general Except as provided in subparagraph (E), if a law enforcement agency has probable cause to believe that an individual who is subject to a gun violence prevention order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm, the agency may initiate a request for a renewal of the order, on a form designed by the court, describing the facts and circumstances necessitating the request. (B) Notice The individual named in the gun violence prevention order requested to be renewed under subparagraph (A) shall be given written notice and an opportunity to be heard on the matter. (C) Hearing After notice is given under subparagraph (B), a hearing shall be held to determine if a request for renewal of the order shall be issued. (D) Issuance of renewal Except as provided in subparagraph (E), a State court may issue a renewal of a gun violence prevention order if there is probable cause to believe that the individual who is subject to the order continues to pose a significant risk of personal injury to the named individual or others by possessing a firearm. (E) Higher burden of proof A State may establish a burden of proof for initiating a request for or issuing a renewal of a gun violence prevention order that is higher than the burden of proof required under subparagraph (A) or (D). (F) Notification (i) In general The court shall notify the Department of Justice and comparable State agency of a renewal of the gun violence prevention order not later than 2 court days after renewing the order. The court shall also notify the Department of Justice and comparable State agency of any order restoring the ability of the individual to own or possess firearms not later than 2 court days after issuing the order to restore the individual’s right to own or possess any type of firearms that may be lawfully owned and possessed. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice and the comparable State agency. (ii) Update of databases As soon as practicable after receiving a notification under clause (i), the Department of Justice and comparable State agency shall update the background check databases of the Department and agency, respectively, to reflect— (I) the prohibitions articulated in the renewal of the gun violence prevention order; or (II) an order issued to restore an individual's right to own or possess a firearm. (c) Law enforcement check of State firearm database Each law enforcement agency of the State shall establish a procedure that requires a law enforcement officer to, in conjunction with performing a wellness check on an individual, check whether the individual is listed on any of the firearm and ammunition databases of the State or jurisdiction in which the individual resides. (d) Confidentiality protections All information provided to the Department of Justice and comparable State agency pursuant to legislation required under subsection (a) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice and comparable State agency. 4. Pause for Safety grant program (a) In general The Director of the Office of Community Oriented Policing Services of the Department of Justice may make grants to an eligible State to assist the State in carrying out the provisions of the State legislation described in section 3. (b) Eligible State A State shall be eligible to receive grants under this section on and after the date on which— (1) the State enacts legislation described in section 3; and (2) the Attorney General determines that the legislation of the State described in paragraph (1) complies with the requirements of section 3. (c) Use of funds Funds awarded under this section may be used by a State to assist law enforcement agencies or the courts of the State in carrying out the provisions of the State legislation described in section 3. (d) Application An eligible State desiring a grant under this section shall submit to the Director of the Office of Community Oriented Policing Services an application at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 5. Federal firearms prohibition Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (8)(B)(ii), by striking or at the end; (B) in paragraph (9), by striking the period at the end and inserting ; or ; and (C) by inserting after paragraph (9) the following: (10) is subject to a court order that prohibits such person from having under the custody or control of the person, owning, purchasing, possessing, or receiving any firearms. ; and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or at the end; (B) in paragraph (9), by striking the comma at the end and inserting ; or ; and (C) by inserting after paragraph (9) the following: (10) who is subject to a court order that prohibits such person from having under the custody or control of the person, owning, purchasing, possessing, or receiving any firearms, . 6. Full faith and credit Any gun violence prevention order issued under a State law enacted in accordance with this Act shall have the same full faith and credit in every court within the United States as they have by law or usage in the courts of such State from which they are issued. 7. Severability If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.
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113-hr-4807
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I 113th CONGRESS 2d Session H. R. 4807 IN THE HOUSE OF REPRESENTATIVES June 5, 2014 Mr. Israel (for himself, Mr. Courtney , Mr. Gerlach , Mr. Cleaver , Ms. Shea-Porter , Mr. Rahall , and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for the award of a military service medal to members of the Armed Forces who served honorably during the Cold War, and for other purposes.
1. Short title This Act may be cited as the Cold War Service Medal Act of 2014 . 2. Cold War Service Medal (a) Medal authorized (1) In general Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section: 1136. Cold War Service Medal (a) Medal authorized The Secretary concerned may issue a service medal, to be known as the Cold War Service Medal , to persons eligible to receive the medal under subsection (c). (b) Design The Cold War Service Medal shall be of an appropriate design approved by the Secretary of Defense, with ribbons, lapel pins, and other appurtenances. (c) Eligible persons A person eligible to be issued the Cold War Service Medal is any person— (1) who— (A) served on active duty in the Armed Forces for not less than 24 consecutive months during the Cold War; or (B) was deployed as a member of the Armed Forces outside the continental United States for a period of at least 30 days during the Cold War; or (C) performed such other service in the Armed Forces during the Cold War as the Secretary of Defense may prescribe for purposes of this section; and (2) who, if discharged or released from the Armed Forces, was so discharged or released under honorable conditions after service in the armed forces characterized as honorable. (d) One medal authorized Not more than one Cold War Service Medal may be issued to any person. (e) Issuance to representative of deceased If a person described in subsection (c) dies before being issued the Cold War Service Medal, the medal may be issued to the person's representative, as designated by the Secretary concerned. (f) Replacement Under regulations prescribed by the Secretary concerned, a Cold War Service Medal that is lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued may be replaced without charge. (g) Regulations The issuance of a Cold War Service Medal shall be subject to such regulations as the Secretaries concerned shall prescribe for purposes of this section. The Secretary of Defense shall ensure that any regulations prescribed under this subsection are uniform to the extent practicable. (h) Cold War defined In this section, the term Cold War means the period beginning on September 2, 1945, and ending on December 26, 1991. . (2) Clerical amendment The table of sections at the beginning of chapter 57 of such title is amended by adding at the end the following new item: 1136. Cold War Service Medal. . (b) Sense of Congress It is the sense of Congress that the Secretary of Defense should take appropriate actions to expedite— (1) the design of the Cold War Service Medal provided for by section 1136 of title 10, United States Code (as added by subsection (a)); and (2) the establishment and implementation of mechanisms to facilitate the issuance of the Cold War Service Medal to persons eligible for the issuance of the medal under such section.
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113-hr-4808
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I 113th CONGRESS 2d Session H. R. 4808 IN THE HOUSE OF REPRESENTATIVES June 5, 2014 Mr. Kelly of Pennsylvania introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to prohibit the regulation of emissions of carbon dioxide from new or existing power plants under certain circumstances.
1. Short title This Act may be cited as the Coal Country Protection Act or the Protecting Jobs, Families, and the Economy From EPA Overreach Act . 2. Regulation of emissions of carbon dioxide from new or existing power plants (a) Limitation on regulation The Clean Air Act is amended by inserting after section 312 ( 42 U.S.C. 7612 ) the following: 313. Limitation on regulation of emissions of carbon dioxide from new or existing power plants (a) Definition of new or existing power plant In this section, the term new or existing power plant means a fossil fuel-fired power plant that commences operation at any time. (b) Limitation Notwithstanding any other provision of law (including regulations), the Administrator may not promulgate any regulation or guidance that limits or prohibits any new carbon dioxide emissions from a new or existing power plant, and no such regulation or guidance shall have any force or effect, until the date on which— (1) the Secretary of Labor certifies to the Administrator that the regulation or guidance will not generate any loss of employment; (2) the Director of the Congressional Budget Office certifies to the Administrator that the regulation or guidance will not result in any loss in the gross domestic product of the United States; (3) the Administrator of the Energy Information Administration certifies to the Administrator that the regulation or guidance will not generate any increase in electricity rates in the United States; and (4) the Chairperson of the Federal Energy Regulatory Commission and the President of the North American Electric Reliability Corporation certify to the Administrator the reliability of electricity delivery under the regulation or guidance. . (b) Technical correction The Clean Air Act is amended by redesignating the second section 317 ( 42 U.S.C. 7617 ) (relating to economic impact assessment) as section 318.
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113-hr-4809
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I 113th CONGRESS 2d Session H. R. 4809 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Mr. Campbell introduced the following bill; which was referred to the Committee on Financial Services A BILL To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.
1. Reauthorization Section 717(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2166(a) ) is amended by striking 2014 and inserting 2019 . 2. Defense Production Act Committee improvements Section 722 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2171 ) is amended— (1) in subsection (a)— (A) by striking advise the President and inserting coordinate and plan for ; and (B) by striking the authority and inserting the priorities and allocations authorities ; (2) in subsection (b), by amending paragraph (2) to read as follows: (2) The Chairperson of the Committee shall be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of the authorities in this Act. ; (3) by amending subsection (c) to read as follows: (c) Coordination of Committee activities The Chairperson shall appoint one person to coordinate all of the activities of the Committee, and such person shall— (1) be a full-time employee of the Federal Government; (2) report to the Chairperson; and (3) carry out such activities relating to the Committee as the Chairperson may determine appropriate. ; and (4) in subsection (d)— (A) by striking Not later than and all that follows through Committee shall submit and inserting the following: The Committee shall issue a report each year by March 31 ; (B) by striking each member of the Committee and inserting the Chairperson ; (C) in paragraph (1)— (i) by striking a review of the authority under this Act of and inserting a description of the contingency planning by ; and (ii) by inserting before the semicolon the following: for events that might require the use of the priorities and allocations authorities ; (D) in paragraph (2), by striking authority described in paragraph (1) and inserting priorities and allocations authorities in this Act ; (E) by amending paragraph (3) to read as follows: (3) recommendations for legislation actions, as appropriate, to support the effective use of the priorities and allocations authorities in this Act; ; (F) in paragraph (4), by striking all aspects of and all that follows through the end of the paragraph and inserting the use of the priorities and allocations authorities in this Act; ; and (G) by adding at the end the following: (5) up-to-date copies of the rules described under section 101(d)(1); and (6) short attestations signed by each member of the Committee stating their concurrence in the report. . 3. Updated rulemaking Section 101(d)(1) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2071(d)(1) ) is amended by striking not later than and all that follows through rules and inserting the following: issue, and annually review and update whenever appropriate, final rules . 4. Presidential determination Section 303(a) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2093(a) ) is amended— (1) in paragraph (5)— (A) by striking determines and inserting the following: , on a non-delegable basis, determines, with appropriate explanatory material and in writing, ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period and inserting ; and ; and (D) by adding at the end the following: (C) purchases, purchase commitments, or other action pursuant to this section are the most cost effective, expedient, and practical alternative method for meeting the need. ; and (2) in paragraph (6), by adding at the end the following: (C) Limitation If the taking of any action or actions under this section to correct an industrial resource shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, no such action or actions may be taken, unless such action or actions are authorized to exceed such amount by an Act of Congress. .
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113-hr-4810
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I 113th CONGRESS 2d Session H. R. 4810 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Secretary of Veterans Affairs to enter into contracts for the provision of hospital care and medical services at non-Department of Veterans Affairs facilities for Department of Veterans Affairs patients with extended waiting times for appointments at Department facilities, and for other purposes.
1. Short title This Act may be cited as the Veteran Access to Care Act of 2014 . 2. Provision of hospital care and medical services at non-Department of Veterans Affairs facilities for Department of Veterans Affairs patients with extended waiting times for appointments at Department facilities (a) In general As authorized by section 1710 of title 38, United States Code, the Secretary of Veterans Affairs (in this Act referred to as the Secretary ) shall enter into contracts with such non-Department facilities as may be necessary in order to furnish hospital care and medical services to covered veterans who are eligible for such care and services under chapter 17 of title 38, United States Code. To the greatest extent possible, the Secretary shall carry out this section using contracts entered into before the date of the enactment of this Act. (b) Covered veterans For purposes of this section, the term covered veteran means a veteran— (1) who is enrolled in the patient enrollment system under section 1705 of title 38, United States Code; (2) who— (A) has waited longer than the wait-time goals of the Veterans Health Administration (as of June 1, 2014) for an appointment for hospital care or medical services in a facility of the Department; (B) has been notified by a facility of the Department that an appointment for hospital care or medical services is not available within such wait-time goals; or (C) resides more than 40 miles from the medical facility of the Department of Veterans Affairs, including a community-based outpatient clinic, that is closest to the residence of the veteran; and (3) who makes an election to receive such care or services in a non-Department facility. (c) Follow-Up care In carrying out this section, the Secretary shall ensure that, at the election of a covered veteran who receives hospital care or medical services at a non-Department facility in an episode of care under this section, the veteran receives such hospital care and medical services at such non-Department facility through the completion of the episode of care (but for a period not exceeding 60 days), including all specialty and ancillary services deemed necessary as part of the treatment recommended in the course of such hospital care or medical services. (d) Report The Secretary shall submit to Congress a quarterly report on hospital care and medical services furnished pursuant to this section. Such report shall include information, for the quarter covered by the report, regarding— (1) the number of veterans who received care or services at non-Department facilities pursuant to this section; (2) the number of veterans who were eligible to receive care or services pursuant to this section but who elected to continue waiting for an appointment at a Department facility; (3) the purchase methods used to provide the care and services at non-Department facilities, including the rate of payment for individual authorizations for such care and services; and (4) any other matters the Secretary determines appropriate. (e) Definitions For purposes of this section, the terms facilities of the Department , non-Department facilities , hospital care , and medical services have the meanings given such terms in section 1701 of title 38, United States Code. (f) Implementation The Secretary shall begin implementing this section on the date of the enactment of this Act. (g) Construction Nothing in this section shall be construed to authorize payment for care or services not otherwise covered under chapter 17 of title 38, United States Code. (h) Termination The authority of the Secretary under this section shall terminate with respect to any hospital care or medical services furnished after the end of the 2-year period beginning on the date of the enactment of this Act, except that in the case of an episode of care for which hospital care or medical services is furnished in a non-Department facility pursuant to this section before the end of such period, such termination shall not apply to such care and services furnished during the remainder of such episode of care but not to exceed a period of 60 days. 3. Expanded access to hospital care and medical services (a) In general To the extent that appropriations are available for the Veterans Health Administration of the Department of Veterans Affairs for medical services, to the extent that the Secretary of Veterans Affairs is unable to provide access, within the wait-time goals of the Veterans Health Administration (as of June 1, 2014), to hospital care or medical services to a covered veteran who is eligible for such care or services under chapter 17 of title 38, United States Code, under contracts described in section 2, the Secretary shall reimburse any non-Department facility with which the Secretary has not entered into a contract to furnish hospital care or medical services for furnishing such hospital care or medical services to such veteran, if the veteran elects to receive such care or services from the non-Department facility. The Secretary shall reimburse the facility for the care or services furnished to the veteran at the greatest of the following rates: (1) VA payment rate The rate of reimbursement for such care or services established by the Secretary of Veterans Affairs. (2) Medicare payment rate The payment rate for such care or services or comparable care or services under the Medicare program under title XVIII of the Social Security Act. (3) TRICARE payment rate The reimbursement rate for such care or services furnished to a member of the Armed Forces under chapter 55 of title 10, United States Code. (b) Covered veterans For purposes of this section, the term covered veteran means a veteran— (1) who is enrolled in the patient enrollment system under section 1705 of title 38, United States Code; and (2) who— (A) has waited longer than the wait-time goals of the Veterans Health Administration (as of June 1, 2014) for an appointment for hospital care or medical services in a facility of the Department; (B) has been notified by a facility of the Department that an appointment for hospital care or medical services is not available within such wait-time goals after the date for which the veteran requests the appointment; or (C) who resides more than 40 miles from the medical facility of the Department of Veterans Affairs, including a community-based outpatient clinic, that is closest to the residence of the veteran. (c) Definitions For purposes of this section, the terms facilities of the Department , non-Department facilities , hospital care , and medical services have the meanings given such terms in section 1701 of title 38, United States Code. (d) Implementation The Secretary shall begin implementing this section on the date of the enactment of this Act. (e) Construction Nothing in this section shall be construed to authorize payment for care or services not otherwise covered under chapter 17 of title 38, United States Code. (f) Termination The authority of the Secretary under this section shall terminate with respect to care or services furnished after the date that is 2 years after the date of the enactment of this Act. 4. Independent assessment of Veterans Health Administration performance (a) Independent assessment required Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract or contracts with a private sector entity or entities with experience in the delivery systems of the Veterans Health Administration and the private sector and in health care management to conduct an independent assessment of hospital care and medical services furnished in medical facilities of the Department of Veterans Affairs. Such assessment shall address each of the following: (1) The current and projected demographics and unique care needs of the patient population served by the Department of Veterans Affairs. (2) The current and projected health care capabilities and resources of the Department, including hospital care and medical services furnished by non-Department facilities under contract with the Department, to provide timely and accessible care to eligible veterans. (3) The authorities and mechanisms under which the Secretary may furnish hospital care and medical services at non-Department facilities, including an assessment of whether the Secretary should have the authority to furnish such care and services at such facilities through the completion of episodes of care. (4) The appropriate system-wide access standard applicable to hospital care and medical services furnished by and through the Department of Veterans Affairs and recommendations relating to access standards specific to individual specialties and standards for post-care rehabilitation. (5) The current organization, processes, and tools used to support clinical staffing and documentation. (6) The staffing levels and productivity standards, including a comparison with industry performance percentiles. (7) Information technology strategies of the Veterans Health Administration, including an identification of technology weaknesses and opportunities, especially as they apply to clinical documentation of hospital care and medical services provided in non-Department facilities. (8) Business processes of the Veterans Health Administration, including non-Department care, insurance identification, third-party revenue collection, and vendor reimbursement. (b) Assessment outcomes The assessment conducted pursuant to subsection (a) shall include the following: (1) An identification of improvement areas outlined both qualitatively and quantitatively, taking into consideration Department of Veterans Affairs directives and industry benchmarks from outside the Federal Government. (2) Recommendations for how to address the improvement areas identified under paragraph (1) relating to structure, accountability, process changes, technology, and other relevant drivers of performance. (3) The business case associated with making the improvements and recommendations identified in paragraphs (1) and (2). (4) Findings and supporting analysis on how credible conclusions were established. (c) Program integrator If the Secretary enters into contracts with more than one private sector entity under subsection (a), the Secretary shall designate one such entity as the program integrator. The program integrator shall be responsible for coordinating the outcomes of the assessments conducted by the private entities pursuant to such contracts. (d) Submittal of reports to Congress (1) Report on independent assessment Not later than 10 months after entering into the contract under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives the findings and recommendations of the independent assessment required by such subsection. (2) Report on VA action plan to implement recommendations in assessment Not later than 120 days after the date of submission of the report under paragraph (1), the Secretary shall submit to such Committees on the Secretary’s response to the findings of the assessment and shall include an action plan, including a timeline, for fully implementing the recommendations of the assessment. 5. Limitation on awards and bonuses to employees of Department of Veterans Affairs For each of fiscal years 2014 through 2016, the Secretary of Veterans Affairs may not pay awards or bonuses under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title. 6. OMB estimate of budgetary effects and needed transfer authority Not later than 30 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall transmit to the Committees on Appropriations, the Budget, and Veterans’ Affairs of the House of Representatives and of the Senate— (1) an estimate of the budgetary effects of sections 2 and 3; (2) any transfer authority needed to utilize the savings from section 5 to satisfy such budgetary effects; and (3) if necessary, a request for any additional budgetary resources, or transfers or reprogramming of existing budgetary resources, necessary to provide funding for sections 2 and 3.
Passed the House of Representatives June 10, 2014. Karen L. Haas, Clerk.
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113-hr-4811
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I 113th CONGRESS 2d Session H. R. 4811 IN THE HOUSE OF REPRESENTATIVES June 9, 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; (B) when issuing guidance in final form, make available to the public, including on the website of the Bureau, all studies, data, methodologies, analyses, and other information relied on by the Bureau in preparing and issuing such guidance; and (C) redact any information that is exempt from disclosure under paragraphs (3), (4), (6), (7), or (8) of section 552(b) of title 5, United States Code. . 3. Ensuring transparency and public participation for fair guidance (a) Bulletin 2013–02 Bulletin 2013–02 of the Bureau of Consumer Financial Protection (published March 21, 2013) shall have no force or effect. (b) Rule of construction This section shall not be construed as prohibiting the Bureau of Consumer Financial Protection from issuing guidance on the same topic as Bulletin 2013–02, so long as such guidance is issued in compliance with section 1022(b)(5) of the Consumer Financial Protection Act of 2010.
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113-hr-4812
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I 113th CONGRESS 2d Session H. R. 4812 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Mr. Richmond (for himself, Mr. Hudson , and Mr. Palazzo ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend title 49, United States Code, to require the Administrator of the Transportation Security Administration to establish a process for providing expedited and dignified passenger screening services for veterans traveling to visit war memorials built and dedicated to honor their service, and for other purposes.
1. Short title This Act may be cited as the Honor Flight Act . 2. Honor Flight Program Title 49, United States Code, is amended by adding after section 44927 the following new section: 44928. Honor Flight Program The Administrator of the Transportation Security Administration shall establish, in collaboration with the Honor Flight Network or other not-for-profit organization that honors veterans, a process for providing expedited and dignified passenger screening services for veterans traveling on an Honor Flight Network private charter, or such other not-for-profit organization that honors veterans, to visit war memorials built and dedicated to honor the service of such veterans. .
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113-hr-4813
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I 113th CONGRESS 2d Session H. R. 4813 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Mr. McKinley (for himself, Mr. Rahall , Mr. Duncan of South Carolina , Mrs. Capito , Mr. Cotton , Mr. Cramer , Mr. Rodney Davis of Illinois , Mr. Weber of Texas , Mr. Tiberi , Mr. Hall , Mr. Huelskamp , Mr. Young of Alaska , Mr. Barr , Mr. Bilirakis , Mr. Fleming , Mr. Harper , Mr. Jones , Mrs. Blackburn , Mr. Salmon , Mrs. Walorski , Mr. Pompeo , Mr. Neugebauer , Mr. Roe of Tennessee , Mr. Olson , Mr. Farenthold , Mr. Griffin of Arkansas , Mr. Nugent , Mrs. Lummis , Mr. Miller of Florida , Mr. Massie , Mrs. McMorris Rodgers , Mr. Ribble , Mr. Carter , Mr. Johnson of Ohio , Mr. Yoho , Mr. Cassidy , Mr. Gosar , Mr. Stockman , Mr. Meadows , Mr. Womack , Mr. Fincher , Mr. Conaway , Mr. Rokita , Mr. Nunnelee , Mr. Bridenstine , Mr. McClintock , Mr. Pearce , Mr. Pitts , Mr. Gibbs , Mr. Bucshon , Mr. Crawford , Mr. Thornberry , Mr. Collins of New York , Mr. Stivers , Mr. Sessions , Mr. Franks of Arizona , Mr. Cook , Mr. Duncan of Tennessee , Mr. Crenshaw , Mr. Latta , Mrs. Noem , Mr. Wilson of South Carolina , Mr. Woodall , Mr. Smith of Texas , Mr. Palazzo , Mr. Terry , Mr. Guthrie , Mr. Kline , Mr. Sam Johnson of Texas , and Mr. DeSantis ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To nullify certain rules of the Environmental Protection Agency relating to greenhouse gas emissions from existing, new, and modified or reconstructed electric utility generating units.
1. Short title This Act may be cited as the Protection and Accountability Regulatory Act of 2014 . 2. Nullification of EPA rules for greenhouse gas emissions from existing, new, and modified or reconstructed power plants (a) In general The following rules of the Environmental Protection Agency shall have no force or effect: (1) The proposed rule entitled Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units (Docket No. EPA–HQ–OAR–2013–0602) signed by the Administrator of the Agency on June 2, 2014. (2) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units 79 Fed. Reg. 1430 (Jan. 8, 2014). (3) The proposed rule entitled Carbon Pollution Standards for Modified and Reconstructed Stationary Sources: Electric Utility Generating Units (Docket No. EPA–HQ–OAR–2013–0603) signed by the Administrator of the Agency on June 2, 2014. (b) Subsequent rules During the 5-year period beginning on the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall not issue or implement any rule that is substantially similar to a rule described in subsection (a) unless a Federal law is enacted (subsequent to the date of enactment of this Act) specifically authorizing such a rule.
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113-hr-4814
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I 113th CONGRESS 2d Session H. R. 4814 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Mr. Marino (for himself and Mr. Lewis ) 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 improve the understanding of, and promote access to treatment for, chronic kidney disease, and for other purposes.
1. Short title This Act may be cited as the Chronic Kidney Disease Improvement in Research and Treatment 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—Improving Understanding of Chronic Kidney Disease through Expanded Research and Coordination Sec. 101. Identifying gaps in chronic kidney disease research. Sec. 102. Coordinating research on chronic kidney disease. Sec. 103. Understanding the progression of kidney disease and treatment of kidney failure in minority populations. Title II—Promoting Access to Chronic Kidney Disease Treatments Sec. 201. Increasing access to Medicare kidney disease education benefit. Sec. 202. Improving access to chronic kidney disease treatment in underserved rural and urban areas. Sec. 203. Promoting access to home dialysis treatments. Sec. 204. Expand access for patients with acute kidney injury. Title III—Creating Economic Stability for Providers Caring for Individuals with Chronic Kidney Disease Sec. 301. Stabilizing Medicare payments for services provided to beneficiaries with stage V chronic kidney disease receiving dialysis services. Sec. 302. Allowing individuals with kidney failure to retain access to private insurance. Sec. 303. Providing individuals with kidney failure access to managed care and coordinated care programs. I Improving Understanding of Chronic Kidney Disease through Expanded Research and Coordination 101. Identifying gaps in chronic kidney disease research (a) Report Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall develop and submit to the Congress a comprehensive report assessing the adequacy of Federal expenditures in chronic kidney disease research relative to Federal expenditures for chronic kidney disease care. (b) Contents The report required by this section shall— (1) analyze the current chronic kidney disease research projects being funded by Federal agencies; (2) identify, including by surveying the kidney care community, areas of chronic kidney disease knowledge gaps that are not part of current Federal research efforts; (3) report on the level of Federal expenditures on kidney research as compared to the amount of Federal expenditures on treating individuals with chronic kidney disease; and (4) identify areas of kidney failure knowledge gaps in research to assess treatment patterns associated with providing care to minority populations that are disproportionately affected by kidney failure. 102. Coordinating research on chronic kidney disease (a) Interagency committee The Secretary of Health and Human Services shall establish and maintain an interagency committee for the purpose of improving the coordination of chronic kidney disease research. (b) Reports For the purpose described in subsection (a), the interagency committee established under such subsection shall issue public reports that— (1) include a strategic plan, including recommendations for— (A) improving communication and coordination among Federal agencies; (B) procedures for monitoring Federal chronic kidney disease research activities; and (C) ways to maximize the efficiency of the Federal chronic kidney disease research investment and minimize the potential for unnecessary duplication; (2) include a portfolio analysis that provides information on chronic kidney disease research projects, organized by the strategic plan objectives; and (3) address such other topics as the interagency committee determines appropriate. (c) Meetings The interagency committee established under subsection (a) shall meet not less than semi-annually. 103. Understanding the progression of kidney disease and treatment of kidney failure in minority populations Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) complete a study on— (A) the social, behavioral, and biological factors leading to kidney disease; (B) efforts to slow the progression of kidney disease in minority populations that are disproportionately affected by such disease; and (C) treatment patterns associated with providing care, under the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, and through private health insurance, to minority populations that are disproportionately affected by kidney failure; and (2) submit a report to the Congress on the results of such study. II Promoting Access to Chronic Kidney Disease Treatments 201. Increasing access to Medicare kidney disease education benefit (a) In general Section 1861(ggg) of the Social Security Act (42 U.S.C. 1395x(ggg)) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by inserting or stage V after stage IV ; (B) in subparagraph (B), by inserting or of a physician assistant, nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)) assisting in the treatment of the individual’s kidney condition after kidney condition ; and (2) in paragraph (2)— (A) by striking subparagraph (B); and (B) in subparagraph (A)— (i) by striking (A) after (2) ; (ii) by striking and at the end of clause (i); (iii) by striking the period at the end of clause (ii) and inserting ; and ; (iv) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (v) by adding at the end the following: (C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who— (i) provide the services described in paragraph (1); and (ii) is a physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as defined in subsection (aa)(5)). . (b) Payment to renal dialysis facilities Section 1881(b) of such Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: (15) For purposes of paragraph (14), the single payment for renal dialysis services under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ggg)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848. . (c) Effective date The amendments made by this section apply to kidney disease education services furnished on or after January 1, 2015. 202. Improving access to chronic kidney disease treatment in underserved rural and urban areas (a) Definition of primary care services Section 331(a)(3)(D) of the Public Health Service Act (42 U.S.C. 254d(a)(3)(D)) is amended by inserting and includes renal dialysis services before the period at the end. (b) National Health Service Corps Scholarship Program Section 338A(a)(2) of the Public Health Service Act (42 U.S.C. 254l(a)(2)) is amended by inserting , including nephrologists and non-physician practitioners providing renal dialysis services before the period at the end. (c) National Health Service Corps Loan Repayment Program Section 338B(a)(2) of the Public Health Service Act (42 U.S.C. 254l–1(a)(2)) is amended by inserting , including nephrologists and non-physician practitioners providing renal dialysis services before the period at the end. 203. Promoting access to home dialysis treatments (a) Monthly capitation payments Notwithstanding any other provision of law, with respect to dialysis services furnished on or after January 1, 2015, the Secretary of Health and Human Services shall apply with respect to visits by a physician provided within a month to an end stage renal disease patient receiving dialysis services at home, the alternative Medicare billing procedures, as described in the final rule promulgated by the Secretary in the Federal Register on November 7, 2003 (68 Fed. Reg. 63216), for physicians managing patients on dialysis, with respect to visits by such a physician provided within a month to an end stage renal disease patient who is hospitalized during the month. (b) Telehealth Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: (IX) A renal dialysis facility (as defined in section 1881). . 204. Expand access for patients with acute kidney injury Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended— (1) in paragraph (1), by inserting or acute kidney injury after individuals who have been determined to have end stage renal disease ; (2) in paragraph (2)(A), by inserting or acute kidney injury after end stage renal disease ; (3) in paragraph (2)(B), by inserting or acute kidney injury after end stage renal disease ; (4) in paragraph (3), in the matter preceding subparagraph (A), by inserting or acute kidney injury after end stage renal disease ; (5) in paragraph (11)(A), by inserting or acute kidney injury after end stage renal disease ; (6) in paragraph (11)(B), by inserting or acute kidney injury after end stage renal disease ; (7) in paragraph (14)(B)— (A) in clause (ii), by inserting or acute kidney injury after end stage renal disease ; (B) in clause (iii), by inserting or acute kidney injury after end stage renal disease ; and (C) in clause (iv), by inserting or acute kidney injury after end stage renal disease ; and (8) in paragraph (14)(H)(i), by inserting or acute kidney injury after end stage renal disease . III Creating Economic Stability for Providers Caring for Individuals with Chronic Kidney Disease 301. Stabilizing Medicare payments for services provided to beneficiaries with stage V chronic kidney disease receiving dialysis services Section 1881(b)(14) of the Social Security Act (42 U.S.C. 1395rr(b)(14)) is amended— (1) in subparagraph (D), in the matter preceding clause (i), by striking Such system and inserting Subject to subparagraph (J), such system ; and (2) by adding at the end the following new subparagraph: (J) (i) For payment for renal dialysis services furnished on or after January 1, 2015, under the system under this paragraph— (I) the payment adjustment described in clause (i) of subparagraph (D) shall not take into account comorbidities; (II) the payment adjustment described in clause (ii) of such subparagraph shall not be included; (III) the standardization factor described in the final rule published in the Federal Register on November 8, 2012 (77 Fed. Reg. 67470), shall be established using the most currently available data (and not historical data) and adjusted on an annual basis, based on such available data, to account for any change in utilization of drugs and any modification in adjustors applied under this paragraph; and (IV) the Secretary shall take into account reasonable costs consistent with paragraph (2)(B) when calculating such payments. (ii) Not later than January 1, 2015, the Secretary shall amend the ESRD facility cost report to— (I) include the per treatment network fee (as described in paragraph (7)) as an allowable cost; and (II) eliminate the limitation for reporting medical director fees on such reports in order to take into account the wages of a board-certified nephrologist. . 302. Allowing individuals with kidney failure to retain access to private insurance (a) In general Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C.1395y(b)(1)(C) is amended— (1) in the last sentence, by inserting and before January 1, 2015 after prior to such date ; and (2) by adding at the end the following new sentence: Effective for items and services furnished on or after January 1, 2015 (with respect to periods beginning on or after the date that is 42 months prior to such date), clauses (i) and (ii) shall be applied by substituting 42-month for 12-month each place it appears. . (b) Effective date The amendments made by this subsection shall take effect on the date of enactment of this Act. For purposes of determining an individual’s status under section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)), as amended by subsection (a), an individual who is within the coordinating period as of the date of enactment of this Act shall have that period extended to the full 42 months described in the last sentence of such section, as added by the amendment made by subsection (a)(2). 303. Providing individuals with kidney failure access to managed care and coordinated care programs (a) Expanding access to Medicare Advantage (1) Eligibility under Medicare Advantage (A) In general Section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w–21(a)(3)) is amended— (i) by striking subparagraph (B); and (ii) by striking eligible individual.— and all that follows through In this title and inserting eligible individual.— In this title . (B) Conforming amendment Section 1852(b)(1) of the Social Security Act (42 U.S.C. 1395w–22(b)(1)) is amended— (i) by striking subparagraph (B); and (ii) by striking Beneficiaries.— and all that follows through A Medicare+Choice organization and inserting Beneficiaries.— A Medicare Advantage organization . (C) Effective date The amendments made by this paragraph shall apply with respect to plan years beginning on or after January 1, 2015. (2) Education Section 1851(d)(2)(A)(iii) of the Social Security Act (42 U.S.C. 1395w–21(d)(2)(A)(iii)) is amended by inserting before the period at the end the following , including any additional information that individuals determined to have end stage renal disease may need to make informed decisions with respect to such an election . (3) Quality metrics Section 1852(e)(3)(A) of the Social Security Act (42 U.S.C. 1395w–22(e)(3)(A)) is amended by adding at the end the following new clause: (v) Requirements with respect to individuals with ESRD In addition to the data required to be collected, analyzed, and reported under clause (i) and notwithstanding the limitations under subparagraph (B), as part of the quality improvement program under paragraph (1), each MA organization shall provide for the collection, analysis, and reporting of data, determined in consultation with the kidney care community, that permits the measurement of health outcomes and other indices of quality with respect to individuals determined to have end stage renal disease. . (b) Permanent extension of Medicare Advantage ESRD Special Needs Plans authority Section 1859(f)(1) of the Social Security Act (42 U.S.C. 1395w–28(f)(1)) is amended by inserting , in the case of a specialized MA plan for special needs individuals who have not been determined to have end stage renal disease, before for periods before January 1, 2017 . (c) Voluntary ESRD coordinated care gainsharing program (1) In general Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: (15) (A) Not later than January 1, 2016, the Secretary shall, in accordance with this paragraph, establish an ESRD Care Coordination gainsharing program for nephrologists, renal dialysis facilities, and providers of services that develop coordinated care organizations to provide a full range of clinical and supportive services (as described in subparagraph (D)) to individuals determined to have end stage renal disease. (B) Under such program, subject to subparagraph (C), the payment amounts renal dialysis facilities and providers of services described in subparagraph (A) would otherwise receive under paragraph (14) and nephrologists described in subparagraph (A) would otherwise receive under section 1848 with respect to dialysis services furnished by such a facility, provider, or nephrologist during a year, shall be increased by a portion of the amount (as determined by the Secretary) of actual reductions in expenditure under this title attributable to the coordinated care organization developed by such facility, provider, or nephrologist involved, taking into account non-dialysis expenditures under parts A and B, during the preceding calendar year. The payment amount under this subparagraph shall be provided to a nephrologist, renal dialysis facility, and provider of services that developed the coordinated care organization no later than March 31 of the year after the year during which such services are provided by such nephrologist, facility, or provider. (C) The aggregate incentive payment amounts provided under such program for a year may not exceed the amount equal to 2 percent less than the estimated total amount of non-dialysis expenditures under parts A and B for 2016 for items and services that are not related to dialysis or transplant services. (D) For purposes of subparagraph (A), the full range of clinical and supportive services includes at least the following: (i) Primary care and other preventative services. (ii) Specialty care for co-morbidities or non-renal acute conditions, including at least podiatry, cardiology, and orthopedics. (iii) Vascular access. (iv) Laboratory testing and diagnostic imaging. (v) Pharmacy care management. (vi) Patient, family, and caregiver education. (vii) Psychiatric, behavioral therapy, and counseling services. (E) In providing payment incentive amounts under such program, the Secretary shall apply a risk adjustment methodology that— (i) uses risk adjuster factors applied under part C; and (ii) adjusts such payments to exclude the top 2 percent of outliers. (F) In establishing such program, the Secretary shall ensure that each of the following is satisfied: (i) The program allows for all types and sizes of renal dialysis facilities and providers of services described in subparagraph (A), including profit and not-for-profit, urban and rural, as well as all other types and sizes of such facilities and providers, to participate. (ii) The program rewards high quality, efficient facilities and providers through gain-sharing. (iii) For purposes of determining the actual reductions in expenditures under this title attributable to a coordinated care organization described in subparagraph (A), the program includes a market-based benchmark system that will not be rebased against which such expenditures shall be compared. (iv) The program results in reductions of expenditures under parts A and B for services that are not dialysis-related services. (v) The program allows new applicants to participate in the program after the initial implementation period. (vi) The program establishes clear quality metrics in consultation with the kidney care community. (vii) The program provides for waivers of Federal laws or requirements, in consultation with interested stakeholders. (viii) Under such program the Secretary attributes individuals described in subparagraph (A) who receive treatment through a care coordination organization described in such subparagraph to such organization rather than to any other payment model that requires beneficiary attribution. (ix) Under such program the Secretary provides quarterly Medicare parts A and B claims data to facilities and providers described in subparagraph (A) participating in such program. (G) Not later than three years after the date of the implementation of the ESRD Care Coordination gainsharing program, the Secretary shall submit to the Congress a report on the waivers granted under subparagraph (F)(vii) and the effectiveness of such waivers in allowing the coordination of care. . (2) Conforming amendments (A) Section 1881 Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended— (i) in each of paragraphs (12)(A) and (13)(A), by striking paragraph (14) and inserting paragraphs (14) and (15) ; and (ii) in paragraph (14)(A)(i), by inserting and paragraph (15) after Subject to subparagraph (E) . (B) Section 1848 Section 1848 of the Social Security Act (42 U.S.C. 1395w–4) is amended by adding at the end the following new subsection: (q) Voluntary ESRD coordinated care program For provisions related to incentive payment amounts to nephrologists under the ESRD Care Coordination gainsharing program, see section 1881(b)(15). . (d) Patient information requirement The Secretary of Health and Human Services shall require hospitals that furnish items and services to individuals entitled to benefits under part A of title XVIII of the Social Security Act or eligible for benefits under part B of such title and who subsequently receive dialysis services at a renal dialysis facility (as defined in section 1881 of such Act (42 U.S.C. 1395rr)) to provide to such facility health information with respect to such individual, including a discharge summary and co-morbidity information, upon request of the facility, not later than 7 days after notification by the hospital of the provision of such services to such individual or of the determination that such individual has end stage renal disease, as applicable.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4814ih/xml/BILLS-113hr4814ih.xml
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113-hr-4815
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I 113th CONGRESS 2d Session H. R. 4815 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to provide career education pathways in manufacturing.
1. Short title This Act may be cited as the American Manufacturing Jobs for Students Act . 2. Career education pathways Section 5421 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245) is amended— (1) in subsection (a)(2)— (A) by striking and at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ; and ; and (C) by adding at the end the following: (D) significantly engage students, in a coordinated effort with local manufacturing employers, teachers, students, and parents, to promote careers in the manufacturing field. ; and (2) in subsection (c)(2)— (A) by striking and at the end of subparagraph (K); (B) by striking the period at the end of subparagraph (L) and inserting ; and ; and (C) by adding at the end the following: (M) provide students in grades 7 through 12 with— (i) information on career and educational pathways leading to jobs and career opportunities in the labor markets of the geographic area of the local educational agency of the school, particularly in the manufacturing field; and (ii) opportunities for interaction with employers of such labor markets, with preference given to employers in the manufacturing field, including opportunities to visit the workplaces of such employers to facilitate a greater understanding of the job requirements, job opportunities, and what the job entails. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4815ih/xml/BILLS-113hr4815ih.xml
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113-hr-4816
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I 113th CONGRESS 2d Session H. R. 4816 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Mr. Honda (for himself, Mr. Grijalva , Mrs. Napolitano , Mr. Higgins , Ms. Bordallo , Mr. Conyers , Mr. Keating , Mrs. Kirkpatrick , Ms. Lee of California , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , 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 establish in the Department of Veterans Affairs a national center for the diagnosis, treatment, and research of health conditions of the descendants of veterans exposed to toxic substances during service in the Armed Forces, to provide certain services to those descendants, to establish an advisory board on exposure to toxic substances, and for other purposes.
1. Short title This Act may be cited as the Toxic Exposure Research and Military Family Support Act of 2014 . 2. Definitions In this Act: (1) Armed Force The term Armed Force means the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, including the reserve components thereof. (2) Descendant The term descendant means, with respect to an individual, the biological child, grandchild, or great-grandchild of that individual. (3) Toxic substance The term toxic substance shall have the meaning given that term by the Secretary of Veterans Affairs and shall include all substances that have been proven by peer reviewed scientific research or a preponderance of opinion in the medical community to lead to disabilities related to the exposure of an individual to those substances while serving as a member of the Armed Forces. (4) Veteran The term veteran has the meaning given that term in section 101 of title 38, United States Code. 3. National center for the diagnosis, treatment, and research of health conditions of the descendants of individuals exposed to toxic substances during service in the Armed Forces (a) National center (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall select a medical center of the Department of Veterans Affairs to serve as the national center for the diagnosis, treatment, and research of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure (in this section referred to as the Center ). (2) Criteria for selection The Center shall be selected under paragraph (1) from among medical centers of the Department with expertise in diagnosing and treating functional and structural birth defects and caring for individuals exposed to toxic substances, or that are affiliated with research medical centers or teaching hospitals with such expertise, that seek to be selected under this section. (b) Functions (1) Diagnosis and treatment (A) In general The Center may diagnose and treat, without charge, each patient for whom the Secretary of Veterans Affairs has made the following determinations: (i) The patient is a descendant of an individual who served as a member of the Armed Forces. (ii) The individual was exposed to a toxic substance while serving as a member of the Armed Forces. (iii) The patient is afflicted with a health condition that is determined by the advisory board established in section 4 to be a health condition that results from the exposure of that individual to that toxic substance. (B) Treatment Treatment under this section is limited to treatment of health conditions for which the advisory board established in section 4 has made a determination described in subparagraph (A)(iii). (C) Additional diagnosis and treatment Nothing in this section shall preclude a patient from receiving additional diagnosis or treatment at the Center or another facility of the Department in connection with other health conditions or benefits to which the individual is entitled under laws administered by the Secretary. (D) Recommendations for future treatment Recommendations for future treatment of a patient shall be transmitted to a primary care provider for that patient, with follow-up consultations with the Center scheduled as appropriate. (E) Use of records (i) In general The Secretary of Defense or the head of a Federal agency may make available to the Secretary of Veterans Affairs for review records held by the Department of Defense, an Armed Force, or that Federal agency, as appropriate, that might assist the Secretary of Veterans Affairs in making the determinations required by subparagraph (A). (ii) Mechanism The Secretary of Veterans Affairs and the Secretary of Defense or the head of the appropriate Federal agency may jointly establish a mechanism for the availability and review of records by the Secretary of Veterans Affairs under clause (i). (2) Research The Center may conduct research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure. (3) Agent Orange conditions The Center, in coordination with the National Birth Defect Registry, shall track and research the genetic link between individuals who are exposed to Agent Orange and the medical conditions of the children of such individuals. (c) Social workers The Center shall employ not less than one licensed clinical social worker to coordinate access of patients to appropriate Federal, State, and local social and healthcare programs and to handle case management. (d) Reimbursement for necessary travel and room and board The Center may reimburse any parent, guardian, spouse, or sibling who accompanies a patient diagnosed or treated pursuant to this section for the reasonable cost of— (1) travel to the Center for diagnosis or treatment of the patient pursuant to this section; and (2) room and board during the period in which the patient is undergoing diagnosis or treatment at the Center pursuant to this section. (e) Report Not less frequently than annually, the Center shall submit a report to Congress that includes the following: (1) A summary of the extent and nature of care provided pursuant to this section. (2) A summary of the research efforts of the Center under this section that have been completed within the previous year and that are ongoing as of the date of the submission of the report under this subsection. 4. Advisory board (a) Establishment Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory board (in this section referred to as the Advisory Board ) to advise the Center established under section 3, to determine which health conditions result from exposure to toxic substances, and to study and evaluate cases of exposure of current and former members of the Armed Forces to toxic substances if such exposure is related the service of the member in the Armed Forces. (b) Membership (1) Composition Not later than 150 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Health and Human Services and other heads of Federal agencies as the Secretary of Veterans Affairs determines appropriate, select not less than 13 members of the Advisory Board, of whom— (A) not less than three shall be members of organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986; (B) not less than one shall be— (i) a descendant of an individual who was exposed to toxic substances while serving as a member of the Armed Forces and the descendant has manifested a birth defect or functional disability as a result of the exposure of that individual; or (ii) a parent, child, or grandchild of that descendant; and (C) additional members may be selected from among— (i) health professionals, scientists, and academics with expertise in— (I) birth defects; (II) developmental disabilities; (III) epigenetics; (IV) public health; (V) the science of environmental exposure or environmental exposure assessment; or (VI) the science of toxic substances; (ii) social workers; and (iii) advocates for veterans or members of the Armed Forces. (2) Chairperson The Secretary shall select a Chairperson from among the members of the Advisory Board. (3) Terms Each member of the Advisory Board shall serve a term of two or three years as determined by the Secretary. (c) Duties (1) Advisory role with respect to the Center With respect to the Center established under section 3, the Advisory Board shall— (A) oversee and assess the work of the Center; and (B) advise the Secretary of Veterans Affairs on— (i) issues related to the provision of treatment and care at the Center; (ii) issues related to the research conducted at the Center; and (iii) the particular benefits and services required by the descendants of individuals exposed to toxic substances while serving as members of the Armed Forces. (2) Determination that health conditions resulted from toxic exposure The Advisory Board shall determine which health conditions in descendants of individuals exposed to toxic substances while serving as members of the Armed Forces are health conditions that resulted from the exposure of that individual to that toxic substance for purposes of eligibility for the following: (A) Treatment of that descendant at the Center established under section 3. (B) Medical care for that descendant under section 1781 of title 38, United States Code. (C) Support for the family caregiver of that descendant under section 1720G(a) of such title. (D) Support for the caregiver of that descendant under section 1720G(b) of such title. (3) Study and consideration of toxic substance exposure claims (A) In general The Advisory Board shall study and evaluate claims of exposure to toxic substances by current and former members of the Armed Forces that is related to the service of the member in the Armed Forces. (B) Submission of claims Claims of exposure described in subparagraph (A) may be submitted to the Advisory Board in such form and in such manner as the Secretary of Veterans Affairs may require by any of the following individuals or entities: (i) A member of the Armed Forces. (ii) A veteran. (iii) A descendant of a member of the Armed Forces. (iv) A descendant of a veteran. (v) A veterans advocacy group. (vi) An official of the Department of Veterans Affairs with responsibility or experience monitoring the health of current and former members of the Armed Forces. (vii) An official of the Department of Defense with responsibility or experience monitoring the health of current and former members of the Armed Forces. (C) Consideration of claims Not later than 180 days after receiving a claim submitted pursuant to subparagraph (B), the Advisory Board shall consider the claim and take one of the following actions: (i) If the Advisory Board determines that exposure to a toxic substance occurred to a degree that an individual exposed to that substance may have or develop a medical condition that would qualify that individual for health care or compensation from the Department of Veterans Affairs or the Department of Defense, the Advisory Board shall submit to the Secretary of Veterans Affairs a report described in subparagraph (D). (ii) If the Advisory Board determines that further consideration of the claim is necessary to adequately assess the extent of exposure, the Advisory Board shall refer the claim to the Office of Extramural Research established under section 5 to conduct further research and report its findings to the Advisory Board. (iii) If the Advisory Board determines that exposure to a toxic substance did not occur or occurred to a negligible extent, the Advisory Board shall report such determination to the Secretary of Veterans Affairs. (D) Report If the Advisory Board makes a determination under subparagraph (C)(i), the Advisory Board shall submit to the Secretary of Veterans Affairs a report that contains the following: (i) Evidence used by the Advisory Board in making the determination under subparagraph (C)(i), including, if appropriate, the following: (I) Scientific research, including any research conducted by the Office of Extramural Research established under section 5. (II) Peer-reviewed articles from scientific journals relating to exposure to toxic substances. (III) Medical research conducted by the Department of Veterans Affairs, the Department of Defense, or the medical community. (ii) Recommendations on the extent to which the Department of Veterans Affairs or the Department of Defense should provide health care, benefits, or other compensation with respect to exposure to a toxic substance to the following individuals: (I) An individual exposed to a toxic substance as determined under subparagraph (C)(i). (II) A descendant of that individual. (iii) Information on cost and attributable exposure, as defined in regulations prescribed pursuant to this Act. (E) Publication of evidence (i) In general Except as provided in clause (ii), the Secretary shall publish in the Federal Register the evidence described in clause (i) of subparagraph (D) that is submitted with the report required by that subparagraph. (ii) Exception Such evidence may not be published if the Secretary determines that preventing such publication— (I) is in the national security interest of the United States; or (II) protects the privacy interests of individuals exposed to toxic substances. (F) Subpoena authority The Advisory Board may require by subpoena the attendance and testimony of witnesses necessary to consider claims of exposure to toxic substances under this paragraph. (G) Cooperation of Federal Agencies The head of each relevant Federal agency, including the Administrator of the Environmental Protection Agency, shall cooperate fully with the Advisory Board for purposes of considering claims of exposure to toxic substances under this paragraph. (d) Meetings The Advisory Board shall meet at the call of the Chair, but not less frequently than semiannually. (e) Compensation (1) In general The members of the Advisory Board shall serve without compensation. (2) Travel expenses The members of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Board. (f) Personnel (1) In general The Chairperson may, without regard to the civil service laws and regulations, appoint an executive director of the Advisory Board, who shall be a civilian employee of the Department of Veterans Affairs, and such other personnel as may be necessary to enable the Advisory Board to perform its duties. (2) Approval The appointment of an executive director under paragraph (1) shall be subject to approval by the Advisory Board. (3) Compensation The Chairperson may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. 5. Office of extramural research (a) Office Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an Office of Extramural Research (in this section referred to as the Office )— (1) to conduct research on wounds, illnesses, injuries, and other conditions suffered by individuals as a result of exposure to toxic substances while serving as members of the Armed Forces; and (2) to assist the Advisory Board established under section 4 in the consideration of claims of exposure to toxic substances. (b) Director The Secretary of Veterans Affairs shall select a Director of the Office. (c) Grants (1) In general Subject to approval by the advisory council established under subsection (e), the Director may award grants to reputable scientists and epidemiologists to carry out this section. (2) Exception The Director may not award grants to individuals or organizations associated with or having an interest in a chemical company or any other organization that the Secretary determines may have an interest in the increased use of toxic substances. (d) Support to Advisory Board Not later than 180 days after receiving a request from the Advisory Board established under section 4 to review a claim of exposure pursuant to subsection (c)(3)(C)(ii) of that section, the Office shall submit a report to the Advisory Board with one of the following determinations: (1) A determination that exposure to a toxic substance occurred to a degree that an individual exposed to that substance may have or develop a medical condition that would qualify that individual for health care or compensation from the Department of Veterans Affairs or the Department of Defense. (2) A determination that further study of the claim is necessary, to be carried out by, or under the direction of, the Office in coordination with the Advisory Board. (3) A determination that exposure to a toxic substance did not occur or occurred to a negligible extent. (e) Advisory council (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory council (in this section referred to as the Council ) for the Office established under this section. (2) Membership (A) Composition (i) In general The Secretary of Veterans Affairs shall, in consultation with the Secretary of Health and Human Services and any other heads of Federal agencies as the Secretary of Veterans Affairs determines appropriate, select 11 members of the Council, of whom— (I) not less than three shall be members of organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986; and (II) additional members may be selected from among— (aa) environmental epidemiologists; (bb) academics; and (cc) veterans or the descendants of veterans. (ii) Requirements for scientists When considering individuals who are members of the scientific community for selection to the Council, the Secretary of Veterans Affairs may select only those individuals— (I) who have evidenced expertise in and demonstrate a commitment to research that leads to peer-reviewed scientific evaluation of the wounds, illnesses, injuries, and other conditions that may arise from exposure to toxic substances; and (II) who are not associated with and do not have an interest in a chemical company or any other organization that the Secretary determines may have an interest in the increased use of toxic substances. (B) Chairperson The Secretary of Veterans Affairs shall select a Chairperson from among the members of the Council. (C) Terms Each member of the Council shall serve a term of two or three years as determined by the Secretary of Veterans Affairs. (3) Duties The Council shall— (A) approve or disapprove of grants proposed to be awarded by the Director pursuant to subsection (c); and (B) advise the Secretary of Veterans Affairs and the Director on— (i) establishing guidelines for grant proposals and research proposals under this section; and (ii) assisting the Advisory Board established under section 4 in the consideration of claims of exposure to toxic substances. (4) Meetings The Council shall meet at the call of the Chairperson, but not less frequently than semiannually. (5) Compensation (A) In general The members of the Council shall serve without compensation. (B) Travel expenses The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (f) Report Not later than two years after the establishment of the Office under this section, the Director and the Chairman of the Council shall jointly submit to the Secretary of Veterans Affairs and Congress a report that contains the following: (1) A summary of the research efforts conducted and the grants awarded under this section. (2) A summary of the effects of exposure to toxic substances studied pursuant to this section. (3) Recommendations for steps to be taken to care for and serve— (A) individuals exposed to toxic substances while serving as a member of the Armed Forces; and (B) the progeny of those individuals. 6. Provision of dependent care and caregiver assistance to descendants of veterans exposed to certain toxic substances during service in the Armed Forces (a) Dependent care Section 1781(a) of title 38, United States Code, is amended— (1) in paragraph (3), by striking , and and inserting a comma; (2) in paragraph (4), by striking the semicolon at the end and inserting , and ; and (3) by inserting after paragraph (4) the following new paragraph: (5) an individual who is the biological child, grandchild, or great-grandchild of a veteran who the Secretary has determined was exposed to a toxic substance while serving as a member of the Armed Forces, if— (A) the individual has a health condition that is determined by the Advisory Board established by section 4 of the Toxic Exposure Research and Military Family Support Act of 2014 to be a health condition that results from exposure to that toxic substance, (B) the individual is homebound as a result of that health condition, and (C) the Secretary determines that the veteran has or had the same health condition, . (b) Caregiver assistance (1) Comprehensive assistance Subsection (a) of section 1720G of title 38, United States Code, is amended— (A) by striking veteran each place it appears (except for paragraph (2)(A)) and inserting individual ; (B) by striking veterans each place it appears and inserting individuals ; (C) in paragraph (2)— (i) by striking subparagraphs (A) and (B) and inserting the following: (A) (i) is a veteran or member of the Armed Forces undergoing medical discharge from the Armed Forces and has a serious injury (including traumatic brain injury, psychological trauma, or other mental disorder) incurred or aggravated in the line of duty in the active military, naval, or air service on or after September 11, 2001; or (ii) is the biological child, grandchild, or great-grandchild of a veteran who the Secretary has determined was exposed to a toxic substance while serving as a member of the Armed Forces, if— (I) the individual has a health condition that is determined by the Advisory Board established by section 4 of the Toxic Exposure Research and Military Family Support Act of 2014 to be a health condition that results from exposure to that toxic substance; (II) the individual is homebound as a result of that health condition; and (III) the Secretary determines that the veteran has or had the same health condition; and ; and (ii) by redesignating subparagraph (C) as subparagraph (B); and (D) in paragraph (9)(C)(i), by striking veteran’s and inserting individual’s . (2) General caregiver support Subsection (b) of such section is amended— (A) by striking veteran each place it appears and inserting individual ; (B) by striking veterans each place it appears and inserting individuals ; (C) in paragraph (1), by striking who are and all that follows through of this title ; and (D) in paragraph (2)— (i) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; and (ii) in the matter preceding clause (i), as redesignated by clause (i), by striking any individual who needs and inserting “any individual who— (A) (i) is enrolled in the health care system established under section 1705(a) of this title; or (ii) is the biological child, grandchild, or great-grandchild of a veteran who the Secretary has determined was exposed to a toxic substance while serving as a member of the Armed Forces, if— (I) the individual has a health condition that is determined by the Advisory Board established by section 4 of the Toxic Exposure Research and Military Family Support Act of 2014 to be a health condition that results from exposure to that toxic substance; (II) the individual is homebound as a result of that health condition; and (III) the Secretary determines that the veteran has or had the same health condition; and (B) needs . (3) Definitions Subsection (d) of such section is amended— (A) by striking eligible veteran each place it appears and inserting eligible individual ; (B) by striking covered veteran each place it appears and inserting covered individual ; (C) in paragraph (1), by striking the veteran and inserting the eligible individual or covered individual ; (D) in paragraph (2), by striking the veteran and inserting the eligible individual ; (E) in paragraph (3), by striking the veteran each place it appears and inserting the eligible individual ; (F) in paragraph (4), by striking the veteran and inserting the eligible individual or covered individual ; and (G) by adding at the end the following: (5) The term toxic substance has the meaning given that term in section 2 of the Toxic Exposure Research and Military Family Support Act of 2014 . . (c) Conforming amendments (1) Beneficiary travel Section 111 of title 38, United States Code, is amended— (A) in subsection (b)(1), by adding at the end the following new subparagraph: (G) An individual described in section 1720G(a)(2)(A)(ii) of this title. ; and (B) in subsection (e)— (i) by striking veteran each place it appears (except for paragraph (2)(B)) and inserting individual ; and (ii) in paragraph (2)(B)— (I) by striking a veteran and inserting an individual ; and (II) by striking such veteran and inserting such individual . (2) Counseling, training, and mental health services Section 1782(c)(2) of such title is amended by striking an eligible veteran or a caregiver of a covered veteran and inserting a veteran who is an eligible individual or a caregiver of a veteran who is a covered individual . 7. Declassification by Department of Defense of certain incidents of exposure of members of the Armed Forces to toxic substances (a) In general The Secretary of Defense may declassify documents related to any known incident in which not less than 100 members of the Armed Forces were exposed to a toxic substance that resulted in at least one case of a disability that a member of the medical profession has determined to be associated with that toxic substance. (b) Limitation The declassification authorized by subsection (a) shall be limited to information necessary for an individual who was potentially exposed to a toxic substance to determine the following: (1) Whether that individual was exposed to that toxic substance. (2) The potential severity of the exposure of that individual to that toxic substance. (3) Any potential health conditions that may have resulted from exposure to that toxic substance. (c) Exception The Secretary of Defense is not required to declassify documents if the Secretary determines that declassification of those documents would materially and immediately threaten the security of the United States. 8. National outreach campaign on potential long-term health effects of exposure to toxic substances by members of the Armed Forces and their descendants The Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Secretary of Defense shall jointly conduct a national outreach and education campaign directed towards members of the Armed Forces, veterans, and their family members to communicate the following information: (1) Information on— (A) incidents of exposure of members of the Armed Forces to toxic substances; (B) health conditions resulting from such exposure; and (C) the potential long-term effects of such exposure on the individuals exposed to those substances and the descendants of those individuals. (2) Information on the national center established under section 3 of this Act for individuals eligible for treatment at the center.
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113-hr-4817
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I 113th CONGRESS 2d Session H. R. 4817 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 allow postal patrons to contribute to funding for gang prevention programs through the voluntary purchase of certain specially issued postage stamps.
1. Short title This Act may be cited as the Stamp Out Violence In Our Communities Act . 2. Special postage stamp (a) In general In order to afford a convenient way for members of the public to contribute to funding for gang prevention programs, the United States Postal Service shall provide for a special postage stamp in accordance with subsection (b). (b) Terms and conditions The issuance and sale of the stamp referred to in subsection (a) shall be governed by section 416 of title 39, United States Code, and regulations under such section, subject to the following: (1) Disposition of proceeds All amounts becoming available from the sale of such stamp shall be transferred to the Gang Resistance Education and Training (G.R.E.A.T.) Program, administered by the Office of Justice Programs of the Department of Justice, through payments which shall be made at least twice a year. (2) Duration Such stamp shall be made available to the public for a period of at least 2 years, beginning no later than 12 months after the date of the enactment of this Act. (3) Limitation Such stamp shall not be counted for purposes of applying any numerical limitation under subsection (e)(1)(C) of such section.
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113-hr-4818
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I 113th CONGRESS 2d Session H. R. 4818 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Mr. Murphy of Florida (for himself and Mr. Cramer ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to codify the Military Spouse Career Advancement Account program conducted by the Department of Defense to assist spouses of members of the Armed Forces serving on active duty to pursue educational opportunities and career training, to ensure that such educational opportunities and training are available to all military spouses, and for other purposes.
1. Short title This Act may be cited as the Military Spouse Career Advancement Act . 2. Military Spouse Career Advancement Account program (a) Codification of MyCAA program Subsection (a) of section 1784a of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) As one of the programs established under this section to assist spouses of members of the armed forces, the Secretary shall continue to carry out the Military Spouse Career Advancement Account (MyCAA) program, under which an eligible spouse may receive up to the amount that the Secretary determines is equal to the average amount of in-state tuition at public four-year colleges and universities located in the State in which the spouse resides in tuition assistance for education and training courses and licensing and credentialing fees. (B) Financial assistance provided under the MyCAA program shall be available to cover the costs of the following: (i) State certifications for teachers, medical professionals, and other occupations requiring recognized certifications. (ii) Licensing exams and related preparation courses. (iii) Continuing education classes, including classes offered through professional associations. (iv) Degree programs, including programs at four-year colleges and universities, leading to employment in portable careers. (v) Secondary education completion courses, GED tests, and English as a Second Language (ESL) classes. (C) Financial assistance provided under the MyCAA program may not be used to pay for computers, application, graduation or membership fees, student activity cards, child care, parking, transportation, or medical services. (D) An eligible spouse must obtain an approved MyCAA Financial Assistance document before incurring the tuition fees for which payment under the program is sought. The MyCAA program does not provide reimbursements of any kind to spouses for any reason. Once the eligible spouse obtains the MyCAA Financial Assistance document, the spouse must commence the education or training courses for which assistance is sought under the program while the member of the armed forces who is married to the spouse is serving on active duty. . (b) Guarantee of education and training opportunities for military spouses Subsection (a)(1) of such section is amended by striking may establish and inserting shall establish . (c) Eligible military spouses Subsection (b) of such section is amended— (1) by inserting (1) before Assistance ; and (2) by adding at the end the following new paragraph: (2) The Secretary of Defense may not restrict participation in the MyCAA program required by subsection (a)(3) to the spouses of members serving in particular grades. Instead, subject to the availability of funds for the MyCAA program, the Secretary shall make the MyCAA program available to all eligible spouses. .
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113-hr-4819
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I 113th CONGRESS 2d Session H. R. 4819 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Mr. Murphy of Florida (for himself and Mr. Chabot ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To direct the Secretary of the Treasury to develop and submit class life recommendations for depreciable assets.
1. Short title This Act may be cited as the Jobs Investment Act of 2014 . 2. Class life recommendations (a) In general The Secretary of the Treasury shall, based on the monitoring and analysis of actual experience with respect to depreciable property under section 168(i)(1) of the Internal Revenue Code of 1986, develop recommendations for prescribing to any depreciable property a class life, classification, or recovery period that more equitably provides for capital cost recovery across all industries without any significant effect on total tax revenue. (b) Proposal Not later than January 31, 2019, and every 5 years thereafter, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the recommendations developed under subsection (a).
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113-hr-4820
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I 113th CONGRESS 2d Session H. R. 4820 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for a national program to conduct and support activities toward the goal of significantly reducing the number of cases of overweight and obesity among individuals in the United States.
1. Short title This Act may be cited as the Promoting Healthier Lifelong Improvements in Food and Exercise Act or the LIFE Act . 2. Findings The Congress finds as follows: (1) Currently, 64.5 percent of adults in the United States, age 20 years and older, are overweight and 72 million (more than one-third of the adult population in the United States) are obese. (2) Data from two National Health and Nutrition Examination Surveys show that among adults who are 20 to 74 years of age the prevalence of obesity increased from 15.0 percent in the 1976–1980 survey to 34.9 percent in the 2011–2012 survey. (3) In 2011 and 2012, of children and adolescents 2 to 19 years of age more than 12,500,000 (or 17 percent) were overweight, and of adults more than 66,000,000 (or 34.9 percent) were obese. Almost 6 percent of adults were extremely obese. (4) The percentage of children who are obese has more than doubled, and among adolescents the percentage has more than tripled, since 1980 the obesity rate for adolescents increased from 5 percent to 21 percent. (5) More than 1/3 of adults in the United States do not get enough physical activity and national data have shown an increase in the calorie consumption of adults. (6) The rising rates of obesity portend greater disease and health conditions including hypertension, high total cholesterol, Type 2 diabetes, coronary heart disease, stroke, gallbladder disease, osteoporosis, sleep apnea, and respiratory problems, and some cancers, such as endometrial, breast, and colon cancer. (7) Many underlying factors have been linked to the increase in obesity, such as increasing portion sizes, eating out more often, increased consumption of sugar-sweetened drinks, increasing television, computer, and electronic gaming time, changing labor markets, and fear of crime, which prevents outdoor exercise. (8) Chronic diseases account for 1.7 million, or 70 percent, of all deaths in the United States each year. Although chronic diseases are among the most common and costly health problems, they are also among the most preventable. Adopting a healthy lifestyle such as eating nutritious foods and engaging in physical activity, can prevent or control the devastating effects of these diseases. Although chronic diseases are among the most common and costly health problems, they are also among the most preventable. (9) In 2008, overall medical costs related to obesity for United States adults were estimated to be as high as $147 billion. People who were obese had medical costs that were on average $1,429 higher than the cost for people of normal body weight. 3. Reduction in prevalence of obesity; program for lifelong improvements in food and exercise Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following section: 317U. Reduction in prevalence of obesity (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a national program to conduct and support activities regarding individuals who are overweight or obese in order to make progress toward the goal of significantly reducing the number of cases of obesity among individuals in the United States. (b) Certain activities In carrying out subsection (a), the Secretary shall (directly or through grants or contracts) carry out the following with respect to individuals who are overweight: (1) Activities to train health professionals to recognize that patients are overweight and to recommend prevention activities regarding such condition, including educating patients on the relationship between such condition and cardiovascular disease, diabetes, and other health conditions, and on proper nutrition and regular physical activities. (2) Activities to educate the public with respect to the condition of being overweight, including the development of a strategy for a public awareness campaign. (3) The development and demonstration of intervention strategies for use at worksites and in community settings such as hospitals and community health centers. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for fiscal year 2015, and such sums as may be necessary for each of the fiscal years 2016 through 2018. .
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113-hr-4821
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V 113th CONGRESS 2d Session H. R. 4821 IN THE HOUSE OF REPRESENTATIVES June 9, 2014 Mr. Cotton introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Meriam Yahya Ibrahim, Martin Wani, and Maya Wani.
1. Permanent resident status for Meriam Yahya Ibrahim, Martin Wani, and Maya Wani (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Meriam Yahya Ibrahim, Martin Wani, and Maya Wani shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Meriam Yahya Ibrahim, Martin Wani, or Maya Wani enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Meriam Yahya Ibrahim, Martin Wani, and Maya Wani, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Meriam Yahya Ibrahim, Martin Wani, and Maya Wani shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
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113-hr-4822
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I 113th CONGRESS 2d Session H. R. 4822 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Schneider (for himself and Mr. Rice of South Carolina ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for 100 percent bonus depreciation for manufacturing property.
1. Short title This Act may be cited as the Accelerate Our Manufacturers Act . 2. 100 Percent Bonus for Manufacturing Property (a) In general Section 168(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Special rule for manufacturing property (A) In general In the case of qualified manufacturing property, paragraph (1)(A) shall be applied by substituting 100 percent for 50 percent . (B) Qualified manufacturing property For purposes of this paragraph— (i) In general The term qualified manufacturing property means qualified property which— (I) is acquired by the taxpayer after December 31, 2013, and before January 1, 2019, placed in service by the taxpayer before January 1, 2019, and (II) used by a manufacturer to produce an article from new or raw material, or from scrap, salvage, or junk material, by processing or changing the form of an article or by combining or assembling two or more articles. (ii) Certain rules made inapplicable The following provisions shall not apply: (I) Clauses (iii) and (iv) of paragraph (2)(A). (II) Clause (ii) of paragraph (2)(B). . (b) Election To accelerate the AMT Section 168(k)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (K) Special rules for qualified manufacturing property (i) In general In the case of qualified manufacturing property (as defined in paragraph (6)), in applying this paragraph to any taxpayer— (I) the limitation described in subparagraph (B)(i) and the business credit increase amount under subparagraph (E)(iii) thereof shall not apply, and (II) the bonus depreciation amount, maximum amount, and maximum increase amount shall be computed separately. (ii) Election (I) A taxpayer who has an election in effect under any preceding provision of this paragraph shall not be treated as having an election in effect for qualified manufacturing property unless the taxpayer elects to have this paragraph apply to qualified manufacturing property. (II) A taxpayer who does not have an election in effect under any preceding provision of this paragraph may elect to have this paragraph apply to qualified manufacturing property. . (c) Effective date The amendment made by subsection (a) shall apply to property placed in service after December 31, 2013.
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113-hr-4823
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I 113th CONGRESS 2d Session H. R. 4823 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Swalwell of California (for himself and Mr. Hudson ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to require one-stop delivery systems under such Act to offer services through Internet websites and to direct the Secretary of Labor to develop standards and best practices for such websites.
1. Short title This Act may be cited as the Widening Internet Readiness for Employment Development Act or the WIRED Act . 2. Online provision of one-stop services (a) Online provision of one-Stop services Section 134(c)(2) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)(2)) is amended— (1) in subparagraph (A), by striking ; and ; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) to the extent that each of the programs, services, and activities described in paragraph (1) can be made accessible through an Internet website, shall make such services accessible on such a website that— (i) is unique to the particular one-stop delivery system; and (ii) meets the standards and incorporates the best practices established by the Secretary pursuant section 121(g). . (b) Standards and best practices for online provision of services by one-Stop delivery systems Section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) is amended by adding at the end the following: (g) Standards and best practices for online provision of services After soliciting public comments and consulting with and receiving input from relevant parties, including State workforce investment boards, the Secretary shall establish and maintain standards and best practices for Internet websites maintained by one-stop delivery systems as required by section 134(c)(2)(C), and for the provision of services through such websites. Such standards and best practices shall include— (1) a requirement for a user-friendly, up-to-date website available to all dislocated workers; (2) a requirement that the website prominently display the address and hours of operation of all physical one-stop centers in the local area, and a description of services provided in and events held at each such center; (3) best practices for providing, through the website, services such as resume assistance, cover letter review, job searching, interview preparations, and online employment-related practice tests, through videos, video-conferencing, or other means; (4) best practices for assuring a secure network and the protection of any personal information; (5) best practices for incorporating social media and networking capabilities into the website; and (6) best practices for making such websites accessible by mobile devices to the extent practicable. . (c) Deadline The Secretary of Labor shall establish the initial standards and best practices required by section 121(g) of the Workforce Investment Act of 1998 (as added by subsection (b)) not later than 1 year after the date of enactment of this Act.
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113-hr-4824
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I 113th CONGRESS 2d Session H. R. 4824 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Enyart introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to establish a scholarship program for dislocated workers or unemployed individuals transitioning into manufacturing employment.
1. Short Title This Act may be cited as the Workers Opportunity and Retraining Competitive Grant Program Act of 2014 or the WORC Grant Program Act of 2014 . 2. Manufacturing Worker Transition Scholarship Program Section 171 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2916 ) is amended by adding at the end the following: (f) Manufacturing worker transition scholarship program (1) In general The Secretary shall establish a manufacturing worker scholarship program to award States competitive grants to be used to provide scholarships to dislocated workers or unemployed individuals through State and local boards to support worker’s endeavors to transition into manufacturing positions. (2) Eligibility (A) Worker Eligibility To be eligible for the scholarship program established under this subsection, dislocated workers or unemployed individuals shall be enrolled in a qualifying manufacturing training course designed to provide skills for employment in manufacturing. (B) Program Eligibility State or local boards participating in the scholarship program established under this subsection shall— (i) have formal agreements or partnerships with qualifying manufacturing training course providers; and (ii) have commitments from local employers, community leaders, and State or local economic development initiatives to mentor dislocated workers or unemployed individuals in order to aid their transition into manufacturing industries. (3) Activities (A) In General Activities to be carried out under the scholarship program established under this subsection shall be coordinated by State or local boards, including transferring scholarship awards to qualifying manufacturing training course providers on behalf of the dislocated workers or unemployed individuals receiving scholarships. (B) State and Local Board Discretion For purposes of scholarship awards distributed by a State or local board, such board shall define the term manufacturing . (C) Repayment Upon Eligibility Violations If a dislocated worker or unemployed individual does not complete the qualifying manufacturing training course or substitutes non-manufacturing courses for manufacturing courses, the amount of the awarded scholarship shall be repaid to the State or local board. (4) Limitations (A) Monetary Award Limit Scholarship funding for any dislocated worker or unemployed individual may not exceed $2,000 per year. (B) Eligibility Limit Scholarship funding for any dislocated worker or unemployed individual may not exceed 2 years. (C) Scholarship Use Limit A scholarship awarded under this subsection may only be used for payment towards qualifying manufacturing training courses. (D) Supportive Services Limit A scholarship awarded under this subsection may not be used for supportive services. (5) Qualifying Manufacturing Training Course Defined The term qualifying manufacturing training course — (A) means any course or job training activity that is offered by a postsecondary educational institution, area vocational education school, or other eligible provider that— (i) provides knowledge and skills related to manufacturing in emerging industries or industries where there are jobs available in the community, as determined by a State or local board; and (ii) offers credits or other credentials to enrollees for completion of the program; and (B) may include internships or apprenticeships that provide credit or other credentials for completion of the program. .
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113-hr-4825
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I 113th CONGRESS 2d Session H. R. 4825 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Nolan introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish Presidential awards to recognize organizations that have made extraordinary efforts to create jobs and strengthen the economy of the United States.
1. Short Title This Act may be cited as the Presidential Make it in America Awards Act of 2014 . 2. Presidential Make It In America Awards (a) Establishment and Award Criteria There are established the following Presidential awards: (1) The Presidential Reshoring Award, which shall be awarded to the best example of a United States company that returns manufacturing jobs and operations from overseas to the United States. (2) The Presidential Invest in America Award, which shall be awarded to the best example of a United States company that invests in significant new domestic manufacturing jobs and operations. (3) The Presidential Foreign Direct Investment Award, which shall be awarded to the best example of a foreign company that invests in United States manufacturing jobs and operations. (b) Making and Presentation of Awards (1) Making of Awards The President (on the basis of recommendations received from the Secretary of Commerce (hereafter in this section referred to as the Secretary )), or the Secretary, shall periodically make each of the awards described in subsection (a) to a qualified organization in an eligible category which in the judgment of the President or the Secretary meets the relevant criteria described in paragraphs (1) through (3) of subsection (a). (2) Presentation of Awards The presentation of the awards shall be made by the President or the Secretary with such ceremonies as the President or the Secretary determine to be appropriate. (c) Qualified Organization An organization may qualify for an award under this section only if it— (1) submits an application to the Secretary; (2) permits a rigorous evaluation of the way in which its business and other operations have benefitted the economic or social well-being of the United States; and (3) meets such requirements and specifications as the Secretary determines to be appropriate to achieve the objectives of this section. (d) Categories in Which Awards May be Given (1) Eligible Categories Subject to paragraph (2), each of the awards described in subsection (a) may be awarded in each of the following categories: (A) Small business. (B) Company or its subsidiary. (C) Company which primarily provides services. (D) Health care provider. (E) Education provider. (F) Nonprofit organization. (2) Modification of Categories (A) Upon a determination that the objectives of this section would be better served thereby, the Secretary may at any time expand, subdivide, or otherwise modify the list of categories within which awards may be made as initially in effect under paragraph (1), and may establish separate award categories for other organizations including units of government. (B) The expansion, subdivision, modification, or establishment of award categories under subparagraph (A) shall not be effective until the Secretary has submitted a detailed description thereof to the Congress and a period of 30 days has elapsed since that submission. (3) Number of Awards In any year, not more than 1 of each award described in subsection (a) may be made to a qualified organization in each eligible category. No award shall be made within any category if there are no qualified organizations in that category. (e) Publication of Award An organization to which an award is made under this section may publicize the receipt of the award by the organization and may use the award in advertising. (f) Information Sharing The Secretary shall publish on the website of the Department of Commerce information on the successful strategies and programs of organizations that receive awards under this section. (g) Funding The Secretary is authorized to seek and accept gifts from public and private sources to carry out the program under this section. If additional sums are needed to cover the full cost of the program, the Secretary shall impose fees upon the organizations applying for an award in amounts sufficient to provide such additional sums. The Secretary is authorized to use appropriated funds to carry out responsibilities under this Act. (h) Report The Secretary shall prepare and submit to the President and the Congress, not later than 3 years after the date of the enactment of this Act, a report on the effectiveness of the activities conducted under this section.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4825ih/xml/BILLS-113hr4825ih.xml
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113-hr-4826
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I 113th CONGRESS 2d Session H. R. 4826 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Sean Patrick Maloney of New York (for himself, Mr. George Miller of California , Ms. Brown of Florida , Mr. Holt , Mr. Tonko , Mr. Cummings , Ms. McCollum , Mr. McDermott , and Mr. David Scott of Georgia ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as— (1) the School Modernization and Revitalization Through Jobs Act ; (2) the SMART Jobs Act ; or (3) the 21st Century Green High-Performing Public School Facilities 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. Title I—Grants for modernization, renovation, or repair of public school facilities Sec. 101. Purpose. Sec. 102. Allocation of funds. Sec. 103. Allowable uses of funds. Title II—Supplemental grants for disaster areas Sec. 201. Purpose. Sec. 202. Allocation to local educational agencies. Sec. 203. Allowable uses of funds. Title III—General provisions Sec. 301. Impermissible uses of funds. Sec. 302. Supplement, not supplant. Sec. 303. Prohibition regarding State aid. Sec. 304. Maintenance of effort. Sec. 305. Special rule on contracting. Sec. 306. Use of American iron, steel, and manufactured goods. Sec. 307. Labor standards. Sec. 308. Charter schools. Sec. 309. Green schools. Sec. 310. Reporting. Sec. 311. Authorization of appropriations. 2. Definitions In this Act: (1) The term Bureau-funded school has the meaning given to such term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021). (2) The term charter school has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221 ). (3) The term CHPS Criteria means the green building rating program developed by the Collaborative for High Performance Schools. (4) The term Energy Star means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency. (5) The term Green Globes means the Green Building Initiative environmental design and rating system referred to as Green Globes. (6) The term LEED Green Building Rating System means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as LEED Green Building Rating System. (7) The term local educational agency — (A) has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), and shall also include the Recovery School District of Louisiana and the New Orleans Public Schools; and (B) includes any public charter school that constitutes a local educational agency under State law. (8) The term outlying area — (A) means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and (B) includes the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (9) The term public school facilities means an existing public school facility, including a public charter school facility, or another existing facility planned for adaptive reuse as such a school facility. (10) The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. I Grants for modernization, renovation, or repair of public school facilities 101. Purpose Grants under this title shall be for the purpose of modernizing, renovating, or repairing public school facilities, based on their need for such improvements, to be safe, healthy, high-performing, and up-to-date technologically. 102. Allocation of funds (a) Reservation (1) In general From the amount appropriated to carry out this title for each fiscal year pursuant to section 311(a), the Secretary shall reserve 1 percent of such amount, consistent with the purpose described in section 101— (A) to provide assistance to the outlying areas; and (B) for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools. (2) Use of reserved funds In each fiscal year, the amount reserved under paragraph (1) shall be divided between the uses described in subparagraphs (A) and (B) of such paragraph in the same proportion as the amount reserved under section 1121(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6331(a) ) is divided between the uses described in paragraphs (1) and (2) of such section 1121(a) in such fiscal year. (b) Allocation to States (1) State-by-State allocation Of the amount appropriated to carry out this title for each fiscal year pursuant to section 311(a), and not reserved under subsection (a), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year. (2) State administration A State may reserve up to 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this title, which include— (A) providing technical assistance to local educational agencies; (B) developing a database that includes an inventory of public school facilities in the State, including for each, its design, condition, modernization, renovation and repair needs, usage, utilization, energy use, and carbon footprint; and (C) developing a school energy efficiency quality plan. (3) Grants to local educational agencies From the amount allocated to a State under paragraph (1), each local educational agency in the State that meets the requirements of section 1112(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(a) ) shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of that Act ( 20 U.S.C. 6311 et seq. ) for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under part A of title I of that Act for such fiscal year shall receive a grant of less than $5,000 in any fiscal year under this title. (4) Special rule Section 1122(c)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332(c)(3) ) shall not apply to paragraph (1) or (3). (c) Special rules (1) Distributions by Secretary The Secretary shall make and distribute the reservations and allocations described in subsections (a) and (b) not later than 30 days after an appropriation of funds for this title is made. (2) Distributions by States A State shall make and distribute the allocations described in subsection (b)(3) within 30 days of receiving such funds from the Secretary. 103. Allowable uses of funds A local educational agency receiving a grant under this title shall use the grant for modernization, renovation, or repair of public school facilities, including, where applicable, early learning facilities— (1) repairing, replacing, or installing roofs, including extensive, intensive or semi-intensive green roofs, electrical wiring, plumbing systems, sewage systems, lighting systems, or components of such systems, windows, or doors, including security doors; (2) repairing, replacing, or installing heating, ventilation, air conditioning systems, or components of such systems (including insulation), including indoor air quality assessments; (3) bringing public schools into compliance with fire, health, and safety codes, including professional installation of fire/life safety alarms, including modernizations, renovations, and repairs that ensure that schools are prepared for emergencies, such as improving building infrastructure to accommodate security measures; (4) modifications necessary to make public school facilities accessible to comply with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (5) abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, or lead-based paint hazards; (6) measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution; (7) modernizations, renovations, or repairs necessary to reduce the consumption of coal, electricity, land, natural gas, oil, or water; (8) upgrading or installing educational technology infrastructure to ensure that students have access to up-to-date educational technology; (9) modernization, renovation, or repair of science and engineering laboratory facilities, libraries, and career and technical education facilities, including those related to energy efficiency and renewable energy, and improvements to building infrastructure to accommodate bicycle and pedestrian access; (10) renewable energy generation and heating systems, including solar, photovoltaic, wind, geothermal, or biomass, including wood pellet, systems or components of such systems; (11) other modernization, renovation, or repair of public school facilities to— (A) improve teachers’ ability to teach and students’ ability to learn; (B) ensure the health and safety of students and staff; (C) make them more energy efficient; or (D) reduce class size; and (12) required environmental remediation related to public school modernization, renovation, or repair described in paragraphs (1) through (11). II Supplemental grants for disaster areas 201. Purpose Grants under this title shall be for the purpose of modernizing, renovating, repairing, or constructing public school facilities, including, where applicable, early learning facilities, based on their need for such improvements, to be safe, healthy, high-performing, and up-to-date technologically. 202. Allocation to local educational agencies (a) In general Of the amount appropriated to carry out this title for each fiscal year pursuant to section 311(b), the Secretary shall allocate to local educational agencies serving areas in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) and during the preceding 10 fiscal years, has determined that a major disaster exists an amount equal to the infrastructure damage inflicted on public school facilities in each such area relative to the total of such infrastructure damage so inflicted in all such areas, combined. (b) Distribution by Secretary The Secretary shall determine and distribute the allocations described in subsection (a) not later than 60 days after an appropriation of funds for this title is made. 203. Allowable uses of funds A local educational agency receiving a grant under this title shall use the grant for one or more of the activities described in section 103, except that an agency receiving a grant under this title also may use the grant for the construction of new public school facilities. III General provisions 301. Impermissible uses of funds No funds received under this Act may be used for— (1) payment of maintenance costs; (2) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; (3) improvement or construction of facilities the purpose of which is not the education of children, including central office administration or operations or logistical support facilities; or (4) purchasing carbon offsets. 302. Supplement, not supplant A local educational agency receiving a grant under this Act shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for modernization, renovation, repair, and construction of public school facilities. 303. Prohibition regarding State aid A State shall not take into consideration payments under this Act in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children. 304. Maintenance of effort (a) In general A local educational agency may receive a grant under this Act for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year. (b) Reduction in case of failure To meet maintenance of effort requirement (1) In general The State educational agency shall reduce the amount of a local educational agency’s grant in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency). (2) Special rule No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years. (c) Waiver The Secretary shall waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— (1) exceptional or uncontrollable circumstances, such as a natural disaster; or (2) a precipitous decline in the financial resources of the local educational agency. 305. Special rule on contracting Each local educational agency receiving a grant under this Act shall ensure that, if the agency carries out modernization, renovation, repair, or construction through a contract, the process for any such contract ensures the maximum number of qualified bidders, including local, small, minority, and women- and veteran-owned businesses, through full and open competition. 306. Use of American iron, steel, and manufactured goods (a) In general None of the funds appropriated or otherwise made available by this Act may be used for a project for the modernization, renovation, repair or construction of a public school facility unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Exceptions Subsection (a) shall not apply in any case or category of cases in which the Secretary finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) Publication of justification If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall publish in the Federal Register a detailed written justification of the determination. (d) Construction This section shall be applied in a manner consistent with United States obligations under international agreements. 307. Labor standards The grant programs under this Act are applicable programs (as that term is defined in section 400 of the General Education Provisions Act ( 20 U.S.C. 1221 )) subject to section 439 of such Act ( 20 U.S.C. 1232b ). 308. Charter schools A local educational agency receiving an allocation under this section shall use an equitable portion of that allocation for allowable activities benefitting charter schools within its jurisdiction, as determined based on the percentage of students from low-income families in the schools of the agency who are enrolled in charter schools and on the needs of those schools as determined by the agency. 309. Green schools (a) In general In a given fiscal year, a local educational agency shall use not less than the applicable percentage (described in subsection (b)) of funds received under this Act for public school modernization, renovation, repairs, or construction that are certified, verified, or consistent with any applicable provisions of— (1) the LEED Green Building Rating System; (2) Energy Star; (3) the CHPS Criteria; (4) Green Globes; or (5) an equivalent program adopted by the State or another jurisdiction with authority over the local educational agency. (b) Applicable percentages The applicable percentage described in subsection (a) is— (1) in fiscal year 2015, 50 percent; (2) in fiscal year 2016, 60 percent; (3) in fiscal year 2017, 70 percent; (4) in fiscal year 2018, 80 percent; (5) in fiscal year 2019, 90 percent; and (6) in fiscal year 2020, 100 percent. (c) Technical assistance The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and local educational agencies concerning the best practices in school modernization, renovation, repair, and construction, including those related to student academic achievement, student and staff health, energy efficiency, and environmental protection. (d) Youthbuild programs The Secretary of Education, in consultation with the Secretary of Labor, shall work with recipients of funds under this section to promote appropriate opportunities for participants in a YouthBuild program (as defined in section 173A of the Workforce Investment Act of 1998 ( 29 U.S.C. 2918a )) to gain employment experience on modernization, renovation, and repair projects funded under this section. 310. Reporting (a) Reports by local educational agencies Local educational agencies receiving a grant under this Act shall annually compile a report describing the projects for which such funds were used, including— (1) the number of public schools served by the agency, including the number of charter schools; (2) the total amount of funds received by the local educational agency under this Act and the amount of such funds expended, including the amount expended for modernization, renovation, repair, or construction of charter schools; (3) the number of public schools served by the agency designated with an urban-centric school locale code of 41, 42, or 43 as determined by the National Center for Education Statistics and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools; (4) the number of public schools served by the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools; (5) for each project— (A) the cost; (B) the standard described in section 309(a) with which the use of the funds complied or, if the use of funds did not comply with a standard described in section 309(a), the reason such funds were not able to be used in compliance with such standards and the agency’s efforts to use such funds in an environmentally sound manner; (C) if flooring was installed, whether— (i) it was low- or no-VOC (Volatile Organic Compounds) flooring; (ii) it was made from sustainable materials; and (iii) use of flooring described in clause (i) or (ii) was cost effective; and (D) any demonstrable or expected benefits as a result of the project (such as energy savings, improved indoor environmental quality, improved climate for teaching and learning, etc.); and (6) the total number and amount of contracts awarded, and the number and amount of contracts awarded to local, small, minority, and women- and veteran-owned businesses. (b) Availability of reports A local educational agency shall— (1) submit the report described in subsection (a) to the State educational agency, which shall compile such information and report it annually to the Secretary; and (2) make the report described in subsection (a) publicly available, including on the agency’s Web site. (c) Reports by Secretary Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make available on the Department of Education’s Web site, a report on grants made under this Act, including the information described in subsection (b)(1), the types of modernization, renovation, repair, and construction funded, and the number of students impacted, including the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ). 311. Authorization of appropriations (a) Title I To carry out title I, there are authorized to be appropriated $6,400,000,000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2020. (b) Title II To carry out title II, there are authorized to be appropriated $100,000,000 for each of fiscal years 2015 through 2020.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4826ih/xml/BILLS-113hr4826ih.xml
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113-hr-4827
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I 113th CONGRESS 2d Session H. R. 4827 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Horsford (for himself and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a pilot program to promote public-private partnerships among apprenticeships or other job training programs, local educational agencies, and community colleges, and for other purposes.
1. Short title This Act may be cited as the Youth Access to American Jobs Act of 2014 . 2. 2–2–2 Pilot Program (a) In general From the amounts appropriated to carry out this Act, the Secretary of Education, in consultation with the Secretary of Labor, shall award grants to 10 eligible entities to carry a program described in subsection (c) for eligible students. (b) Application requirements An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary as such time, in such manner, and containing such information as the Secretary may require. (c) Uses of funds An eligible entity that receives a grant under this section shall use such grant to carry out a program under which each eligible student participating in the program— (1) during grades 11 and 12 at a secondary school served by the local educational agency in the eligible entity, takes STEM courses and courses that prepare such student for community college; (2) upon graduating from the secondary school, enrolls in a course of study related to the manufacturing field at the community college in the eligible entity; and (3) upon receiving an associate’s degree from the community college, enrolls and participates, for a 2-year period, in— (A) the State apprenticeship program in the eligible entity; or (B) the joint-labor management training program in the eligible entity. (d) Eligible students To be eligible to participate in a program described in subsection (c), a student shall, prior to participating in the program, demonstrate academic ability and a commitment to pursue a career in a manufacturing field or other vocational field. (e) Definitions In this section: (1) Community college The term community college has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (2) Eligible entity The term eligible entity means a partnership among— (A) a local educational agency; (B) a community college; and (C) a State apprenticeship program or a joint-labor management training program. (3) ESEA terms The terms local educational agency , secondary school , and State have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secretary The term Secretary means the Secretary of Education. (5) State apprenticeship program The term State apprenticeship program means an apprenticeship program that provides an apprenticeship with an employer in the manufacturing field to students with an associate’s degree related to the field of manufacturing. (6) STEM The term STEM means science, technology, engineering, and mathematics.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4827ih/xml/BILLS-113hr4827ih.xml
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113-hr-4828
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I 113th CONGRESS 2d Session H. R. 4828 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Garcia introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to award grants to establish STEM Innovation Networks.
1. Short title This Act may be cited as the Innovative STEM Networks Act or the I-STEM Act . 2. Findings Congress finds the following: (1) According to the Council on Foreign Relations, 60 percent of U.S. employers are having difficulties finding qualified workers to fill vacancies at their companies. (2) Office of Science and Technology and Policy states that STEM occupations will grow 1.7 times faster than non-STEM occupations over the period from 2008 through 2018 . (3) According to the National Governors Association Center for Best Practices, at all levels of educational attainment, STEM job holders earn 11 percent higher wages compared with their same-degree counterparts in other jobs. (4) The National Governors Association Center for Best Practices also states that The top 10 bachelor-degree majors with the highest median earnings are all in STEM fields . (5) According to the Harris STEM Survey, although most parents of K–12 students (93 percent) believe that STEM education should be a priority in the U.S., only half (49 percent) agreed that it actually is a top priority for this country. (6) The Harris STEM Survey also states that Only one in five STEM college students felt that their K–12 education prepared them extremely well for their college courses in STEM. . 3. STEM Innovation Networks Title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. ) is amended by adding at the end the following new part: E STEM Innovation Networks 2501. Purpose It is the purpose of this part to authorize a program to provide competitive grants to State educational agencies or local educational agencies to establish STEM innovation networks in partnership with institutions of higher education, nonprofit organizations, other public agencies, or businesses to increase the number of students who are effectively prepared for postsecondary education and careers in STEM fields by— (1) working with States and local educational agencies to develop comprehensive plans for identifying, developing, testing, and implementing evidence-based practices to provide rich STEM learning opportunities for students; and (2) supporting the implementation of such plans by employing of wide range of strategies, depending on local needs, including the recruitment, preparation, and professional development of effective STEM educators, the development and testing of teaching and learning models that enable students to successfully meet STEM-focused State academic standards developed under section 1111, and student engagement in STEM subjects. 2502. Grant program (a) In general From the amounts appropriated under subsection (i), the Secretary shall award grants, on a competitive basis, to eligible entities to establish STEM Innovation networks to increase student achievement in STEM subjects and increase the number of students who are effectively prepared for postsecondary education and careers in STEM fields. (b) Number of grants The Secretary shall award not less than 5 and not more than 10 grants under this section for each fiscal year. (c) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that include a high-need local educational agency or a State educational agency that serves a high-need local educational agency. (d) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted by an eligible entity under paragraph (1) shall include a description of the activities that will be carried out with the grant received under this section, and how such activities will address the needs identified by the eligible entity, with respect to preparing students for postsecondary education and careers in STEM fields, including— (A) a description of the data for elementary schools and secondary schools in the State or States served by the eligible entity on— (i) student achievement in the STEM subjects; (ii) teacher evaluation results or ratings in STEM subjects; and (iii) student access to STEM subjects, especially for students enrolled in high-need schools or residing in high-need communities; (B) a review of the workforce needs in the State or States served by the eligible entity in occupations and sectors that require knowledge or training in STEM subjects; (C) based on a review of the data described in subparagraph (A) and the workforce needs under subparagraph (B)— (i) an identification of the STEM subjects that the eligible entity will address with the grant funds; and (ii) a description of the activities the eligible entity will carry out to improve instruction in such STEM subjects using evidence-based programs of instruction that are aligned with State academic standards and assessments developed under section 1111; (D) a description of how the activities carried out with the grant funds will integrate with informal STEM programs; (E) results from an analysis carried out before the submission of such application by the eligible entity or a member of the eligible entity of STEM subject education quality and outcomes in the State or States served by the eligible entity, if available; (F) whether the eligible entity will provide matching funds from private sources (which are not Federal, State, or local sources) to carry out the activities under subsection (e); and (G) a description of how the activities carried out with the grant funds will be coordinated with other Federal, State, and local programs and activities relating to STEM, and how the activities carried out with the grant funds may improve or benefit such other programs and activities. (e) Uses of funds (1) Required activities An eligible entity shall use a grant received under this section to establish and maintain STEM innovation networks to effectively prepare students for postsecondary education and careers in STEM fields by carrying out the following: (A) Increasing student awareness about STEM career pathways that reflect the STEM workforce needs identified under subsection (d)(2)(B). (B) Developing statewide plans that integrate and align workforce needs with education and training programs that prepare students for college degree pathways and careers in STEM fields, which result in 2-year degrees, trade certifications, or other measures of STEM-specific workforce skills. (C) Identifying points of weakness and strength of State STEM education efforts, prioritizing strategies for addressing problem areas with respect to such efforts, and communicating the needs of the State or States served by the eligible entity. (2) Authorized activities An eligible entity may use a grant received under this section to carry out the following: (A) Promoting and developing in school and out-of-school curricular tools and professional development for STEM educators at the elementary school and secondary school levels. (B) Providing induction and mentoring services to new teachers in STEM subjects that the eligible entity identifies under subsection (d)(2)(C). (C) Promoting and developing rigorous undergraduate preservice teacher programs at institutions of higher education that emphasize STEM content. (D) Supporting the participation of elementary school and secondary school students (especially students enrolled in high-need schools or residing in high-need communities) in competitions, out-of-school activities, and field experiences related to STEM subjects. (E) Assisting in the implementation and assessment of rigorous career and college ready standards in STEM education for students in prekindergarten through grade 12. (F) Developing STEM-related education and workforce training programs in secondary schools and community colleges to reflect the needs of the local community. (f) Supplement, not supplant Funds received under this part shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this part. (g) Maintenance of Effort A State that receives funds under this part for a fiscal year shall maintain the fiscal effort provided by the State for the STEM subjects supported by the funds under this part at a level equal to or greater than the level of such fiscal effort for the preceding fiscal year. (h) Definitions (1) Eligible entity The term eligible entity means 1 or more State educational agencies or local educational agencies in partnership with 1 or more of the following entities that have a demonstrated record of success in improving student achievement in STEM subjects: (A) A nonprofit organization. (B) A business. (C) A STEM faculty or teacher training department of an institution of higher education. (D) An educational service agency. (E) Another entity. (2) Community college The term community college has the meaning given the term in section 3301. (3) High-need community The term high-need community has the meaning given the term in section 2151(e)(9). (4) High-need local educational agency The term high-need local educational agency has the meaning given the term in section 2102. (5) High-need school The term high-need school has the meaning given the term in section 2312. (6) Informal STEM program The term informal STEM program means a STEM program that takes place outside of a standard school setting, and may include an afterschool, out-of-school, summer, or other STEM education program that takes place outside of the regular school day in a school setting or other learning environment. (7) STEM The term STEM means science, technology, engineering, or mathematics, including other academic subjects or fields— (A) that build on those disciplines, such as computer science; or (B) that a State identifies as important to the workforce of the State. (i) Authorization of appropriations There are authorized to be appropriated $150,000,000 for fiscal year 2015 and each succeeding fiscal year. . 4. Conforming amendment The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to part D of title II the following: Part E—STEM Innovation Networks Sec. 2501. Purpose. Sec. 2502. Grant program. .
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113-hr-4829
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I 113th CONGRESS 2d Session H. R. 4829 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Butterfield (for himself, Mr. Jones , Mr. Price of North Carolina , Mr. Coble , Mr. McIntyre , Mr. Meadows , and Mrs. Ellmers ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Intermodal Surface Transportation Efficiency Act of 1991 with respect to high priority corridors on the National Highway System, and for other purposes.
1. Short title This Act may be cited as the Route to Opportunity And Development Act of 2014 or the ROAD Act of 2014 . 2. High priority corridors on National Highway System (a) In general Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking paragraph (13) and inserting the following: (13) Raleigh-Norfolk Corridor from Raleigh, North Carolina, through Rocky Mount, Williamston, and Elizabeth City, North Carolina, to Norfolk, Virginia. . (b) Inclusion of certain route segments on interstate system Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by inserting subsection (c)(13), after subsection (c)(9), .
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113-hr-4830
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I 113th CONGRESS 2d Session H. R. 4830 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Israel (for himself and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 46, United States Code, to ensure continuing funding for the United States Merchant Marine Academy.
1. Short title This Act may be cited as the Midshipmen Education Certainty Act . 2. Continuing funding for the United States Merchant Marine Academy Section 51301 of title 46, United States Code, is amended by adding at the end the following: (c) Continuing funding (1) In general Out of any funds in the general fund of the Treasury not otherwise appropriated, there are hereby appropriated such sums as are necessary for operations of the United States Merchant Marine Academy for any period during which interim or full-year appropriations are not in effect for the United States Merchant Marine Academy, for fiscal year 2014 and each fiscal year thereafter. (2) Termination Funds made available for a fiscal year by this subsection shall remain available until whichever of the following first occurs: (A) The enactment into law of an appropriation for such fiscal year (including a continuing appropriation) for such operations. (B) The enactment into law for the Maritime Administration of the applicable regular appropriation for such fiscal year, or continuing appropriations resolution for such fiscal year, without any appropriation for such operations. .
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113-hr-4831
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I 113th CONGRESS 2d Session H. R. 4831 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mr. Kildee introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a Federal tax credit approximation matching program for State new manufacturing jobs training tax credits, and for other purposes.
1. Short title This Act may be cited as the Twenty-First Century Manufacturing Skills and Jobs Act of 2014 . 2. Federal matching payments for State new manufacturing jobs training tax credits (a) Authority To make payments Subject to subsection (h), the Secretary of the Treasury shall, on a quarterly basis, make a payment to each eligible community college in an amount equal to the aggregate new manufacturing job withholding matches for all eligible trainees with respect to such eligible community college for such quarter. (b) New manufacturing job tax withholding match In the case of any quarter, the new manufacturing job withholding match with respect to any eligible trainee is an amount equal to the amounts remitted as described in subsection (d)(1)(A) during such quarter with respect to such trainee by a participating eligible manufacturing employer. (c) Eligible community college For purposes of this section, the term eligible community college means a public institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )— (1) at which the majority of degrees awarded, for any academic year, are 2-year associate's degrees that are acceptable for full credit toward a baccalaureate degree, (2) that is located in a State that has a State new manufacturing jobs training tax credit program in effect, and (3) that participates in such program by having in effect a contract that meets the requirements of subsection (d)(2). (d) State new manufacturing jobs training tax credit program (1) Programs described For purposes of this section, the term State new manufacturing jobs training tax credit program means a program established by a State government that provides that, if an eligible community college and an eligible manufacturing employer sign a contract that meets the requirements of paragraph (2) with respect to an eligible trainee— (A) the State income taxes withheld by the employer on behalf of the eligible trainee, once employed by the employer, to the extent they do not exceed the cost of qualified training specified in such contract, will not be remitted to the State in payment of income taxes, but will be remitted to the eligible community college, (B) the amounts so remitted will be treated in the hands of the eligible community college as payment for education provided by such community college, and (C) for purposes of determining the State income tax liability of the eligible trainee, the amounts so remitted will be treated as if they had been remitted to the State in payment of income taxes owed by the eligible trainee. (2) Qualified contract A contract meets the requirements of this paragraph if— (A) the contract is between an eligible community college located in the State that has the program described in paragraph (1) and an eligible manufacturing employer with at least 1 job site located in such State, (B) the contract meets all applicable requirements under such State program, (C) the contract provides that— (i) the eligible community college will directly provide qualified training to individuals designated by the employer or will contract with a provider of qualified training to provide such training to such individuals, (ii) the eligible community college will not charge tuition or fees to such individuals, (iii) the employer will hire such individuals for full-time employment at a job site located within the State, (iv) such individuals will be paid by the employer a wage that is not less than the greater of— (I) 175 percent of the Federal minimum wage, or (II) the amount specified under the State program, and (v) as provided under the State program, the employer will remit the State income taxes withheld by the employer on behalf of the individual to the community college in payment for the training, to the extent such taxes do not exceed the cost described in subparagraph (D), (D) the contract specifies the entire cost of the qualified training (including all costs for equipment or instructional materials) that will be provided to each individual, and (E) the cost and terms specified under subparagraph (D) are reasonable by market standards. (3) Qualified training For purposes of this section, the term qualified training means education or training which, if completed, will provide the individual with— (A) education or skills necessary to perform the job for which such individual will be employed, (B) education or skills necessary to obtain a license required under Federal, State, or local governmental regulation for the employment of the individual in the job for which such individual will be employed, (C) a certificate or credential which is required under Federal, State, or local governmental regulation for the employment of the individual in the job for which such individual will be employed, or (D) a certificate or credential aligned with national or regionally recognized industry standards determined appropriate by the State. (4) Job must be new job (A) In general A State program will not be treated as a State new manufacturing jobs training tax credit program for purposes of this subsection unless the program provides that, in order to be eligible to participate, the employer must show with respect to each eligible trainee that such eligible trainee is hired for a job that— (i) is a new job (which, for purposes of this paragraph, may include a new position within an existing job category), and not a job of a recalled worker, a replacement job, or any other job that existed in the employer's business within the 1-year period preceding the date of hire, (ii) is not a job that existed in a business operation or substantially similar business operation of the employer formerly located in another location which was closed or substantially reduced by the employer, and (iii) results in a net increase in employment for the employer. (B) Only U.S. employees taken into account For purposes of subparagraph (A), only employees at job sites located in the United States (including the possessions of the United States) shall be taken into account. (5) Aggregation rules All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414 of the Internal Revenue Code of 1986, shall be treated as a single employer for purposes of this section. (6) Cooperation with local workforce investment boards An employer or eligible community college participating in a State new manufacturing jobs training tax credit program may work with local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) in searching for individuals to hire and train through such program. (e) Eligible trainee For purposes of this section, the term eligible trainee means an individual— (1) who received qualified training through an eligible community college pursuant to a contract that meets the requirements of subsection (d)(2), under a State new manufacturing jobs training tax credit program, and (2) who is employed on a full-time basis, during the quarter for which payment is made under subsection (a), by the employer who was a party to such contract— (A) at a job site located in the same State as the eligible community college, (B) at a wage that meets the requirements of subsection (d)(2)(iii), (C) in a job that meets the new job requirement of subsection (d)(4), and (D) in a job for which such qualified training is required, either by law or regulation or by the inherent requirements of the job. (f) Eligible manufacturing employer For purposes of this section, the term eligible manufacturing employer means any person— (1) which employs individuals in the trade or business of manufacturing, (2) the manufacturing facilities of which are located in the United States, and (3) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System. (g) Appropriation Out of any sums in the Treasury not otherwise appropriated, there are appropriated on an ongoing basis such sums as are necessary to carry out this section. (h) Remission of State income tax withholdings not treated as payments for training or education In the case of an eligible manufacturing employer, the amount of withheld State income tax which is remitted by the employer to an eligible community college as described in subsection (d)(1)(A) shall not be treated as an amount paid or incurred by the employer for purposes of any credit or deduction available under the Internal Revenue Code of 1986 to such employer, but shall be treated as if such amount had been remitted to the State in payment of income taxes owed by the employee. (i) Tax treatment of payments with respect to eligible trainee In the case of an eligible trainee, neither— (1) the amount of any withheld State income tax which is remitted by an employer to an eligible community college as described in subsection (d)(1)(A), nor (2) the amount of any payment made under subsection (a), shall be treated for purposes of the Internal Revenue Code of 1986 as income of the eligible trainee. For purposes of determining the deduction under section 164(a)(3) of such Code, amounts described in paragraph (1) shall be treated as amounts paid for State income taxes by the eligible trainee.
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113-hr-4832
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I 113th CONGRESS 2d Session H. R. 4832 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Ms. Michelle Lujan Grisham of New Mexico (for herself and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to provide student loan eligibility for mid-career, part-time students, and for other purposes.
1. Short title This Act may be cited as the Education for Jobs Act . 2. Student loan eligibility for mid-career part-time students (a) Student eligibility Section 484(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1091 ) is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following: (5) A student who— (A) is carrying at least 3 credit hours or the equivalent coursework for the course of study that the student is pursuing, as determined by the eligible institution, (B) is enrolled in a course of study necessary for enrollment in a program leading to a degree or certificate, and (C) was employed on a full-time basis for not less than 10 years, shall be, notwithstanding paragraph (1) of subsection (a), eligible to apply for loans under part D of this title. . (b) Annual and aggregate loan limits Section 428(b)(1)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1078(b)(1)(A) ) is amended by inserting or meets the requirements of section 484(b)(5) after institution) . (c) Repayment period (1) Stafford loans Section 428(b)(7)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1078(b)(7)(A) ) is amended by inserting before the period at the end the following: or, in the case of a student described in section 484(b)(5), the day after 6 months after the date such student ceases to meet the requirements of such section . (2) PLUS loans Section 428B(d)(1)(B)(ii) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–2(d)(1)(B)(ii) ) is amended by inserting before the period at the end the following: or, in the case of a graduate or professional student borrower described in section 484(b)(5), during the 6-month period beginning on the day after the date such student ceases to meet the requirements of such section .
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113-hr-4833
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I 113th CONGRESS 2d Session H. R. 4833 IN THE HOUSE OF REPRESENTATIVES June 10, 2014 Mrs. Carolyn B. Maloney of New York (for herself and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To increase the participation of historically underrepresented demographic groups in science, technology, engineering, and mathematics education and industry.
1. Short title This Act may be cited as the Women and Minorities in STEM Booster Act of 2014 . 2. Grant program to increase the participation of women and underrepresented minorities in STEM fields (a) Findings Congress finds the following: (1) One of the core missions of the National Science Foundation is to achieve excellence in U.S. science, technology, engineering and mathematics (STEM) education . (2) According to the National Academy of Sciences, STEM education at the undergraduate level is vital to developing a workforce that will allow the United States to remain the leader in the 21st century global economy. (3) According to the National Academy of Sciences, in order to maintain scientific and engineering leadership amid increasing economic and educational globalization, the United States must aggressively pursue the innovative capacity of all people in the United States—women and men. (4) According to the August 2011 report Women in STEM: A Gender Gap to Innovation , the Department of Commerce found the following: (A) According to the Census Bureau’s 2009 American Community Survey (ACS), women comprise 48 percent of the U.S. workforce but just 24 percent of STEM workers. . (B) [B]etween 2000 and 2009, women’s share of the STEM workforce remained constant at 24 percent, while their share of all college-educated workers increased from 46 to 49 percent . (C) The ACS data on undergraduate fields of study show that women account for nearly half of employed college graduates age 25 and over, but only about 25 percent of employed STEM degree holders and an even smaller share—just about 20 percent—of STEM degree holders working in STEM jobs. . (5) In 2007, underrepresented minority groups comprised 33.2 percent of the college-age population of the United States, but only 17.7 percent of undergraduate students earning a baccalaureate degree in a STEM field. (6) The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to an approximate 33 percent and 42 percent 5-year completion rate for White and Asian students, respectively. (7) According to the National Action Council for Minorities in Engineering, Inc., no one race or ethnic category will be a majority by 2050, and as the United States works to remain competitive in the world of technological innovation, the United States should address the need to increase the number of individuals from underrepresented minority segments of the population who work in engineering. (b) Program Authorized The Director of the National Science Foundation, acting through the Education and Human Resources Directorate and not less than 1 research directorate of the National Science Foundation, shall award grants to eligible entities, on a competitive basis, to enable such eligible entities to carry out the activities described in subsection (e), in order to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics. (c) Eligible Entity In this section, the term eligible entity means— (1) a department of science, technology, engineering, or mathematics at an institution of higher education, as defined under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); (2) a consortium of departments described in paragraph (1); (3) a department or consortium described in this subsection, in partnership with a department, college, or school of education at such institution of higher education; or (4) a nonprofit organization, which may include— (A) a nonprofit scientific or professional society or organization that represents 1 or more science or engineering disciplines; or (B) a nonprofit organization that has the primary mission of advancing the participation of underrepresented segments of the population in science and engineering. (d) Application Each eligible entity that desires to receive a grant under this section shall submit an application to the Director of the National Science Foundation at such time, in such manner, and containing such information as the Director of the National Science Foundation may reasonably require. (e) Authorized Activities An eligible entity that receives a grant under this section shall use such grant funds to carry out the following activities designed to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics: (1) Online workshops. (2) Mentoring programs that partner science, technology, engineering, or mathematics professionals with students. (3) Internships for undergraduate and graduate students in the fields of science, technology, engineering, and mathematics. (4) Conducting outreach programs that provide elementary school and secondary school students with opportunities to increase their exposure to the fields of science, technology, engineering, or mathematics. (5) Such additional programs as the Director of the National Science Foundation may determine. (f) Authorization of Appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2015, 2016, and 2017.
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113-hr-4834
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I 113th CONGRESS 2d Session H. R. 4834 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Petri (for himself and Ms. Norton ) (both by request): introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Energy and Commerce , Ways and Means , Science, Space, and Technology , Natural Resources , Oversight and Government Reform , the Budget , and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize highway infrastructure and safety, transit, motor carrier, rail, and other surface transportation programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Generating Renewal, Opportunity, and Work with Accelerated Mobility, Efficiency, and Rebuilding of Infrastructure and Communities throughout America Act or the GROW AMERICA Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Effective date. Title I—Transportation Infrastructure Initiatives Subtitle A—Increasing Efficiency in Project Delivery Sec. 1001. Improving State and Federal agency engagement in environmental reviews. Sec. 1002. Environmental review alignment and reform. Sec. 1003. Improving collaboration for accelerated decisionmaking. Sec. 1004. Unreasonable obstruction of navigation determination. Sec. 1005. Satisfaction of requirements for certain historic sites. Sec. 1006. Rail and transit exemption from consideration under section 4( f ). Sec. 1007. Multimodal categorical exclusions. Sec. 1008. Improving transparency in environmental reviews. Sec. 1009. Infrastructure permitting improvement center. Sec. 1010. Clarification of transportation environmental authorities. Sec. 1011. Advance acquisition. Sec. 1012. Bridge exemption from consideration under section 4( f ). Subtitle B—Freight Policy and Financing Sec. 1101. Multimodal freight investment program. Sec. 1102. Redesignation of the national network. Subtitle C—Planning Sec. 1201. Transportation system resilience assessment. Sec. 1202. Consolidated and high performing metropolitan planning organizations. Sec. 1203. Participation of public port authorities. Sec. 1204. Strengthening the statewide and nonmetropolitan planning process. Sec. 1205. Removal of the congestion management process. Sec. 1206. Public involvement in plan development. Sec. 1207. Connection to opportunities national goal and potential performance measure. Sec. 1208. Workforce development. Sec. 1209. Measuring transportation connectivity pilot activities. Sec. 1210. Performance-based project selection. Sec. 1211. Stormwater planning. Subtitle D—Congestion Mitigation and Air Quality Improvement Sec. 1301. Eligible projects. Sec. 1302. Special rules. Sec. 1303. Priority consideration. Sec. 1304. Evaluation and assessment of projects. Sec. 1305. Electric vehicle charging stations and commercial motor vehicle anti-idling facilities in rest areas. Subtitle E—Innovative Finance and Tolling Sec. 1401. 21st century infrastructure investments. Sec. 1402. Transportation Infrastructure Finance and Innovation Act of 1998 amendments. Sec. 1403. Railroad rehabilitation and improvement financing. Sec. 1404. State infrastructure bank program. Sec. 1405. Toll roads, bridges, tunnels, and ferries. Sec. 1406. Tax-exempt financing for qualified surface transportation projects. Sec. 1407. Pay for success. Title II—Federal-Aid Highways Subtitle A—Authorizations and Programs Sec. 2001. Authorization of appropriations. Sec. 2002. Obligation limitation. Sec. 2003. Apportionment. Sec. 2004. Federal lands transportation program. Sec. 2005. Emergency relief for federally owned roads. Sec. 2006. Tribal high priority projects program and tribal transportation program amendments. Sec. 2007. Federal lands access program Federal share. Sec. 2008. Nationally significant Federal lands and tribal projects program. Sec. 2009. Federal lands programmatic activities. Sec. 2010. Bridges requiring closure or load restrictions. Sec. 2011. Broadband infrastructure deployment. Sec. 2012. Critical immediate investments program. Sec. 2013. Appalachian development highway system. Subtitle B—Performance Management Sec. 2101. Performance management data support program. Sec. 2102. Performance period adjustment. Sec. 2103. Multimodal accommodations. Subtitle C—Improved Federal Stewardship Sec. 2201. Project approval and oversight. Subtitle D—Other Sec. 2301. Letting of contracts. Sec. 2302. Construction of ferry boats and ferry terminal facilities. Sec. 2303. Green stormwater infrastructure. Sec. 2304. Elimination or modification of certain FHWA reporting requirements. Title III—Public Transportation Sec. 3001. Short title; amendments to title 49, United States Code. Sec. 3002. Definitions. Sec. 3003. Formula grants for enhanced mobility. Sec. 3004. Formula grants for public transportation on Indian reservations. Sec. 3005. Workforce development programs. Sec. 3006. General provisions. Sec. 3007. Public transportation local hiring. Sec. 3008. Public transportation safety program. Sec. 3009. Authorizations. Sec. 3010. Bus and bus facilities program. Sec. 3011. Rapid growth area transit program. Sec. 3012. Technical corrections. Sec. 3013. Technical corrections of title II, division B, of MAP–21. Sec. 3014. Elimination of FTA annual research reporting requirement. Title IV—Highway and Motor Vehicle Safety Subtitle A—Traffic Safety Sec. 4001. Authorization of appropriations. Sec. 4002. Highway safety programs. Sec. 4003. Amendment to section 405 national priority safety programs transfer authority. Sec. 4004. Amendment to motorcyclist safety grant criteria. Sec. 4005. Amendment to graduated driver licensing incentive grant criteria. Sec. 4006. Amendment to ignition interlock grant criteria. Sec. 4007. Amendment to repeat offender and open container criteria. Sec. 4008. Amendment to distracted driving grant criteria. Sec. 4009. Streamlining of national priority safety programs. Sec. 4010. Amendment to highway research and development. Subtitle B—Motor Vehicle Safety Sec. 4101. Authorization of appropriations. Sec. 4102. Recall obligations under bankruptcy. Sec. 4103. Prohibition on rendering safety elements inoperative. Sec. 4104. Cooperation with foreign governments. Sec. 4105. Functional safety process. Sec. 4106. Notification of defect or noncompliance and imminent hazard authority. Sec. 4107. Amendment to judicial review provisions. Sec. 4108. Inspection authority under automobile fuel economy statute. Sec. 4109. Recall authority over rental car companies and used car dealers. Sec. 4110. Civil penalties. Sec. 4111. Technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012. Title V—Motor Carrier Safety Program Sec. 5001. Amendment of title 49, United States Code. Subtitle A—Commercial Motor Vehicle Safety Sec. 5101. Commercial motor vehicle defined. Sec. 5102. Motor carrier operations affecting interstate commerce. Sec. 5103. Bus rentals and definition of employer. Sec. 5104. High-risk carrier reviews. Sec. 5105. New entrant safety audits. Sec. 5106. Imminent hazard actions. Sec. 5107. International commerce transported on highways through the United States. Subtitle B—Driver Safety Provisions Sec. 5201. Commercial driver’s license requirements. Sec. 5202. Disqualifications based on non-commercial motor vehicle operations. Sec. 5203. Recording of Federal disqualifications on CDLIS. Sec. 5204. Failure to pay civil penalty as a disqualifying offense. Sec. 5205. Controlled substance violations. Subtitle C—Medical and Registration Provisions Sec. 5301. Effect of driving on commercial motor vehicle operators. Sec. 5302. Jurisdiction over brokers of motor carriers of passengers. Sec. 5303. Revocation or suspension of registration. Sec. 5304. Revocation of registration for failure to respond to subpoena. Sec. 5305. Lapse of required financial security; suspension of registration. Subtitle D—Grants and Authorizations Sec. 5401. FMCSA financial assistance programs. Subtitle E—Miscellaneous Sec. 5501. Motor carrier safety advisory committee. Sec. 5502. Unified carrier registration plan. Sec. 5503. Self-insurance for motor carriers repealed. Sec. 5504. Electronic logging device recall authority. Sec. 5505. Repeal of motor carrier financial reporting requirement. Sec. 5506. Contractors exercising operational control over motor carrier operations. Sec. 5507. Driver compensation. Sec. 5508. Civil enforcement authority. Sec. 5509. Criminal penalties. Sec. 5510. Penalties for violations of out-of-service orders. Sec. 5511. Technical corrections. Sec. 5512. Audits and compliance investigations of Mexico-domiciled motor carriers. Sec. 5513. Administrative adjudication of violations of commercial regulations and statutes. Sec. 5514. Access to national driver register. Sec. 5515. Elimination of certain FMCSA reporting requirements. Title VI—Hazardous Material Transportation Safety Sec. 6001. Amendment of title 49, United States Code. Sec. 6002. Emergency operational controls. Sec. 6003. Enhanced registration requirements. Sec. 6004. User fees for special permits. Sec. 6005. National emergency and disaster response. Sec. 6006. Enhanced reporting. Sec. 6007. Improving publication of special permits. Sec. 6008. Hazard abatement authority. Sec. 6009. Inspection of non-domestic entities. Sec. 6010. Improving the effectiveness of the HMEP grant program. Sec. 6011. Civil penalty. Sec. 6012. General duty. Sec. 6013. Authorization of appropriations. Sec. 6014. Elimination of certain PHMSA reporting requirements. Title VII—Amendments to the Internal Revenue Code Sec. 7001. Amendment of 1986 Code. Sec. 7002. Extension of highway-related taxes. Sec. 7003. Extension of provisions related to the Sport Fish Restoration and Boating Trust Fund. Sec. 7004. Transportation Trust Fund. Sec. 7005. Effective date. Title VIII—Research Subtitle A—Funding Sec. 8001. Authorization of appropriations. Subtitle B—Research, Technology, and Education Sec. 8101. National Cooperative Freight Transportation Research Program. Sec. 8102. Competitive University Transportation Centers Consortia Program. Sec. 8103. Priority Multimodal Research Program. Sec. 8104. Bureau of Transportation Statistics. Sec. 8105. ITS goals and purposes. Sec. 8106. ITS general authorities and requirements. Sec. 8107. ITS national architecture and standards. Sec. 8108. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment. Sec. 8109. Infrastructure development. Sec. 8110. Departmental research programs; conforming amendments. Sec. 8111. Office of Intermodalism. Sec. 8112. Cooperation with Federal and State agencies and foreign countries. Title IX—Rail Safety, Reliability, and Efficiency Sec. 9001. Short title; amendment of title 49, United States Code. Subtitle A—National High-Performance Rail System Sec. 9101. Purpose and objectives. Sec. 9102. Grant programs. Sec. 9103. Amtrak 5-year business planning. Sec. 9104. Clarification of grant conditions. Sec. 9105. Research and development. Sec. 9106. Miscellaneous revisions. Subtitle B—Policy Sec. 9201. Regional rail development authorities. Sec. 9202. Northeast Corridor Infrastructure and Operations Advisory Commission. Sec. 9203. Standardization of passenger equipment and platforms. Sec. 9204. Next Generation Equipment Committee. Sec. 9206. Rail passenger transportation liability and mandatory coverage. Sec. 9207. Shared-use study. Sec. 9208. Disadvantaged business enterprises; disparity and availability study. Subtitle C—Planning Sec. 9301. National and regional rail planning. Sec. 9302. State rail plans. Subtitle D—Safety Improvements Sec. 9401. Requirement for uniform operating rules. Sec. 9402. Positive train control. Sec. 9403. Hours of service reform. Sec. 9404. Amendments to the safety appliance law. Sec. 9405. Amendments to the locomotive inspection law. Sec. 9406. Technical amendment to the provision on protection of railroad safety risk reduction program information. Sec. 9407. Noise emission standards. Sec. 9408. Technical amendment to chapter 201 general civil penalty provision. Sec. 9409. Miscellaneous authorization of appropriations. Sec. 9410. Repair and replacement of damaged track inspection equipment. Subtitle E—Miscellaneous Revisions and Technical Corrections Sec. 9501. Authorization of appropriations. Sec. 9502. Technical corrections to the Rail Safety Improvement Act of 2008. Sec. 9503. Technical correction to introductory text of Public Law 110–432 . Sec. 9504. Technical corrections to uncodified provisions of division A of Public Law 110–432 , the Rail Safety Improvement Act of 2008. Sec. 9505. Technical corrections to provisions of the hours of service laws and related civil penalty provision. Sec. 9506. Elimination of certain FRA reporting requirements. Title X—Miscellaneous Sec. 10001. Consideration of travel and tourism in award of financial assistance. Sec. 10002. Electronic reports and report modification. Sec. 10003. Amendment of Federal Aid in Sport Fish Restoration Act. Sec. 10004. Amendments to chapter 537 of title 46. Sec. 10005. Government-wide authority for electric charging infrastructure at no cost to the taxpayer. Title XI—Budgetary Interpretations and Treatments Sec. 11001. Amounts in this Act. Sec. 11002. Direct or mandatory spending. Sec. 11003. Treatment for statutory PAYGO and related purposes. Sec. 11004. Scoring of changes in contract authority in appropriations Acts. Sec. 11005. Scoring of changes in obligation limits in appropriations Acts. Sec. 11006. Scoring of transfers between the general fund and the Transportation Trust Fund. Sec. 11007. Special rule. 2. Definitions In this Act, the following definitions apply: (1) Department The term Department means the Department of Transportation. (2) Secretary The term Secretary means the Secretary of Transportation. 3. Effective date Except as otherwise provided, this Act, and the amendments made by this Act, shall take effect on October 1, 2014. I Transportation Infrastructure Initiatives A Increasing Efficiency in Project Delivery 1001. Improving State and Federal agency engagement in environmental reviews (a) In general Title 49, United States Code, is amended by inserting after section 306 the following: 307. Improving State and Federal agency engagement in environmental reviews (a) In general A public entity receiving financial assistance from the Department of Transportation for one or more projects or for a program of projects, may request that the Secretary allow the public entity to provide funds to Federal agencies, including the Department of Transportation, State agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program. The funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval and consultation processes for the project, projects, or program. (b) Activities eligible for funding Activities for which funds may be provided under subsection (a) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements. (c) Amounts Requests under subsection (a) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to timely conduct their review. (d) Agreements Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under subsection (a), the affected Federal agency and the requesting public entity shall enter into an agreement that establishes a process to identify projects or priorities to be addressed by the use of the funds. (e) Existing authority Nothing in this section shall be construed as conflicting with the provisions of section 139(j) of title 23. . (b) Conforming amendment The analysis of chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 306 the following: 307. Improving State and Federal agency engagement in environmental reviews . 1002. Environmental review alignment and reform (a) In general Title 49, United States Code, is amended by inserting after section 309 the following: 310. Aligning Federal environmental reviews (a) Coordinated and concurrent environmental reviews Within one year of the date of enactment of GROW AMERICA Act, the Department of Transportation, in coordination with the Steering Committee, shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the National Environmental Policy Act ( 42 U.S.C. 4321 et seq. ) (referred to as NEPA in this section). This coordinated and concurrent environmental review and permitting process shall— (1) ensure that the Department of Transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project’s purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project; (2) achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need and during development of the environmental impact statement on the range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely upon for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction’s obligations under statute or Executive order; and (3) achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency’s environmental or permitting review in order to meet an agency of jurisdiction’s obligations under statute or Executive order. (b) Environmental Checklist The Secretary and Federal Agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall, within 90 days of the date of enactment of GROW AMERICA Act, jointly develop a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of a proposed project. The purpose of the checklist is to— (1) identify agencies of jurisdiction and cooperating agencies, (2) develop the information needed for the purpose and need and alternatives for analysis; and (3) improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction. (c) Interagency collaboration Consistent with Federal environmental statutes and the priority reform actions for Federal agency permitting and reviews defined and identified by the Steering Committee described in section 1009, the Secretary shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management. This engagement shall also ensure agency staff is fully engaged and utilizing the flexibility of existing regulations, policies, and guidance and identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions. These sessions and the interagency collaborations they generate shall also focus on how to work with State and local transportation entities to improve project planning, siting, and application quality and how to consult and coordinate with relevant stakeholders and Federal, Tribal, State, and local representatives early in permitting processes. (d) Performance measurement Within one year of the date of enactment of GROW AMERICA Act, the Department of Transportation, in coordination with the Steering Committee, shall establish a program to measure and report on progress towards aligning Federal reviews as outlined in this section. . (b) Conforming amendment The analysis of subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following: 310. Aligning Federal environmental reviews . 1003. Improving collaboration for accelerated decisionmaking Section 139(h) of title 23, United States Code, is amended— (1) in paragraph (5)(A)(ii)(I), by inserting , including modifications to the project schedule after review process ; and (2) in paragraph (6)(B), by striking clause (ii) and inserting the following: (ii) Description of date The date referred to in clause (i) is one of the following: (I) The date that is 30 days after the date for rendering a decision as set in the project schedule created pursuant to paragraph (g)(1)(B) of this section. (II) If no schedule exists, the later of— (aa) the date that is 180 days after the date on which an application for the permit, license or approval is complete; or (bb) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (III) A modified date consistent with subsection (g)(1)(D) of this section. . 1004. Unreasonable obstruction of navigation determination (a) Bridge act of 1906 Section 4 of the Bridge Act of 1906 ( 33 U.S.C. 494 ) is amended— (1) by designating the existing text as subsection (a); and (2) by inserting at the end the following: (b) When determining whether a bridge unreasonably obstructs the free navigation of the waters over which it is constructed, the Secretary shall, for projects that are funded under title 23 or title 49, United States Code, consider— (1) the necessities of rail, aviation, transit, and highway traffic; and (2) construction, maintenance, and operation costs of the proposed bridge. . (b) General bridge act of 1946 Section 502 of the General Bridge Act of 1946 ( 33 U.S.C. 525 ) is amended by inserting at the end the following: (d) Unreasonable obstruction of navigation determination When determining whether a bridge unreasonably obstructs the free navigation of the waters over which it is constructed, the Secretary shall, for projects that are funded under title 23 or title 49, United States Code, consider— (1) the necessities of rail, aviation, transit, and highway traffic; and (2) construction, maintenance, and operation costs of the proposed bridge. . 1005. Satisfaction of requirements for certain historic sites (a) Title 23 amendment Section 138 of title 23, United States Code, is amended by adding at the end the following: (c) Satisfaction of requirements for certain historic sites (1) In general The Secretary shall seek to align the requirements of this section with the requirements of the National Environmental Policy Act ( 42 U.S.C. 4231 et seq. ) (NEPA), section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ) (referred to as section 106 in this section), and their implementing regulations and will coordinate with the Department of the Interior and the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of both within 90 days of enactment of GROW AMERICA Act. (2) Avoidance alternative analysis If, in an analysis required under NEPA the Secretary determines that there is no feasible or prudent alternative to avoid a use of an historic site, the Secretary may include the Secretary’s determination in the NEPA analysis and notify the applicable State historic preservation officer, tribal historic preservation officer, the Advisory Council on Historic Preservation (if the Council is participating in the section 106 consultation process), and the Secretary of the Interior of such findings and request concurrence that such determination is sufficient to satisfy (a)(1). If the applicable preservation officer, the Council, and the Secretary of the Interior concur, no further analysis under (a)(1) shall be required. The Secretary’s Record of Decision or Finding of No Significant Impact shall include such a finding, as well as documentation of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior. A notice of intent from the Secretary of such a finding, as well as notice of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior will be posted on an appropriate Federal website within 3 days of their occurrence. (3) Aligning historical reviews If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in (2), the Secretary may then notify the applicable preservation officer, the Secretary of the Interior, and the Advisory Council on Historic Preservation of the Department’s intent to satisfy the conditions of (a)(2) through the consultation requirements of section 106. The applicable preservation officer, the Council, and the Secretary of the Interior must concur in the treatment of the historic site agreed upon in the Memorandum of Agreement or Programmatic Agreement developed in accordance with section 106 in order to satisfy the conditions of (a)(2). . (b) Title 49 amendment Section 303 of title 49, United States Code, is amended— (1) in subsection (c), by striking subsection (d) and inserting subsections (d) and (e) ; and (2) by inserting at the end the following: (e) Satisfaction of requirements for certain historic sites (1) In general The Secretary shall seek to align the requirements of this section with the requirements of the National Environmental Policy Act ( 42 U.S.C. 4231 et seq. ) (NEPA), section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ) (referred to as section 106 in this section), and their implementing regulations and will coordinate with the Department of the Interior and the Advisory Council on Historic Preservation to establish procedures that will satisfy the requirements of both within 90 days of enactment of GROW AMERICA Act. (2) Avoidance alternative analysis If, in an analysis required under NEPA the Secretary determines that there is no feasible or prudent alternative to avoid a use of an historic site, the Secretary may include the Secretary’s determination in the NEPA analysis and notify the applicable State historic preservation officer, tribal historic preservation officer, the Advisory Council on Historic Preservation (if the Council is participating in the section 106 consultation process), and the Secretary of the Interior of such findings and request concurrence that such determination is sufficient to satisfy (a)(1). If the applicable preservation officer, the Council, and the Secretary of the Interior concur, no further analysis under (a)(1) shall be required. The Secretary’s Record of Decision or Finding of No Significant Impact shall include such a finding, as well as documentation of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior. A notice of intent from the Secretary of such a finding, as well as notice of the concurrence of the applicable preservation officer, the Council, and the Secretary of the Interior will be posted on an appropriate Federal website within 3 days of their occurrence. (3) Aligning historical reviews If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in (2), the Secretary may then notify the applicable preservation officer, the Secretary of the Interior, and the Advisory Council on Historic Preservation of the Department’s intent to satisfy the conditions of (a)(2) through the consultation requirements of section 106. The applicable preservation officer, the Council, and the Secretary of the Interior must concur in the treatment of the historic site agreed upon in the Memorandum of Agreement or Programmatic Agreement developed in accordance with section 106 in order to satisfy the conditions of (a)(2). . 1006. Rail and transit exemption from consideration under section 4( f ) (a) Title 23 amendment Section 138 of title 23, United States Code, as amended by this Act, is further amended by inserting the following after subsection (c): (d) Rail and transit Improvements to, or the maintenance, rehabilitation, or operation of railroad or rail transit lines or elements thereof, with the exception of stations, that are in-use or were historically used for transportation of goods or passengers, shall not be considered a use of an historic site under subsection (a), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places. . (b) Title 49 amendment Section 303 of title 49, United States Code, as amended by this Act, is further amended— (1) in subsection (c), by striking subsections (d) and (e) and inserting subsections (d), (e) and (f) ; and (2) by inserting the following after subsection (e): (f) Rail and transit Improvements to, or the maintenance, rehabilitation, or operation of railroad or rail transit lines or elements thereof, with the exception of stations, that are in-use or were historically used for transportation of goods or passengers, shall not be considered a use of an historic site under subsection (c), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places. . 1007. Multimodal categorical exclusions Section 304 of title 49, United States Code, is amended as follows: (1) Subsection (a)(1) is amended— (A) by striking operating authority and inserting operating administration or secretarial office ; (B) by inserting has expertise but before is not the lead ; and (C) by inserting proposed multimodal before project . (2) Subsection (a)(2) is amended to read as follows: (2) Lead authority The term lead authority means a Department of Transportation operating administration or secretarial office that has the lead responsibility for a proposed multimodal project. . (3) Subsection (a)(3) is amended by striking has the meaning given the term in section 139(a) of title 23 and inserting means an action by the Department of Transportation that involves expertise of one or more Department of Transportation operating administrations or secretarial offices . (4) Subsection (b) is amended by striking under this title and inserting by the Secretary . (5) Subsection (c) is amended— (A) by striking a categorical exclusion designated under the implementing regulations or and inserting categorical exclusions designated under the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) implementing ; (B) by striking other components of the and inserting a proposed multimodal ; (C) by amending paragraphs (1) and (2) to read as follows: (1) the lead authority makes a preliminary determination on the applicability of a categorical exclusion to a proposed multimodal project and notifies the cooperating authority of its intent to apply the cooperating authority categorical exclusion; (2) the cooperating authority does not object to the lead authority’s preliminary determination of its applicability; ; (D) by amending paragraph (3) by inserting the lead authority determines that at the beginning, and proposed multimodal before project to be covered ; and (E) by amending paragraph (4) to read as follows: (4) the lead authority, with the concurrence of the cooperating authority— (A) follows implementing regulations or procedures under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) determines that the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and (C) determines that extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). . (7) Subsection (d) is amended to read as follows: (d) Cooperating authority expertise A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise. . 1008. Improving transparency in environmental reviews (a) In general Title 49, United States Code, is amended by inserting after section 310, as added by this Act, the following: 311. Improving transparency in environmental reviews (a) In general Not later than 2 years after the date of enactment of GROW AMERICA Act, the Secretary shall establish an online platform and, in coordination with agencies described in subsection (b), issue reporting standards to make publically available the status and progress with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S. C. 4321 et seq.) and any other Federal approval required under applicable laws for projects and activities requiring an environmental assessment or an environmental impact statement. (b) Federal agency participation A Federal agency of jurisdiction over an approval required for a project under applicable laws shall provide information regarding the status and progress of the approval to the online platform, consistent with the standards established under subsection (a). (c) Assignment of responsibilities An entity with assigned authority for responsibilities under the National Environmental Policy Act of 1969 (42 U.S. C. 4321 et seq.), pursuant to section 326 or 327 of title 23, United States Code, shall be responsible for supplying project development and compliance status for all applicable projects. . (b) Conforming amendment The analysis of chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 310, as added by this Act, the following: 311. Improving transparency in environmental reviews . 1009. Infrastructure permitting improvement center (a) In general Title 49, United States Code, is amended by inserting after section 311, as added by this Act, the following: 312. Interagency infrastructure permitting improvement center (a) In general There is established in the Office of the Secretary an Interagency Infrastructure Permitting Improvement Center (referred to in this section as the Center ). (b) Roles and responsibilities (1) Governance The Center shall report to the chair of the Steering Committee described in paragraph (2) to ensure that the perspectives of all member agencies are represented. (2) Infrastructure permitting steering committee An Infrastructure Permitting Steering Committee is established to oversee the work of the Center. The Steering Committee shall be chaired by the Federal Chief Performance Officer in consultation with the Chair of the Council on Environmental Quality and shall be comprised of Deputy-level representatives from the following agencies: (A) The Department of Defense. (B) The Department of the Interior. (C) The Department of Agriculture. (D) The Department of Commerce. (E) The Department of Transportation. (F) The Department of Energy. (G) The Department of Homeland Security. (H) The Environmental Protection Agency. (I) The Advisory Council on Historic Preservation. (J) The Department of the Army. (K) The Department of Housing and Urban Development. (L) Other agencies the Chair invites to participate. (3) Activities The Center shall support the Chair of the Steering Committee described in paragraph (2) and undertake the following: (A) Coordinate and support implementation of priority reform actions for Federal agency permitting and reviews for areas as defined and identified by the Steering Committee described in paragraph (2). (B) Support modernization efforts at agencies and interagency pilots for innovative approaches to the permitting and review of infrastructure projects. (C) Provide technical assistance and training to field and headquarters staff of Federal agencies on policy changes, innovative approaches to project delivery and other topics as appropriate. (D) Identify, develop and track metrics for timeliness of permit reviews, permit decisions, and project outcomes. (E) Administer and expand the use of online transparency tools providing for— (i) tracking and reporting of metrics; (ii) development and posting of schedules for permit reviews and permit decisions; and (iii) sharing of best practices related to efficient project permitting and reviews. (F) Provide reporting to the President on progress towards achieving greater efficiency in permitting decisions and review of infrastructure projects and progress towards achieving better outcomes for communities and the environment. (4) Infrastructure sectors covered The Center shall support process improvements in the permitting and review of projects in the following sectors: (A) Surface transportation. (B) Aviation. (C) Ports and waterways. (D) Water resource projects. (E) Renewable energy generation. (F) Electricity transmission. (G) Broadband. (H) Pipelines. (I) Other sectors, as determined by the Steering Committee described in subparagraph (2). . (b) Conforming amendment The analysis of chapter 3 of title 49, United States Code, is amended by inserting after the item relating to section 312, as added by this Act, the following: 312. Interagency Infrastructure Permitting Improvement Center. . 1010. Clarification of transportation environmental authorities (a) Title 49 reference to section 4( f ) Section 303 of title 49, United States Code, as amended by section 1012 of this Act, is further amended by inserting at the end the following: (h) Section 4( f ) This section may be referred to as section 4(f) or section 4(f) of title 49, United States Code . . (b) Title 23 reference to section 4( f ) Section 138 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following: (f) Section 4( f ) This section may be referred to as section 4(f) or " section 4(f) of title 23, United States Code. . (c) Relocation and clarification of section 1319 of map–21 (1) Repeal Section 1319 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 , 126 Stat. 551; 42 U.S.C. 4332a ) is repealed. (2) Accelerated decisionmaking in environmental reviews Chapter 3 of title 49, United States Code, is amended by inserting after section 304 the following: 304a. Accelerated decisionmaking in environmental reviews (a) In general In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), if the Department of Transportation, when acting as lead agency, modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional Departmental response, the Department may write on errata sheets attached to the statement instead of rewriting the draft statement, subject to the condition that the errata sheets— (1) cite the sources, authorities, or reasons that support the position of the Department; and (2) if appropriate, indicate the circumstances that would trigger Departmental reappraisal or further response. (b) Incorporation To the maximum extent practicable, the Department shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless— (1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or (2) there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action. . (d) Conforming amendment The analysis of chapter 3 of title 49, United States Code, is amended by inserting the following after the item relating to section 304: 304a. Accelerated decisionmaking in environmental reviews. . (e) Effective date The repeal and amendments made by this section are effective on the date of enactment of the Moving Ahead for Progress in the 21st Century Act. 1011. Advance acquisition (a) Advance acquisition Chapter 241 of title 49, United States Code, is amended by inserting the following after section 24105: 24106. Advance acquisition (a) Rail corridor preservation The Secretary may assist a recipient of funding in acquiring right-of-way and adjacent real property interests before or during the completion of the environmental reviews for any project receiving funding under subtitle V of title 49, United States Code, that may use such property interests if the acquisition is otherwise permitted under Federal law, and the recipient requesting Federal funding for the acquisition certifies, with the concurrence of the Secretary, that— (1) the recipient has authority to acquire the real property interest; (2) the acquisition of the real property interest— (A) is for a transportation purpose; (B) will not cause significant adverse environmental impact; (C) will not limit the choice of reasonable alternatives for the proposed project or otherwise influence the decision of the Secretary on any approval required for the project; (D) does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered; (E) complies with other applicable Federal laws and regulations; (F) will be acquired through negotiation, without threat of condemnation; and (G) will not result in elimination or reduction of benefits or assistance to a displaced person required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) and title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ). (b) Environmental reviews (1) Completion of NEPA review Before authorizing Federal funding for an acquisition of a real property interest, the Secretary shall complete the review process under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the acquisition. (2) Completion of section 106 An acquisition of a real property interest involving an historic site shall not occur unless the section 106 process under the National Historic Preservation Act (16 U.S.C. 470f) (as described in 77 Fed. Reg. 68790) is complete. (3) Timing of acquisition A real property interest acquired under subsection (a) may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed. . (b) Conforming amendment The analysis of chapter 241 of title 49, United States Code, is amended by inserting the following after the item relating to section 24105: 24106. Advance acquisition. . 1012. Bridge exemption from consideration under section 4( f ) (a) Title 23 amendment Section 138 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following: (e) Bridge exemption from consideration under section 4( f ) A common post-1945 concrete or steel bridge or culvert that is exempt from individual review under section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ) (as described in 77 Fed. Reg. 68790) shall also be exempt from consideration under this section. . (b) Title 49 amendment Section 303 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: (g) Bridge exemption from consideration under section 4( f ) A common post-1945 concrete or steel bridge or culvert that is exempt from individual review under section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ) (as described in 77 Fed. Reg. 68790) shall also be exempt from consideration under this section. . B Freight Policy and Financing 1101. Multimodal freight investment program (a) Multimodal freight incentive program (1) Establishment Title 49, United States Code, is amended by adding after Chapter 53 the following: 54 Freight 5401. Multimodal freight incentive program (a) In general Subject to the requirements of this section, the Secretary shall— (1) establish a program to make grants to States to improve the efficiency and reliability of freight movement in the United States; (2) under subsection (c), calculate the maximum amount of funding that the Secretary may allocate to a State under this section for a fiscal year; and (3) under subsection (e), allocate to a State one or more grants for which the State qualifies in such fiscal year, based on the criteria specified in such subsection. (b) Definition In this section, the term State means any of the 50 States, the District of Columbia, or Puerto Rico. (c) Calculation (1) Annual amount The Secretary shall calculate the amount of funding available to be allocated to a State under this section for a fiscal year as follows— (A) the amount made available to provide multimodal freight incentive grants under this section for such fiscal year; multiplied by (B) the overall ratio specified in paragraph (3). (2) Floor amount Under the calculations in paragraph (1), a State’s amount for a fiscal year shall not be less than 0.5 percent of the amount made available to provide multimodal freight incentive grants under this section for such fiscal year. (3) Ratio Subject to paragraph (2), the Secretary shall determine the overall ratio referenced in paragraph (1)(B) based on the following ratios: (A) 6.25 percent in the ratio that— (i) the number of ports in each State; bears to (ii) the number of ports in all States. (B) 6.25 percent in the ratio that— (i) the number of rail track-miles used for the movement of freight in each State; bears to (ii) the number of such rail track-miles in all States. (C) 6.25 percent in the ratio that— (i) the number of cargo-handling airports in each State; bears to (ii) the number of such airports in all States. (D) 6.25 percent in the ratio that— (i) the number of Interstate system miles in each State; bears to (ii) the number of Interstate system miles in all States. (E) 37.5 percent in the ratio that— (i) the tonnage of rail, waterborne, highway, airport and pipeline freight moved in each State; bears to (ii) the tonnage of such freight moved in all States. (F) 37.5 percent in the ratio that— (i) the value of rail, waterborne, highway, airport and pipeline freight moved in each State; bears to (ii) the value of such freight moved in all States. (d) Eligibility A State shall use a grant under this section for— (1) the development of corridor freight plans or regional freight plans; or (2) one or more phases of capital projects, equipment or operational improvements on roads, rails, landside infrastructure on ports and airports, and intermodal connectors included in a State freight plan under section 5404 of this title for projects that— (A) maintain or improve the efficiency and reliability of freight supply chains; (B) demonstrate public freight benefits; (C) improve modal components of a multimodal corridor that is critical to a State or region; (D) address freight needs to facilitate a regionally or nationally significant economic development issue; (E) are multimodal, multi-jurisdictional, or corridor-based and address freight needs; (F) relieve freight or non-freight access, congestion, or safety issues; or (G) address first and last mile connectors. (e) Grants (1) In general If during a fiscal year a State meets the eligibility criteria specified in paragraph (2) or (3) the Secretary shall allocate to the State in such fiscal year a grant under such paragraph. The determination of whether a State meets such eligibility criteria shall be made by the Secretary. (2) Tier i incentive grant (A) Allocations of funding Subject to paragraph (4), if a State meets the eligibility criteria specified in subparagraph (B) during a fiscal year, the Secretary shall allocate to the State in such fiscal year 40 percent of the amount of the funds available to be allocated to the State in such fiscal year. (B) Eligibility criteria The Secretary may allocate funding to a State under this paragraph in a fiscal year if the State— (i) has an established freight advisory committee in accordance with section 5403 of this title; (ii) has an approved freight plan in accordance with section 5404 of this title; (iii) has conducted a statewide analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs; (iv) demonstrates use of the statewide analysis of freight needs in prioritizing projects in the freight plan required by section 5404 of this title; and (v) demonstrates that it will use the funding that it is allocated under this paragraph for the highest priority projects that are identified in the freight plan required by section 5404 of this title and are ready to be advanced. (3) Tier ii incentive grant (A) Allocations of funding Subject to paragraph (4), if a State meets the eligibility criteria specified in subparagraph (B) during a fiscal year, the Secretary shall allocate to the State in such fiscal year 60 percent of the amount of the funds available to be allocated to the State in such fiscal year. (B) Eligibility criteria The Secretary may allocate funding to a State under this paragraph in a fiscal year if the State— (i) has met the eligibility criteria specified in paragraph (2)(B); (ii) has conducted, in cooperation with at least one other State, a multistate analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs along a multistate freight corridor; (iii) has developed, in cooperation with at least one other State or relevant entities in Canada or Mexico, a regional freight investment plan that focuses on the end-to-end investment needs of critical multistate freight corridors based on the multistate analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs; and (iv) demonstrates that it will use the funding that it is allocated under this paragraph for the highest priority projects identified in the regional freight plan. (4) Tier i and ii analyses and plans (A) Approval A State shall demonstrate that it developed the analyses and plans required under paragraphs (2) and (3) with the approval of a State Freight Advisory Committee. (B) Certification The determination of whether the analyses and plans required to qualify under paragraphs (2) and (3) satisfy the requirements of the paragraphs shall be at the discretion of the Secretary. (C) Forecast period All analyses and plans required under paragraph (3) shall address a 10-year and 20-year forecast period. (D) Updates In order to obligate funding under paragraphs (2) and (3), a State shall update all analyses and plans required under such paragraph at least every 5 years. (f) Transfer authority (1) Administration of projects For the purpose of administering a grant under this subsection, funds authorized for this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project. (2) Transfer to other programs Funds authorized for this section may not be transferred to any other program under titles 23 or 49, United States Code. (g) Federal share The Federal share for projects funded under this section shall not exceed 80 percent. Funds authorized for this section may not be applied towards the non-Federal share of costs under another Federal program. (h) Treatment for obligation limitation distribution For purposes of distributing obligation limitation in any fiscal year, the Secretary shall provide funds made available for this section with obligation limitation as follows: (1) The Secretary shall provide funds authorized for that fiscal year with obligation limitation under section 2002(c)(4) of the GROW AMERICA Act or the equivalent provision of the relevant appropriations act for a fiscal year, as appropriate. (2) The Secretary shall provide funds carried over from prior fiscal years with obligation limitation under section 2002(c)(2) of such Act or the equivalent provision of the relevant appropriations act for a fiscal year, as appropriate. . (2) Funding (A) Authorization There is authorized to be appropriated from the highway account of the transportation trust fund to carry out section 5401 of title 49, United States Code— (i) $500,000,000 for fiscal year 2015; (ii) $1,000,000,000 for fiscal year 2016; (iii) $1,500,000,000 for fiscal year 2017; and (iv) $2,000,000,000 for fiscal year 2018. (B) Availability and administration The funds authorized by subparagraph (A) shall be— (i) available for obligation on October 1 of the fiscal year for which they are authorized; (ii) available for obligation until expended; and (iii) administered as if such funds were apportioned under chapter 1 of title 23, United States Code. (C) Transfer to national freight infrastructure program Notwithstanding section 5401(f)(2) of title 49, United States Code, as soon as practicable after October 1, 2016, and each fiscal year thereafter, the Secretary shall transfer to the National Freight Infrastructure program under section 5402 of such title— (i) of the funds authorized under subparagraph (A) to carry out section 5401 of such title, any funds that— (I) were available to be allocated to a State for the prior fiscal year under subsection (c) of such section; but (II) the Secretary did not allocate to that State for that prior fiscal year due to that State not meeting the eligibility criteria specified under subsection (e)(2) or (e)(3) of such section; and (ii) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under clause (i). (b) National freight infrastructure program (1) Establishment Chapter 54 of such title is amended by adding at the end the following: 5402. National freight infrastructure program (a) General The Secretary shall establish and implement a National Freight Infrastructure Program under this section. (b) Goals The goals of the program shall be to— (1) reduce the cost of freight transportation; (2) improve the safety of freight transportation; (3) relieve bottlenecks in the freight transportation system; (4) improve the state of good repair of the freight transportation system; and (5) reduce the adverse environmental and community impacts of freight transportation. (c) Definitions In this section the following definitions apply: (1) Eligible Applicant (A) In general The term eligible applicant means— (i) a State (as defined in section 101(a)(25) of title 23); (ii) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands; (iii) a local government; (iv) a metropolitan planning organization; (v) a public transportation authority (including a port authority); (vi) a tribal government; or (vii) a group of entities described in clauses (i) through (vi). (B) Groups of entities A group described in clause (vii) of subparagraph (A) shall submit an application through a lead applicant that qualifies under one of the clauses (i) through (vi) of that subparagraph. Public-private partnerships are eligible provided the lead applicant qualifies under one of the clauses (i) through (vi) of subparagraph (A). (2) Eligible project (A) In general The term eligible project means a capital investment for a transportation infrastructure facility, or for an operational improvement or equipment for such a facility— (i) that is for a facility significantly used for the movement of freight, and that is— (I) a road, rail, air, water, or pipeline facility; (II) an intermodal facility such as a seaport or port on the inland waterway system, an airport, or a highway/rail intermodal facility; or (III) a facility related to an international border crossing; (ii) that the Secretary has determined will help to achieve the goals set out in subsection (b); (iii) for which funding committed by State and local governments and other public and private partners, along with the Federal funding requested, will be sufficient to complete the capital investment; and (iv) that upon completion will have independent utility. (B) Plans and analyses The term eligible project includes the development of plans and analysis required by this chapter. (d) Applications An eligible applicant seeking to receive a grant under this section for an eligible project shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish. (e) Selection of projects The Secretary shall select projects for funding based on the criteria specified in subsection (f). (f) Criteria for selection The Secretary shall select eligible projects for funding based on the following criteria: (1) The extent to which the project is likely to advance the goals set forth in subsection (b). (2) The likely benefits of the project relative to its costs. (3) The extent to which the project demonstrates the use of innovative technology, strategies, and practices. (4) The likely effect of the project on increasing U.S. exports. (5) The consistency of the project with the National Freight Strategic Plan under section 5405 of this title. (6) Inclusion of the project in the State freight plan required under section 5404 of this title. (7) The extent to which the project leverages Federal funds by matching State, local, tribal, or private funds to the Federal funding requested under this section. (8) The extent to which funds for the project are not available from other sources. (g) Retrospective analysis (1) Analysis A grant agreement made under this section between the Government and a grantee shall specify that the grantee will collect data and report to the Secretary, at times that the Secretary shall specify, on— (A) the actual cost of constructing the project; (B) the time required to complete the project and put it into service; (C) the level of usage of the facility built or improved by the project; (D) the benefits of the project, measured in a way that is consistent with the benefits that were estimated in the application for funding that was submitted to the Secretary; and (E) any costs resulting from the project in addition to the costs of constructing the project. (h) Terms and conditions The Secretary shall determine such other terms and conditions, other than those listed in this section, as are necessary and appropriate to implement this section. (i) Administrative and oversight costs (1) In general The Secretary may retain up to one-half of 1 percent of the amounts authorized for each fiscal year under this section for— (A) administration of the National Freight Infrastructure Program under this section; and (B) oversight of projects funded under this section. (2) Transfer of funds The Secretary may transfer portions of the funds retained under this subsection to the Administrators of the Federal Highway Administration, the Federal Railroad Administration, the Federal Aviation Administration, and the Federal Maritime Administration to carry out the administration and oversight of grants made under this section. (j) Federal share The Federal share for projects funded under this section shall not exceed 80 percent. (k) Administration of projects For the purpose of administering a grant under this section, funds authorized for this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project. . (2) Funding (A) In general There is authorized to be appropriated from the highway account of the transportation trust fund to carry out this section— (i) $500,000,000 for fiscal year 2015; (ii) $1,000,000,000 for fiscal year 2016; (iii) $1,500,000,000 for fiscal year 2017; and (iv) $2,000,000,000 for fiscal year 2018. (B) Administration of funds The funds authorized by subparagraph (A) shall be— (i) available for obligation on October 1 of the fiscal year for which they are authorized; and (ii) available for obligation until expended. (c) State freight advisory committee Chapter 54 of such title is amended by adding at the end the following: 5403. State freight advisory committees (a) In general (1) Freight advisory committee Each State that receives a grant under this chapter shall establish and maintain a freight advisory committee consistent with criteria established by the Secretary and consisting of a representative cross-section of public and private sector freight stakeholders, including— (A) all modes of freight transportation active in the State, including airports, highways, ports, and rail; (B) shippers; (C) carriers; (D) freight-related associations: (E) the freight industry workforce; (F) the transportation department of the State; (G) metropolitan planning organizations; and (H) local governments. (2) Qualifications Individuals selected under paragraph (1) must be widely recognized to have qualifications sufficient to represent the interests of their specific stakeholder group, including— (A) general business and financial experience; (B) experience or qualifications in the areas freight transportation and logistics; (C) experience in transportation planning; (D) representing employees of the freight industry; or (E) representing State or local governments, or metropolitan planning organizations. (b) Role of committee The freight advisory committee shall— (1) advise the State on freight-related priorities, issues, projects, and funding needs; (2) serve as a forum for discussion for State transportation decisions affecting freight mobility; (3) communicate and coordinate regional priorities with other organizations; (4) promote the sharing of information between the private and public sectors on freight issues; (5) participate in the development of the State freight plan, including advising on the development of the freight investment plan; and (6) approve the State freight plan under section 5404 of this title, including the freight investment plan required thereunder. . (d) State freight plan Chapter 54 of such title is amended by adding at the end the following: 5404. State freight plan (a) In general Each State that receives a grant under this chapter shall develop a freight plan that provides a multimodal, comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight. The freight plan shall include a strategic, long-term component and a tactical, short-term component. (b) Plan contents The freight plan shall consider all modes of freight transportation in the State and include, at a minimum— (1) an identification of significant freight system trends, needs, and issues with respect to a State; (2) a description of the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State; (3) a description of how the plan will improve the ability of the State to meet the national freight goals established under section 5405 of this title; (4) evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement; (5) in the case of routes on which travel of heavy vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of the roadways, a description of improvements that may be required to reduce or impede the deterioration; (6) an inventory of facilities with freight mobility issues, such as truck bottlenecks, within the State, and a description of the strategies the State is employing to address those freight mobility issues; and (7) a freight investment plan that includes a list of projects in order of priority and describes how multimodal freight investment funds under section 5401 of this title would be invested and matched. (c) Relationship to long-Range plan (1) Incorporation The freight plan may be developed separate from or incorporated into the statewide strategic long-range transportation plan required by section 135(f) of title 23, United States Code. (2) Requirement of anticipated full funding The priority freight investment plan component of the freight plan shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan. (d) Certification The Secretary shall approve State freight plans if they address the requirements of this section and are consistent with the National Freight Strategic Plan. (e) Forecast period The freight plan shall address a 10-year forecast period. (f) Updates A State shall update the freight plan at least every 5 years. The State may update the freight investment plan on a more frequent basis. . (e) National freight policy, network, plan, and data Chapter 54 of such title is amended by adding at the end the following: 5405. National freight policy, network, plan, and data (a) National freight policy It is the policy of the United States to improve the condition and performance of the national freight system to ensure that the national freight system provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b). (b) Goals The goals of the national freight policy are— (1) to increase the productivity and efficiency of the national freight system so as to enhance the economic competitiveness of the United States; (2) to improve the safety, security, and resilience of freight transportation; and (3) to improve quality of life by reducing, eliminating or reversing adverse environmental and community impacts of freight projects and goods movement in the United States. (c) Strategy The strategies that the United States shall use to achieve the goals set forth in subsection (b) shall include— (1) support for or investment in infrastructure, equipment and operational improvements; (2) appropriate safety, environmental, energy, and other transportation policies; (3) advanced technology and innovation; (4) enhancement of competition and accountability in the transportation industries; and (5) use of performance management. (d) National freight system defined In this section, the term national freight system means the publicly and privately-owned transportation facilities that are used in transporting freight within the United States, including roads, railroads, ports, waterways, locks and dams, airports, airways, pipelines, warehouses, distribution centers, and intermodal facilities. (e) Multimodal national freight network (1) Establishment The Secretary shall establish a multimodal national freight network in accordance with this section to inform public and private planning, to prioritize for Federal investment, to aid the public and private sector in strategically directing resources, and to support Federal decisionmaking to achieve the national freight policy goals set forth in subsection (b). (2) Network components The national freight network shall consist of such connectors, corridors and facilities in all freight transportation modes as most critical to the current and future movement of freight within the national freight system; (3) Initial designation of the national freight network (A) Designation The Secretary shall designate a national freight network— (i) using measurable data to assess the significance of goods movement, including consideration of points of origin, destination, and linking components of the United States global and domestic supply chains; (ii) fostering network connectivity; and (iii) reflecting input collected from stakeholders through a public process, including input from metropolitan planning organizations and States, to identify critical freight facilities that are vital links in national or regionally significant goods movement and supply chains. (B) Factors for designation In designating the national freight network, the Secretary may consider— (i) volume, tonnage, and value of freight; (ii) origins and destinations of freight movement in, to, and from the United States; (iii) land and maritime ports of entry; (iv) population centers; (v) economic factors or other inputs determined to be relevant by the Secretary; (vi) bottlenecks and other impediments contributing to significant measurable congestion and delay in freight movement; (vii) facilities of future freight importance based on input from stakeholders and analysis of projections for future growth and changes to the freight system; and (viii) elements of the freight system identified and documented by a metropolitan planning organization and State using national or local data as having critical freight importance to the region. (4) Redesignation of the national freight network Effective beginning 5 years after the designation of the national freight network and every 5 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the national freight network. (f) National freight strategic plan (1) Establishment of plan Not later than October 1, 2015, the Secretary shall, in consultation with the Secretary of Homeland Security, the Secretary of Commerce, the Assistant Secretary of the Army for Civil Works, State departments of transportation, and other appropriate public and private transportation stakeholders, develop, maintain, and post on the Department of Transportation public website a national freight strategic plan that shall include— (A) an assessment of the condition and performance of the national freight system; (B) an identification of bottlenecks on the national freight system that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include— (i) information from the Freight Analysis Framework of the Federal Highway Administration; and (ii) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented; (C) forecasts of freight volumes for 10-year and 20-year periods beginning in the year during which the plan is issued; (D) an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes, the identification of which shall be revised, as appropriate, in subsequent plans; (E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance (including opportunities for overcoming the barriers); (F) an identification of routes providing access to energy exploration, development, installation, or production areas; (G) best practices for improving the performance of the national freight system; (H) best practices for addressing the impacts of freight movement on communities; (I) a process for addressing multistate projects and encouraging jurisdictions to collaborate; and (J) strategies to improve freight connectivity between modes of transportation. (2) Updates to national freight strategic plan Not later than 5 years after the date of completion of the first national freight strategic plan under paragraph (1), and every 5 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national freight strategic plan. (g) Freight transportation conditions and performance reports Not later than October 1, 2014, and biennially thereafter, the Secretary shall prepare a report that contains a description of the conditions and performance of the national freight system in the United States. (h) Transportation investment data and planning tools (1) In general The Secretary shall develop new tools and improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including— (A) methodologies for systematic analysis of benefits and costs; (B) freight forecasting models; (C) tools for ensuring that the evaluation of freight-related and other transportation projects can consider safety, economic competitiveness, environmental sustainability, and system condition in the project selection process; and (D) other elements to assist in effective transportation planning. (2) Freight data In support of these tools, and to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions, the Secretary shall— (A) direct the collection of appropriate transportation-related data, including data to measure the condition and performance of the national freight system; and (B) consider any improvements to existing freight data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand. (3) Consultation The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data identified pursuant to this subsection. (4) Multimodal freight measure The Secretary shall evaluate the analyses and plans required under section 5401(e) (2) and (3) of this title and consider development of a national performance measure to assess the efficiency of the multimodal freight network in accordance with the National Freight Strategic Plan. . (f) Conforming amendments (1) Table of chapters The table of chapters for such title is amended by inserting after the item related to chapter 53 the following: 54. Freight 5401. . (2) Repeals (A) Map–21 Sections 1116, 1117, and 1118 of MAP–21 ( Public Law 112–141 ) are repealed. (B) Title 23 Section 167 of title 23, United States Code, is repealed. (3) Cross-reference Section 505(a)(3) of title 23, United States Code, is amended by striking 149, and 167 and inserting and 149, and section 5405 of title 49 . 1102. Redesignation of the national network (a) Operation of commercial vehicles on the national highway system and the national freight network (1) Section 31111 amendment Section 31111 of title 49, United States Code, is amended— (A) in subsection (b)(1)(A) by striking the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under subsection (e) of this section and inserting the National Highway System and the National Freight Network (except a segment exempted under subsection (e) of this section) ; (B) in subsection (c) by striking the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (f) of this section) and those classes of qualifying Federal-aid Primary System highways designated by the Secretary of Transportation under subsection (e) of this section and inserting the National Highway System and the National Freight Network (except a segment exempted under subsection (e) of this section) ; (C) by striking subsection (e); (D) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and (E) in subsection (e), as redesignated— (i) in paragraph (1) by striking the Dwight D. Eisenhower System of Interstate and Defense Highways and inserting the National Highway System or the National Freight Network ; (ii) in paragraph (2) by striking the Dwight D. Eisenhower System of Interstate and Defense Highways and inserting the National Highway System or the National Freight Network ; and (iii) in paragraph (4)(A) by striking the Dwight D. Eisenhower System of Interstate and Defense Highways and inserting the National Highway System or the National Freight Network . (2) Section 31112 amendment Section 31112 of title 49, United States Code, is amended in subsection (b) by striking by the Secretary of Transportation under section 31111(e) of this title and inserting in part 658 of title 23, Code of Federal Regulations . (3) Section 31113 amendment Section 31113 of title 49, United States Code, is amended— (A) by amending subsection (a) to read as follows: (a) General limitations Except as provided in subsection (e) of this section, a State (except Hawaii) may not prescribe or enforce a regulation of commerce that imposes a vehicle width limitation of more or less than 102 inches on a commercial motor vehicle operating on the National Highway System or the National Freight Network. ; (B) in subsection (d) by striking the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted under subsection (e) of this section) or other qualifying Federal-aid highway designated by the Secretary and inserting the National Highway System or National Freight Network ; and (C) in subsection (e)— (i) in paragraph (1) by striking the Dwight D. Eisenhower System of Interstate and Defense Highways and inserting the National Highway System or National Freight Network ; (ii) in paragraph (2) by striking the Dwight D. Eisenhower System of Interstate and Defense Highways and inserting the National Highway System or National Freight Network ; and (iii) in paragraph (4)(A) by striking the Dwight D. Eisenhower System of Interstate and Defense Highways and inserting the National Highway System or National Freight Network (4) Section 31114 amendment Section 31114 of title 49, United States Code, is amended— (A) in the section heading by striking Interstate System and inserting National Highway System and National Freight Network ; and (B) by amending subsection (a)(1) to read as follows: (1) the National Highway System or the National Freight Network; and . (b) Delayed Applicability The Secretary shall not enforce the amendments made by this section until 3 years after the effective date of this Act. C Planning 1201. Transportation system resilience assessment (a) Section 134 amendment Section 134 of title 23, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), (8), (10), and (11), respectively; (B) by inserting before paragraph (4), as redesignated, the following: (1) Adaptation The term adaptation means adjustment in natural or human systems in anticipation of or response to a changing environment in a way that effectively uses beneficial opportunities or moderates negative effects of extreme weather events or climate change. (2) Climate change The term climate change means any significant change in the measures of climate lasting for an extended period of time. This may include major changes in temperature, precipitation, or wind patterns, among others, that occur over several decades or longer. (3) Critical highway and transit assets The term critical highway and transit assets means transportation facilities considered critical to support population centers, freight movement and economic activity, or evacuation, recovery or national security functions. ; and (C) by inserting before paragraph (10), as redesignated, the following: (9) Resilience The term resilience means the ability to anticipate, prepare for, and adapt to changing conditions and to withstand, respond to, and recover rapidly from disruptions, including extreme weather events and climate change. ; and (2) in subsection (i)(2)— (A) by redesignating subparagraphs (E), (F), (G), and (H), as subparagraphs (F), (G), (H), and (I), respectively; and (B) by inserting before subparagraph (F), as redesignated, the following: (E) Adaptation and resilience (i) In general In order to protect the integrity and enhance the resilience of the transportation system and to ensure the efficient use of Federal resources, the long-range transportation plan shall include— (I) an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects; and (II) an explanation of potential strategies for the adaptation of those critical assets. (ii) Consultation and coordination The analysis shall be developed in consultation with Federal, State, local and Tribal agencies, as appropriate. The analysis and strategies shall take into consideration the risk management analysis in the State’s asset management plan, developed pursuant to section 119 of this title, and the State’s evaluation of reasonable alternatives to roads, highways, and bridges that repeatedly require repair and reconstruction activities due to emergency events, carried out in accordance with section 1315(b) of Public Law 112–141 (126 Stat. 549). . (b) Section 135 amendment Section 135(f) of title 23, United States Code, is amended by adding at the end the following: (10) Adaptation and resilience (A) In general To protect the integrity and enhance the resilience of the transportation system and to ensure the efficient use of Federal resources, the long-range transportation plan shall include— (i) an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects; and (ii) an explanation of potential strategies for the adaptation of those critical assets. (B) Consultation and coordination The analysis shall be developed in consultation with Federal, State, local and Tribal agencies, as appropriate. The analysis and strategies shall take into consideration the risk management analysis in the State’s asset management plan, developed pursuant to section 119 of this title, and the State’s evaluation of reasonable alternatives to roads, highways, and bridges that repeatedly require repair and reconstruction activities due to emergency events, carried out in accordance with section 1315(b) of Public Law 112–141 (126 Stat. 549). . (c) Section 5303 amendment Section 5303 of title 49, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), (8), (10), and (11), respectively; (B) by inserting before paragraph (4), as redesignated, the following: (1) Adaptation The term adaption means an adjustment in natural or human systems in anticipation of or response to a changing environment in a way that effectively uses beneficial opportunities or moderates negative effects of extreme weather events or climate change. (2) Climate change The term climate change means any significant change in the measures of climate lasting for an extended period of time. This may include major changes in temperature, precipitation, or wind patterns, among others, that occur over several decades or longer. (3) Critical highway and transit assets The term critical highway and transit assets means transportation facilities considered critical to support population centers, freight movement and economic activity, or evacuation, recovery or national security functions. ; and (C) by inserting before paragraph (10), as redesignated, the following: (9) Resilience The term resilience means the ability to anticipate, prepare for, and adapt to changing conditions and to withstand, respond to, and recover rapidly from disruptions, including extreme weather events and climate change. ; and (2) in subsection (i)(2)— (A) by redesignating subparagraphs (E), (F), (G), and (H), as subparagraphs (F), (G), (H), and (I), respectively; and (B) by inserting before subparagraph (F), as redesignated, the following: (E) Adaptation and resilience (i) In general To protect the integrity and enhance the resilience of the transportation system and to ensure the efficient use of Federal resources, the long-range transportation plan shall include— (I) an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects; and (II) an explanation of potential strategies for the adaptation of those critical assets. (ii) Consultation and coordination The analysis shall be developed in consultation with Federal, State, local and Tribal agencies, as appropriate. The analysis and strategies shall take into consideration the risk management analysis in the State’s asset management plan, developed pursuant to section 119 of this title, and the State’s evaluation of reasonable alternatives to roads, highways, and bridges that repeatedly require repair and reconstruction activities due to emergency events, carried out in accordance with section 1315(b) of Public Law 112–141 (126 Stat. 549). . (d) Section 5304 amendment Section 5304(f) of title 49, United States Code, is amended by adding at the end the following: (10) Adaptation and resilience (A) In general To protect the integrity and enhance the resilience of the transportation system and ensure the efficient use of Federal resources, the long-range transportation plan shall include— (i) an analysis of potential vulnerabilities and risks of critical highway and transit assets to the impacts of current and future extreme weather and climate change effects; and (ii) an explanation of potential strategies for the adaptation of those critical assets. (B) Consultation and coordination The analysis shall be developed in consultation with Federal, State, local and Tribal agencies, as appropriate. The analysis and strategies shall take into consideration the risk management analysis in the State’s asset management plan, developed pursuant to section 119 of this title, and the State’s evaluation of reasonable alternatives to roads, highways, and bridges that repeatedly require repair and reconstruction activities due to emergency events, carried out in accordance with section 1315(b) of Public Law 112–141 (126 Stat. 549). . 1202. Consolidated and high performing metropolitan planning organizations (a) Consolidation of metropolitan planning organizations (1) Section 134 amendment Section 134(d)(6) of title 23, United States Code, is amended to read as follows: (6) Consolidation of metropolitan planning organizations within urbanized areas (A) Limitation on new metropolitan planning organization designations A metropolitan planning organization shall not be newly-designated— (i) within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area; or (ii) outside of a metropolitan statistical area. (B) Multiple existing metropolitan planning organizations If multiple existing metropolitan planning organizations are designated within a metropolitan statistical area— (i) the metropolitan planning organizations may— (I) retain their designation as distinct metropolitan planning organizations; or (II) be consolidated by agreement between the metropolitan planning organizations; (ii) the Governor (or Governors) and the existing metropolitan planning organizations shall— (I) revisit a determination to remain unconsolidated every 10 years, beginning two years after the next decennial census; and (II) provide justification to the Secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area; and (iii) where multiple metropolitan planning organizations exist within a single metropolitan statistical area, they shall cooperate with one another to— (I) develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans; and (II) establish a single set of performance targets that address the performance measures described in section 150(c) for use in developing individual performance targets in accordance with section 134(h)(2). . (2) Section 5303 amendment Section 5303(d)(6) of title 49, United States Code, is amended to read as follows: (6) Consolidation of metropolitan planning organizations within urbanized areas (A) Limitation on new metropolitan planning organization designations A metropolitan planning organization shall not be newly-designated— (i) within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area; or (ii) outside of a metropolitan statistical area. (B) Multiple existing metropolitan planning organizations If multiple existing metropolitan planning organizations are designated within a metropolitan statistical area— (i) the metropolitan planning organizations may— (I) retain their designation as distinct metropolitan planning organizations; or (II) be consolidated by agreement between the metropolitan planning organizations; (ii) the Governor (or Governors) and the existing metropolitan planning organizations shall— (I) revisit a determination to remain unconsolidated every 10 years, beginning two years after the next decennial census; and (II) provide justification to the Secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area; and (iii) where multiple metropolitan planning organizations exist within a single metropolitan statistical area, they shall cooperate with one another to— (I) develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans; and (II) establish a single set of performance targets that address the performance measures described in section 150(c) of title 23, United States Code, for use in developing individual performance targets in accordance with subsection (h)(2) and sections 5326(c) and 5329(d) of this title. . (3) Definitions (A) Highway definition Section 134(b) of title 23, United States Code, as amended by section 1201(a) of this Act, is further amended by— (i) redesignating paragraphs (3) through (11) as paragraphs (4) through (12); and (ii) inserting after paragraph (2) the following— (3) Consolidated metropolitan planning organization The term consolidated metropolitan planning organization means a sole metropolitan planning organization that serves a metropolitan statistical area. . (B) Transit definition Section 5303(b) of title 49, United States Code, as amended by section 1201(c) of this Act is further amended by— (i) redesignating paragraphs (3) through (11) as paragraphs (4) through (12); and (ii) inserting after paragraph (2) the following— (3) Consolidated metropolitan planning organization The term consolidated metropolitan planning organization means a sole metropolitan planning organization that serves a metropolitan statistical area. . (b) Designation of high performing metropolitan planning organizations (1) Section 134 amendment Section 134 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following: (r) High performing metropolitan planning organizations (1) In general A metropolitan planning organization that represents an urbanized area with a population of over 200,000 individuals may request a high performing metropolitan planning organization designation from the Secretary. (2) Criteria In making a high performing metropolitan planning organization designation, the Secretary shall consider— (A) the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking; (B) the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section 150 of this title and sections 5303(h)(2), 5326(c) and 5329(d) of title 49 into its planning process; (C) whether the metropolitan planning organization is a consolidated metropolitan planning organization; (D) if the metropolitan planning organization is not a consolidated metropolitan planning organization, the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area; (E) the technical capacity of the metropolitan planning organization; and (F) other criteria established by the Secretary in guidance. (3) Review A designation under paragraph (1) shall stay in effect for 10 years from the date of designation. . (2) Section 5303 amendment Section 5303 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: (r) High performing metropolitan planning organizations (1) In general A metropolitan planning organization that represents an urbanized area with a population of over 200,000 individuals may request a high performing metropolitan planning organization designation from the Secretary. (2) Criteria In making a high performing metropolitan planning organization designation, the Secretary shall consider— (A) the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking; (B) the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section 150 of title 23, United States Code, subsection (h)(2), and sections 5326(c) and 5329(d) of this title into its planning process; (C) whether the metropolitan planning organization is a consolidated metropolitan organization; (D) if the metropolitan planning organization is not a consolidated metropolitan planning organization, the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area; (E) the technical capacity of the metropolitan planning organization; and (F) other criteria established by the Secretary in guidance. (3) Review A designation under paragraph (1) shall stay in effect for 10 years from the date of designation. . (c) Surface transportation incentive funds Section 133(d)(1) of title 23, United States Code is amended to read as follows: (1) Calculation The funds apportioned to a State under section 104(b)(2) shall be obligated as follows: (A) Suballocated funds 50 percent of the funds for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State— (i) in urbanized areas of the State with an urbanized area population over 200,000; (ii) in urban areas of the State with a population of 5,000 to 200,000; and (iii) in areas of the State with a population of fewer than 5,000. (B) Statewide funds 25 percent of the funds for a fiscal year may be obligated in any area of the State. (C) High performing metropolitan planning organizations (i) In general 25 percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph (A)(i) that are served by high performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) of title 49, United States Code). Any funds remaining under this clause shall be obligated in any area of the State under subparagraph (B). (ii) Amount The amount to be obligated under clause (i) in an urbanized area served by a high performing metropolitan planning organization shall equal 50 percent of the amount to be obligated in that urbanized area under paragraph (4) and is in addition to the amount under such paragraph. . (d) Transportation alternatives incentive funds Section 213(c)(1) of such title is amended to read as follows: (1) Calculation The funds reserved to a State shall be obligated as follows: (A) Suballocated funds 50 percent of the funds for a fiscal year shall be obligated under this section to any eligible entity in proportion to its relative share of the population of the State— (i) in urbanized areas of the State with an urbanized area population over 200,000; (ii) in urban areas of the State with a population of 5,000 to 200,000; and (iii) in areas of the State with a population of fewer than 5,000. (B) Statewide funds 25 percent of the funds for a fiscal year may be obligated in any area of the State. (C) High performing metropolitan planning organizations (i) In general 25 percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph (A)(i) that are served by high performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) of title 49, United States Code). Any funds remaining under this clause shall be obligated in any area of the State under subparagraph (B). (ii) Amount The amount to be obligated under clause (i) in an urbanized area served by a high performing metropolitan planning organization shall equal 50 percent of the amount to obligated in that urbanized area under paragraph (3) and is in addition to the amount under such paragraph. . (e) Obligation authority Section 133(f) of such title is amended— (1) in paragraph (1), by— (A) striking A State and inserting Except as provided in paragraph (2), a State ; and (B) striking fiscal years 2011 through 2014 and inserting fiscal years 2015 through 2018 ; (2) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: (2) High performing metropolitan planning organizations (A) In general A State that is required to obligate in an urbanized area under subsections (d)(1)(A)(i) and (d)(1)(C)(i) shall make available to such urbanized area on an annual basis an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying— (i) the amount of funds that the State is required to obligate in the area under such subsections; and (ii) the ratio specified in paragraph (1)(B). (B) Availability The obligation authority that a State makes available to an urbanized area under subparagraph (A) shall remain available for a period of four fiscal years. ; and (3) in paragraph (3), as redesignated, by striking paragraph (1) and inserting paragraphs (1) and (2) . (f) Distribution of metropolitan planning funds Section 104(d)(2)(A) of such title is amended— (1) in clause (i), by striking ; and and inserting ; ; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: (ii) prioritizes the needs of high performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) of title 49, United States Code); and . (g) Technical correction Subsection 133(h)(1) of such title is amended by striking for each of fiscal years 2013 through 2014 and inserting each fiscal year . 1203. Participation of public port authorities (a) Section 134 amendment Section 134(i)(6)(A) of title 23, United States Code, is amended by inserting public ports, before freight shippers . (b) Section 135 amendment Section 135(g)(3) of title 23, United States Code, is amended by inserting public ports, before freight shippers . (c) Section 5303 amendment Section 5303(i)(6)(A) of title 49, United States Code, is amended by inserting public ports, before freight shippers . (d) Section 5304 amendment Section 5304(g)(3) of title 49, United States Code, is amended by inserting public ports, before freight shippers . 1204. Strengthening the statewide and nonmetropolitan planning process (a) Section 135 amendment Section 135 of title 23, United States Code, is amended— (1) in subsection (f)(5) by striking may and inserting shall ; (2) in subsection (f)(7)— (A) by striking should and inserting shall ; and (B) by striking the final ; and inserting . ; (3) in subsection (g)(5)(F)(i) by striking may and inserting shall ; and (4) by striking subsection (g)(8) and inserting the following: (8) Certification process (A) In general At least once every 4 years the Secretary shall certify that each State has met the requirements of— (i) this section; and (ii) other Federal laws, regulations, and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes. (B) Failure to meet certification If a State does not meet such certification, the Secretary may withhold up to 20 percent of the funds attributable to such State for projects funded under this title and chapter 53 of title 49. (C) Restoration of funds The withheld funds shall be restored to the State at such time as the State process is certified by the Secretary. (D) Public involvement In making the certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the State under review. . (b) Section 5304 amendment Section 5304 of title 49, United States Code, is amended— (1) in subsection (f)(5) by striking may and inserting shall ; (2) in subsection (f)(7) by striking should and inserting shall ; (3) in subsection (g)(5)(F)(i) by striking may and inserting shall ; and (4) by striking subsection (g)(8) and inserting the following: (8) Certification process (A) In general At least once every 4 years the Secretary shall certify that each State has met the requirements of— (i) this section; and (ii) other Federal laws, regulations, and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes. (B) Failure to meet certification If a State does not meet such certification, the Secretary may withhold up to 20 percent of the funds attributable to such State for projects funded under this title and chapter 53 of title 49. (C) Restoration of funds The withheld funds shall be restored to the State at such time as the State process is certified by the Secretary. (D) Public involvement In making the certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the State under review. . 1205. Removal of the congestion management process (a) Section 134 amendment Section 134 of title 23, United States Code, is amended— (1) by striking subsection (k)(3) and redesignating subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4), respectively; and (2) by striking subsection (n) and redesignating subsections (o) through (q) as subsections (n) through (p), respectively. (b) Section 135 amendment Section 135 of title 23, United States Code, is amended by striking subsection (j) and redesignating subsections (k) through (m) as subsections (j) through (l), respectively. (c) Section 5303 amendment Section 5303 of title 49, United States Code, is amended— (1) by striking subsection (k)(3) and redesignating subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4), respectively; and (2) by striking subsection (n) and redesignating subsections (o) through (q) as subsections (n) through (p), respectively. (d) Section 5304 amendment Section 5304 of title 49, United States Code, is amended by striking subsection (i) and redesignating subsections (j) through (l) as subsections (i) through (k), respectively. 1206. Public involvement in plan development (a) Section 134 amendment Section 134(i) of title 23, United States Code, is amended— (1) in paragraph (4), by inserting after subparagraph (C) the following: (D) Public involvement Metropolitan planning organizations shall offer interested parties, such as those described in paragraph (6), a reasonable opportunity to participate in the development and consideration of scenarios. ; and (2) in paragraph (6), by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan . (b) Section 135 amendment Section 135(f)(3)(A)(ii) of title 23, United States Code, is amended by striking comment on the transportation plan ; and inserting provide input during the development of the transportation plan . (c) Section 5303 amendment Section 5303(i) of title 49, United States Code, is amended— (1) in paragraph (4), by inserting after subparagraph (C) the following: (D) Public involvement Metropolitan planning organizations shall offer interested parties, such as those described in paragraph (6), a reasonable opportunity to participate in the development and consideration of scenarios. ; and (2) in paragraph (6), by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan . (d) Section 5304 amendment Section 5304(f)(3)(A)(ii) of title 49, United States Code, is amended by striking comment on the proposed plan ; and inserting provide input during the development of the transportation plan . 1207. Connection to opportunities national goal and potential performance measure (a) Transportation connections to opportunities Section 150(b) of title 23, United States Code, is amended— (1) in paragraph (2), by striking highway infrastructure asset system and inserting infrastructure asset system under title 23 ; and (2) by adding at the end the following: (8) Multimodal connectivity To achieve an interconnected transportation system which connects people to jobs, schools, and other essential services through a multimodal network. . (b) Establishment of performance measures Section 150(c) of title 23, United States Code, is amended— (1) in paragraph (1), by inserting as listed in paragraphs (3), (4), (5) and (6) before the period at the end; and (2) by adding the following at the end: (7) Multimodal freight The Secretary may, in accordance with the National Freight Strategic Plan, establish Performance Measures to assess the efficiency of the multimodal freight network. (8) Transportation connectivity The Secretary may, in accordance with the framework established in section 134 of this title (Measuring Transportation Connections to Opportunity), establish a Performance Measure to be used by MPOs to assess the degree to which the transportation system provides multimodal connections to economic opportunities, particularly for disadvantaged populations. . 1208. Workforce development Section 140(b) of title 23, United States Code, is amended to read as follows: (b) Workforce training and development (1) In general The Secretary, in cooperation with the Secretary of Labor and any other department or agency of the Government, State agency, authority, association, institution, Indian tribal government, corporation (profit or nonprofit), or any other organization or person, is authorized to develop, conduct, and administer surface transportation and technology training, including skill improvement programs, and to develop and fund summer transportation institutes. (2) State dot responsibilities A State department of transportation participating in the program shall— (A) develop a workforce plan that identifies immediate and anticipated workforce gaps and underrepresentation of women and minorities, and a detailed plan to fill gaps and address such underrepresentation; (B) establish a workforce development compact with the State workforce investment board and appropriate agencies to provide a coordinated approach to workforce training, job placement, and identification of training and skill development program needs, which shall be coordinated to the extent practical with an institution or agency, such as a State workforce investment board under 29 U.S.C. 2821 , that has established skills training, recruitment, and placement resources; and (C) demonstrate program outcomes, including— (i) impact on areas with transportation workforce shortages; (ii) diversity of training participants; (iii) number and percentage of participants obtaining certifications or credentials required for specific types of employment; (iv) employment outcome, including job placement and job retention rates and earnings, using performance metrics established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ); and (v) to the extent practical, evidence that the program did not preclude workers that participate in training or registered apprenticeship activities under the program from being referred to, or hired on, projects funded under this chapter. (3) Funding Funds authorized for the program under paragraph (1) of this subsection shall remain available until expended. (4) Nonapplicability of title 41 The provisions of sections 6101(b) through (d) of title 41 shall not be applicable to contracts and agreements made under the authority granted under this subsection to the Secretary. (5) Use of surface transportation and national highway performance program funds Notwithstanding any other provision of law, not to exceed ½ of 1 percent of funds apportioned to a State under section 104(b) (1) or (2) may be available to carry out this subsection upon request of the State transportation department to the Secretary. (6) Job-driven skills training incentive (A) In general In a fiscal year, the Secretary shall provide incentive funding to States for transportation workforce development, including transportation technology and skills training, registered apprenticeship and other work-based training opportunities, and skill improvement programs leading to credential attainment, employment, and career pathways for disadvantaged populations. (B) Eligibility (i) Leveraging existing funds If a State agrees to obligate in a fiscal year funds apportioned to the State under section 104(b) (1) or (2) for the purposes authorized in paragraph (1), the Secretary may provide up to twice the amount the State has agreed to obligate for such purposes. (ii) Demonstrating success in skills training, recruitment, and job placement The Secretary may provide incentive funding to up to 20 States that demonstrate that their program under paragraph (2)— (I) operates in partnership with an institution or agency, such as a State workforce investment board under 29 U.S.C. 2821 , that has established skills training, recruitment, and placement resources; and (II) successfully places individuals in permanent jobs, as measured by a job placement, retention, and earnings metrics established by the Secretary; and (III) establishes recruitment strategies that result in positive employment outcomes for minorities, women, and disadvantaged individuals. (C) Grants (i) In general A State may provide incentive funds received under this paragraph to an institution or agency, such as a State workforce investment board under 29 U.S.C. 2821 , that has established skills training, recruitment, and placement resources for use consistent with subparagraph (A). (ii) Compliance A State that provides funds to an entity under clause (i) shall establish measures to verify that recipients of such funds comply with the requirements of this subsection. (D) Federal share The Federal share for incentive funding under this paragraph may be up to 100 percent. . 1209. Measuring transportation connectivity pilot activities (a) Title 23 Section 134 of title 23, United States Code, as amended by this Act, is further amended by inserting after subsection (p), as redesignated, the following: (q) Measuring transportation connections to opportunity (1) Connection to opportunity pilot program (A) Establishment The Secretary shall establish a pilot program in which up to ten metropolitan planning organizations shall develop and deploy one or more pilot measures and targets to improve multimodal connectivity and increase connections for disadvantaged Americans and neighborhoods with limited transportation options. (B) Pilot locations The Secretary shall select up to ten metropolitan planning organizations in up to ten locations, each of which is the sole metropolitan planning organization serving an urbanized area of more than 1 million residents, which shall include— (i) metropolitan planning organizations that can demonstrate previous successful use of performance measurements and performance-based planning efforts, which the Secretary shall designate as mentor grantees; and (ii) metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts, which the Secretary shall designate as novice grantees. (C) Pilot program activities (i) Transportation connectivity inventory Within 6 months of selection as a pilot location, and in consultation with appropriate States, transit agencies, and local governments, metropolitan planning organizations in pilot locations shall develop an inventory of transportation assets within the urbanized planning area they represent, which will describe— (I) the condition of key highway, transit, bicycle, and pedestrian facilities; (II) the degree to which these facilities provide residents with connections to economic opportunities, including but not restricted to job centers and schools; (III) the identity and location of disadvantaged populations within the planning area; and (IV) local challenges to multimodal connectivity, such as zoning or land use issues, availability of affordable housing, and physical barriers that obstruct access from residential areas to economic opportunities. (ii) Performance indicators Within one year of selection, metropolitan planning organizations in pilot locations shall apply the baseline data developed in the Transportation Connectivity Inventory to adopt one or more provisional indicators to measure multimodal connectivity improvements in the transportation system, including measurements of multimodal connectivity improvements available to populations identified in clause (i)(III), and appropriate to local assets and needs. (iii) Data collection and reporting Metropolitan planning organizations in pilot locations shall collect and report baseline and annual performance data on multimodal transportation connectivity to opportunity, and shall report that data to the Secretary for the duration of the pilot project. (iv) Knowledge-sharing Metropolitan planning organizations designated as mentor grantees shall engage in knowledge-sharing activities with novice grantees to the extent feasible, which may include peer exchanges and technical assistance, as appropriate to their existing level of performance measurement capacity. (v) Project implementation Notwithstanding section 120 of this title, a metropolitan planning organization may use funds remaining after the completion of the Transportation Connectivity Inventory, provisional measure, and related tracking activities for the non-Federal share to implement projects within the metropolitan planning area that are reasonably anticipated to address system gaps and improve performance according to the locally-adopted provisional multimodal transportation connectivity measures. (2) National performance measure development activities The Secretary shall reserve up to a cumulative a maximum of $9,000,000 of the amount authorized for this subsection over the period of fiscal years 2015 through 2018 for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations, and to consider development of a national indicator to measure the multimodal connections to opportunities provided by the transportation network, including the following activities: (A) National technical assistance and peer exchange forums The Secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges, and through workshops with States, transit agencies, and MPOs to discuss Pilot Program findings, and shall establish an online collaboration center for local jurisdictions to share ideas and challenges, and document lessons learned. (B) Connection to opportunity final report At the end of the Connection to Opportunity Pilot Program, the Department shall produce in consultation with the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of Commerce and the Administrator of the Environmental Protection Agency, and seek public comment on a final report that documents the outcomes of the Connection to Opportunity Pilot Program. The report shall provide recommendations on the establishment of one or more national multimodal connectivity measures, and shall include— (i) results of the pilot locations’ efforts to measure and improve multimodal connectivity; (ii) the Secretary’s recommendations for one or more national connectivity measures and integrating them into the Federal transportation performance management framework, in accordance with section 150 of this title; and (iii) an assessment of social outcomes and impact that may result from the pilot measures as well as estimated savings to Federal, State and local social service subsidy programs, as well as other costs avoided and new tax revenues attributable to increased connectivity. (C) Potential rulemaking Following publication of the Connection to Opportunity Final Report, the Secretary, in consultation with State Departments of Transportation, metropolitan planning organizations, and other stakeholders, may promulgate a rulemaking that establishes performance measures and standards as described in section 150(c)(8). . (b) Chapter 53 Section 5303 of title 49, United States Code, as amended by this Act, is further amended by inserting after subsection (p), as redesignated, the following: (q) Measuring transportation connections to opportunity (1) Connection to opportunity pilot program (A) Establishment The Secretary shall establish a pilot program in which up to ten metropolitan planning organizations shall develop and deploy one or more pilot measures and targets to improve multimodal connectivity and increase connections for disadvantaged Americans and neighborhoods with limited transportation options. (B) Pilot locations The Secretary shall select up to ten metropolitan planning organizations, each of which is the sole metropolitan planning organization serving an urbanized area of more than 1 million residents, which shall include— (i) metropolitan planning organizations that can demonstrate previous successful use of performance measurements and performance-based planning efforts, which the Secretary shall designate as mentor grantees; and (ii) metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts, which the Secretary shall designate as novice grantees. (C) Pilot program activities (i) Transportation connectivity inventory Within 6 months of selection as a pilot location, and in consultation with appropriate States, transit agencies, and local governments, metropolitan planning organizations in pilot locations shall develop an inventory of transportation assets within the urbanized planning area they represent, which will describe— (I) the condition of key highway, transit, bicycle, and pedestrian facilities; (II) the degree to which these facilities provide residents with connections to economic opportunities, including but not restricted to job centers and schools; (III) the identity and location of disadvantaged populations within the planning area; and (IV) local challenges to multimodal connectivity, such as zoning or land use issues, availability of affordable housing, and physical barriers that obstruct access from residential areas to economic opportunities. (ii) Performance indicators Within one year of selection, metropolitan planning organizations in pilot locations shall apply the baseline data developed in the Transportation Connectivity Inventory to adopt one or more provisional indicators to measure multimodal connectivity improvements in the transportation system, including measurements of multimodal connectivity improvements available to populations identified in clause (i)(III), and appropriate to local assets and needs. (iii) Data collection and reporting Metropolitan planning organizations in pilot locations shall collect and report baseline and annual performance data on multimodal transportation connectivity to opportunity, and shall report that data to the Secretary for the duration of the pilot project. (iv) Knowledge-sharing Metropolitan planning organizations designated as mentor grantees shall engage in knowledge-sharing activities with novice grantees to the extent feasible, which may include peer exchanges and technical assistance, as appropriate to their existing level of performance measurement capacity. (v) Project implementation Notwithstanding section 120 of this title, a metropolitan planning organization may use funds remaining after the completion of the Transportation Connectivity Inventory, provisional measure, and related tracking activities for the non-Federal share to implement projects within the metropolitan planning area that are reasonably anticipated to address system gaps and improve performance according to the locally-adopted provisional multimodal transportation connectivity measures. (2) National performance measure development activities The Secretary shall reserve up to a cumulative $9,000,000 of the amount authorized for this subsection over the period of fiscal years 2015 through 2018 for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations, and to consider development of a national indicator to measure the multimodal connections to opportunities provided by the transportation network, including the following activities: (A) National technical assistance and peer exchange forums The Secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges, and through workshops with States, transit agencies, and MPOs to discuss Pilot Program findings, and shall establish an online collaboration center for local jurisdictions to share ideas and challenges, and document lessons learned. (B) Connection to opportunity final report At the end of the Connection to Opportunity Pilot Program, the Department shall produce and seek public comment on a final report that documents the outcomes of the Connection to Opportunity Pilot Program. The report shall provide recommendations on the establishment of one or more national multimodal connectivity measures, and shall include— (i) results of the pilot locations’ efforts to measure and improve multimodal connectivity; (ii) the Secretary’s recommendations for one or more national connectivity measures and integrating them into the Federal transportation performance management framework in accordance with section 150 of this title; and (iii) an assessment of social outcomes and impact that may result from the pilot measures as well as estimated savings to Federal, State and local social service subsidy programs, as well as other costs avoided and new tax revenues attributable to increased connectivity. (C) Potential rulemaking Within two years of the publication of the Connection to Opportunity Final Report, the Secretary, in consultation with State Departments of Transportation, metropolitan planning organizations, and other stakeholders, may promulgate a rulemaking that establishes performance measures and standards. . 1210. Performance-based project selection (a) Section 134 amendment Section 134(j)(2)(D) of title 23, United States Code, is amended to read as follows: (D) Performance target achievement In adding projects to a transportation improvement program, a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects") inclusion of elements that are known to support, or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with subsection (h)(2)(B). . (b) Section 135 amendment Section 135(g)(4) of title 23, United States Code, is amended to read as follows: (4) Performance target achievement In adding projects to a State transportation improvement program, a State shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects") inclusion of elements that are known to support, or will foreseeably support, outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with subsection (f)(7)(A). . (c) Section 5303 amendment Section 5303(j)(2)(D) of title 49, United States Code, is amended to read as follows: (D) Performance target achievement In adding projects to a transportation improvement program, a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects") inclusion of elements that are known to support, or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with section 134(h)(2)(B) of title 23. . (d) Section 5304 amendment Section 5304(g)(4) of title 49, United States Code, is amended to read as follows: (4) Performance target achievement In adding projects to a State transportation improvement program, a State shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects") inclusion of elements that are known to support, or will foreseeably support, outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with section 135(f)(7)(A) of title 23. . 1211. Stormwater planning (a) Section 134 amendment Section 134(h)(1) of title 23, United States Code, is amended— (1) in subparagraph (G), by striking ; and and inserting ; ; (2) in subparagraph (H), by striking the final period and inserting ; and ; and (3) by inserting the following at the end: (I) improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation. . (b) Section 135 amendment Section 135(d)(1) of title 23, United States Code, is amended— (1) in subparagraph (G), by striking ; and and inserting ; ; (2) in subparagraph (H), by striking the final period and inserting ; and ; and (3) by inserting the following at the end: (I) improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation. . (c) Section 5303 amendment Section 5303(h)(1) of title 49, United States Code, is amended— (1) in subparagraph (G), by striking ; and and inserting ; ; (2) in subparagraph (H), by striking the final period and inserting ; and ; and (3) by inserting the following at the end: (I) improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation. . (d) Section 5304 amendment Section 5304(d)(1) of title 49, United States Code, is amended— (1) in subparagraph (G), by striking ; and and inserting ; ; (2) in subparagraph (H), by striking the final period and inserting ; and ; and (3) by inserting the following at the end: (I) improve the resilience and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation. . D Congestion Mitigation and Air Quality Improvement 1301. Eligible projects Section 149(b) of title 23, United States Code, is amended— (1) in paragraph (1)(A)(i)(I), by inserting in the designated nonattainment area after standard ; (2) in paragraph (3), by inserting or maintenance after attainment, ; (3) in paragraph (4), by striking is likely to contribute to the attainment of a national ambient air quality standard and inserting is likely to contribute to the area’s attainment or maintenance of a national ambient air quality standard ; and (4) in paragraph (5), by inserting reduces air pollution and after if the program or project . 1302. Special rules (a) Transferability of CMAQ funds Section 126(a) of title 23, United States Code, is amended by inserting (or, for an apportionment under section 104(b)(4), 25 percent of the amount apportioned for the fiscal year) after for the fiscal year . (b) PM–10 nonattainment and maintenance areas Section 149(c)(1) of title 23, United States Code, is amended by striking for ozone or carbon monoxide, or both, and for PM–10 resulting from transportation activities, without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses and inserting or maintenance for PM–10 resulting from transportation activities . 1303. Priority consideration Section 149(g)(3) of title 23, United States Code, is amended to read as follows: (3) Priority consideration States and metropolitan planning organizations shall give priority— (A) in areas designated as nonattainment or maintenance for PM–2.5 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects and programs that are likely to reduce emissions or precursor emissions of PM–2.5, including diesel retrofits; and (B) in areas designated as nonattainment or maintenance for ozone under the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing funds received for congestion mitigation and air quality projects and programs from apportionments under section 104(b)(4) to projects and programs that are likely to reduce precursor emissions of ozone. . 1304. Evaluation and assessment of projects Section 149(i)(1)(A) of title 23, United States Code, is amended by inserting that would contribute to attainment or maintenance of a national ambient air quality standard before the period at the end. 1305. Electric vehicle charging stations and commercial motor vehicle anti-idling facilities in rest areas (a) In general Section 111 of title 23, United States Code, is amended by inserting at the end the following: (f) Electric vehicle charging stations and commercial motor vehicle anti-Idling facilities in rest areas (1) In general Notwithstanding subsection (a), a State may— (A) permit electric vehicle charging stations and commercial motor vehicle anti-idling facilities in a rest area along a highway on the Interstate System in the State, if such stations or facilities will not impair the highway or interfere with the free and safe flow of traffic thereon; and (B) charge a fee, or permit the charging of a fee, for the use of such stations or facilities. (2) Limitation on use of revenues Notwithstanding subsection (b)(4), a State shall use any revenues received from fees collected under paragraph (1) for projects eligible under this title. . (b) Conforming amendments (1) Congestion mitigation and air quality improvement program Section 149(c)(2) of title 23, United States Code, is amended by striking except that such stations may not be established or supported where commercial establishments serving motor vehicle users are prohibited by section 111 of title 23, United States Code . (2) Jason’s law Section 1401(d) of the Moving Ahead for Progress in the 21st Century Act, ( 23 U.S.C. 137 note) is amended— (A) in paragraph (1) by striking Except as provided in paragraph (2), a and inserting A ; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). E Innovative Finance and Tolling 1401. 21st century infrastructure investments (a) In general Title 49, United States Code, is amended by inserting the following after chapter 55: DO 56 21st Century Infrastructure Investments 5601. TIGER infrastructure investment grants (a) Establishment There is established in the Department a discretionary grant program, to be known as the TIGER Infrastructure Grant Program and to be administered by the Secretary. (b) Purpose Funds authorized under this section shall be available for discretionary grants to be provided on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region. (c) Eligible Applicants Applicants eligible for funding under this section include State, local, and Tribal governments, including U.S. territories, transit agencies, port authorities, metropolitan planning organizations, other political subdivisions of State or local governments, and multi-State or multi-jurisdictional groups applying through a single lead applicant. (d) Eligible projects Projects eligible for funding under this section include the following: (1) Highway or bridge projects eligible under title 23, United States Code (including bicycle and pedestrian related projects). (2) Public transportation projects eligible under chapter 53 of title 49, United States Code. (3) Passenger and freight rail transportation projects. (4) Port infrastructure investments. (5) Intermodal projects. (6) Activities related to— (A) the planning, preparation, or design of a single surface transportation project; or (B) regional transportation investment planning, including transportation planning that is coordinated with interdisciplinary factors including housing development, economic competitiveness, network connectivity, stormwater and other infrastructure investments, or that addresses future risks and vulnerabilities, including extreme weather and climate change. (e) Geographic distribution (1) Equitable distribution In awarding funds under this section, the Secretary shall take measures to ensure an equitable geographic distribution of funds and an appropriate balance in addressing the needs of urban and rural communities and the investment in a variety of transportation modes. (2) Rural projects Not less than 20 percent of the funds provided under this section shall be for projects located in rural areas. For the purposes of the TIGER program, rural areas are those outside of an urbanized area as defined by the U.S. Census Bureau. (3) Limitation by state Not more than 25 percent of the funds provided under this section may be awarded to projects in a single State. (f) Grant program criteria, solicitation and award In administering the grant program under this section, the Secretary shall, within 90 days of the enactment of this section, publish grant program criteria on which to base the competition for any grants awarded under this section. (g) Planning grants The Secretary may use up to 10 percent of the funds authorized under this section to fund the activities specified in subsection (d)(6). (h) Federal share (1) In general The Federal share of the costs for which an expenditure is made under this section shall be up to 80 percent. (2) Rural areas The Secretary may provide a Federal share of up to 100 percent for a project in a rural area . (3) Priority In establishing grant program criteria pursuant to subsection (g), the Secretary shall include priority for projects that request a smaller Federal share. (i) Davis-Bacon requirement Projects conducted using funds provided under this section shall comply with the requirements of the Davis-Bacon Act, subchapter IV of chapter 31 of title 40, United States Code. (j) Administrative expenses (1) In general The Secretary may use up to 1.5 percent of the funds authorized under this section to administer— (A) the grant program authorized under this section; (B) the Supplemental Discretionary Grants for a National Surface Transportation System provided for in Public Law 111–5 ; and (C) the National Infrastructure Investments provided for in Public Laws 111–117, 112–10, and 113–6. (2) Availability The funds made available under paragraph (1) shall remain available until expended. (k) TIFIA subsidy and administrative costs The Secretary may use up to 10 percent of the funds authorized under this section to pay 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 the use of the funds would advance the purposes of this section. (l) Transfer authority Funds authorized under this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project. (m) Interagency coordination and cooperation (1) In general The Secretary shall coordinate and cooperate with other Federal agencies in carrying out the grant program authorized under this section if the Secretary finds that such coordination and cooperation would advance the purposes of this section. (2) Interagency authority The Secretary may accept and provide services from other Federal agencies with or without reimbursement in order to further the purposes of this section. (3) Interagency delegation of authority The Secretary may delegate the authority to issue or administer grants pursuant to this section to other Federal agencies in the interest of administrative or programmatic efficiency if the Secretary finds that such delegation would advance the purposes of this section. (n) Authorizations (1) In general There is authorized to be appropriated from the Multimodal Account of the Transportation Trust Fund to carry out this section— (A) $1,250,000,000 for fiscal year 2015; (B) $1,250,000,000 for fiscal year 2016; (C) $1,250,000,000 for fiscal year 2017; and (D) $1,250,000,000 for fiscal year 2018. (2) Availability Funds authorized under this subsection— (A) shall be available for obligation on October 1 of the fiscal year for which they are authorized; and (B) except as specified in subsection (j), shall remain available for obligation for a period of 2 years after the year for which they are authorized. 5602. Fixing and accelerating surface transportation grants (a) Establishment There is established in the Department a discretionary grant program, to be known as the FAST Grant Program and to be administered by the Secretary. The program shall be a competitive program and designed to reform the way transportation investments and decisions are made, implemented, and funded to achieve National transportation outcomes, by promoting the implementation of policies and procedures that generate long-term, institutionalized changes, and support performance-based management of the transportation system to improve transportation outcomes. (b) Best practices Evaluations of applications for funding under this section shall be based in part on the extent to which the applicant has adopted or implemented best practices, including— (1) commitment to sustainable and innovative non-Federal sources of transportation funding, including value capture and authority for local governments to raise funding for transportation, that provide flexibility to make investments across all modes of transportation and convey the full social cost of travel decisions to users; (2) development and incorporation of analytical tools in the investment decisionmaking process, including benefit cost analysis; other economic analyses; watershed-driven web-based geographic information systems; and use of innovations in design, procurement and purchasing to improve project delivery and efficiency and reduce costs; (3) use of operating practices and deployment of technologies that increase the efficient use of transportation system capacity and reduce the need to invest in new highway capacity; (4) adoption of laws, rules and regulations, and commitment of resources toward practices that have been demonstrated to reduce transportation-related fatalities and injuries; (5) integration of transportation planning and investment decisions with other land-use and economic development decisions, including water infrastructure and broadband deployment, to improve connectivity and accessibility and to focus transportation investments near existing infrastructure; (6) adoption of laws, regulations, and practices that have been demonstrated to reduce energy use, improve air and water quality, reduce or mitigate stormwater impacts, promote long-term management of stormwater from surface transportation assets, reduce greenhouse gas emissions, improve community adaptability and resilience, enhance community health and quality of life, and expand transportation choices; and (7) improvements to regional governance that increase metropolitan planning organization capacity and strengthens local and stakeholder input, particularly traditionally underrepresented populations, into project selection. (c) Eligible Applicants States, the District of Columbia, Puerto Rico, U.S. territories (as defined in section 165(c) of title 23, United States Code), Tribal governments, and metropolitan planning organizations are eligible applicants for funding under this section, provided that— (1) States, the District of Columbia, Puerto Rico, U.S. territories, and Tribal applicants demonstrate meaningful participation of metropolitan planning organizations, local governments, or transit agencies within the applicant’s jurisdiction in the development of the application; (2) metropolitan planning organizations include, as partners in their applications, the State (or the District of Columbia, as appropriate), local governments, or transit agencies required to carry out the best practices relied on in their application; and (3) the applicant has experience in successfully and independently administering Federal-aid highway or transit programs or projects. (d) List of projects Applicants shall submit a program of transportation projects that are related to the best practices identified in subsection (b) to demonstrate how funds, if awarded under this section, will be spent. The list of projects shall— (1) with regard to State applications, be developed with, and include priorities of, metropolitan planning organizations within the applicant’s jurisdiction as identified in the metropolitan planning organization" Transportation Improvement Programs; (2) demonstrate strong return on investment and competitive value for taxpayer money by means of a benefit-cost analysis and consideration of alternatives; and (3) further the best practices and reform initiatives identified under subsection (b) and relied upon in the application. (e) Award of funds The Federal Highway Administrator and Federal Transit Administrator shall— (1) competitively award funds under this section in one fiscal year or over multiple fiscal years; (2) withhold a reasonable amount of funds under this section for administration of the program, but not to exceed $25,000,000 per year; (3) devise a methodology for the size of awards under this program based on an applicant’s share of the Federal transportation allocated or formula funding, subject to the provision in paragraph (4); (4) make awards of no less than $50,000,000, except that this paragraph shall not apply to awards made to a Tribal government or a U.S. territory; and (5) in awarding funds under this section (other than under subsection (j)), ensure an appropriate balance in addressing the needs of urban and rural communities. (f) Eligible activities Funds provided under this program shall be used for capital or planning expenses for— (1) highway or bridge projects eligible for funding under title 23, United States Code (including bicycle and pedestrian-related projects); (2) public transportation projects eligible for funding under chapter 53 of title 49, United States Code; (3) passenger and freight rail transportation projects; (4) maritime port infrastructure investments eligible for funding under chapter 503 of title 46; (5) domestic short sea shipping projects eligible for funding under chapter 556 of title 46; and (6) intermodal projects combining any of the above. (g) Criteria for grant selection In awarding a grant under this subsection, the Secretary shall consider the extent to which the application— (1) demonstrates the greatest performance as well as applicants that have made the greatest progress in implementing the best practices listed in subsection (b); (2) promotes National transportation priorities, including— (A) reducing transportation fatalities and serious injuries; (B) strengthening economic competitiveness, including multimodal goods movement and coordination of transportation and economic development investments; (C) improving the state of repair of the transportation system and enhancing community adaptability and resilience; (D) enhancing community health and improving quality of life by increasing access to active transportation infrastructure, jobs and essential services, particularly for under-served populations; (E) improving asset performance by reducing congestion through demand management strategies, particularly strategies that curb demand for single occupancy vehicle travel; (F) improving the efficiency of project development and system performance and reducing the cost of projects and maintenance of the transportation system; and (G) adoption of laws, regulations, and practices that have been demonstrated to reduce energy use, improve air and water quality, reduce or mitigate stormwater impacts, promote long-term management of stormwater from surface transportation assets, reduce greenhouse gas emissions, improve community adaptability and resilience, encourage groundwater recharge, enhance community health and quality of life, and expand transportation choices; and (3) meets other criteria the Secretary requires. (h) Funding (1) Authorized funding There is authorized to be appropriated for each of fiscal years 2015 through 2018 to carry out this section— (A) $500,000,000 from the Highway Account of the Transportation Trust Fund; and (B) $500,000,000 from the Mass Transit Account of the Transportation Trust Fund. (2) Obligation (A) In general The funds authorized by paragraph (1) shall be— (i) available for obligation on October 1 of the fiscal year for which they are authorized; (ii) available for obligation for a period of 3 years after the last day of the fiscal year for which the funds are authorized; and (iii) subject to the limitation on obligations under subparagraph (B). (B) Obligation limitation Notwithstanding any other provision of law, in each of fiscal years 2015 through 2018, obligations for the program under this section shall not exceed— (i) $1,000,000,0000; plus (ii) any amount remaining available for obligation under the program from prior fiscal years. (3) Federal share The Federal share for projects funded under this section may be up to 100 percent. (i) Transfer authority Funds authorized under this section may be transferred within the Department and administered in accordance with the requirements of title 23 or 49 of the United States Code applicable to the agency to which the funds are transferred and any other requirements applicable to the project. (j) Metropolitan mobility program (1) Establishment The Secretary shall establish a metropolitan mobility program under this subsection. (2) Reservation of funds The Secretary shall reserve up to $1,000,000,000 made available under this section over the period of fiscal years 2015 through 2018 for the program under this subsection. Any funds reserved under this paragraph and not allocated under paragraph (3) shall be available for the FAST Grant Program. (3) Allocation of funds (A) Amount available for allocation (i) In general The amount of funding available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over 200,000 individuals shall be— (I) $250,000,000; multiplied by (II) the ratio that— (aa) the population of such urbanized area; bears to (bb) the total population of all urbanized areas with populations of over 200,000 individuals. (ii) Adjustments to amounts Notwithstanding clause (i), the Secretary shall adjust the amounts determined under clause (i) as follows: (I) Minimum amount The amount available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over 200,000 individuals shall not be less than $1,000,000. (II) Maximum amount The amount available to be allocated under this subsection for a fiscal year for use in an urbanized area with a population over 200,000 individuals shall not be greater than $3,000,000. (B) Amount to allocate In a fiscal year the Secretary shall make available to a State, for use in an urbanized area served by a high performing metropolitan planning organization, an amount of funds under this subsection equal to— (i) the amount available for allocation for that fiscal year in that urbanized area under subparagraph (A); plus (ii) any amounts available for allocation in that urbanized area under that subparagraph for any prior fiscal years— (I) beginning with fiscal year 2015; and (II) in which the urbanized area was not served by a high performing metropolitan planning organization. (4) Eligible uses of funds Funds provided under this subsection may be used— (A) for any project or activity eligible under title 23; (B) for any project or activity eligible under chapter 53, title 49 ; or (C) notwithstanding any other provision of law, to pay the non-Federal share of the cost of any project or activity funded under chapter 53 or 56 of this title or under title 23. (5) High performing metropolitan planning organization defined In this subsection, the term high performing metropolitan planning organization means a metropolitan planning organization that the Secretary has designated as high performing under section 134(r) of title 23 or section 5303(r) of this title. . (b) Conforming amendment The analysis of subtitle III of title 49, United States Code, is amended by inserting the following after the item relating to chapter 55: 56. 21st Century Infrastructure investments 5601. . 1402. Transportation Infrastructure Finance and Innovation Act of 1998 amendments (a) Definitions (1) Master credit agreements Section 601(a)(10) of title 23, United States Code, is amended to read as follows: (10) Master credit agreement The term master credit agreement means a conditional agreement to extend credit assistance for a program of related projects secured by a common security pledge (which shall receive an investment grade rating from a rating agency) prior to the Secretary entering into such master credit agreement under section 602(b)(2)(A), or for a single project covered under section 602(b)(2)(B) that does not provide for a current obligation of Federal funds and that would— (A) make contingent commitments of 1 or more secured loans or other Federal credit instruments at future dates, subject to the availability of future funds being made available to carry out this chapter and subject to the satisfaction of all the conditions for the provision of credit assistance under this chapter, including section 603(b)(1); (B) establish the maximum amounts and general terms and conditions of the secured loans or other Federal credit instruments; (C) identify the 1 or more dedicated non-Federal revenue sources that will secure the repayment of the secured loans or secured Federal credit instruments; (D) provide for the obligation of funds for the secured loans or secured Federal credit instruments after all requirements have been met for the projects subject to the master credit agreement, including— (i) completion of an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ii) compliance with such other requirements as are specified in this chapter, including sections 602(c) and 603(b)(1); and (iii) the availability of funds to carry out this chapter; and (E) require that contingent commitments result in a financial close and obligation of credit assistance not later than 3 years after the date of entry into the master credit agreement, or release of the commitment, unless otherwise extended by the Secretary. . (2) Rural infrastructure project Section 601(a)(15) of title 23, United States Code, is amended to read as follows: (15) Rural infrastructure project The term rural infrastructure project means a surface infrastructure project located outside of a Census Bureau-defined urbanized area. . (b) Master credit agreements Section 602(b)(2) of title 23, United States Code is amended to read as follows: (2) Master credit agreements (A) Program of related projects The Secretary may enter into a master credit agreement for a program of related projects secured by a common security pledge on terms acceptable to the Secretary. (B) Adequate funding not available If the Secretary fully obligates funding to eligible projects in a fiscal year, and adequate funding is not available to fund a credit instrument, a project sponsor of an eligible project may elect to enter into a master credit agreement and wait to execute a credit instrument until the fiscal year during which additional funds are available to receive credit assistance. . (c) Application processing procedures Section 602(d)(2) of title 23, United States Code is amended to read as follows: (2) Approval or denial of Application Not later than 60 days after the date of issuance of the written notice of a complete application under paragraph (1), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. . (d) Agreements Section 603(a)(1)(D) of title 23, United States Code, is amended to read as follows: (D) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional demonstrated funding capacity for the completion, enhancement, or expansion of any project that— (i) is selected under section 602; or (ii) otherwise meets the requirements of section 602. . (e) Limitation on refinancing of interim construction financing Section 603(a)(2) of title 23, United States Code, is amended to read as follows: (2) Limitation on refinancing of interim construction financing A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B): (A) if the maturity of such interim construction financing is later than one year after the substantial completion of the project, and (B) later than one year after the date of substantial completion of the project. . (f) Program administration Section 605 of title 23, United States Code, is amended by inserting at the end the following: (f) Reducing burden on small projects The Secretary may use up to $5,000,000 of funds made available to carry out this chapter in a fiscal year in lieu of fees collected under subsection (b) for projects under this chapter having eligible project costs that are reasonably anticipated not to equal or exceed $75,000,000. . (g) Funding (1) Section 608(a) of title 23, United States Code, is amended— (A) by striking paragraph (4); and (B) by renumbering paragraphs (5) and (6) as (4) and (5), respectively. (2) Section 608(a)(6) of title 23, United States Code, is amended to read as follows: (6) Administrative costs Of the amounts made available to carry out this chapter, the Secretary may use not more than $10,000,000 in fiscal year 2015, $12,000,000 in fiscal year 2016, $14,000,000 in fiscal year 2017, and $15,000,000 in fiscal year 2018 for the administration of this chapter. . 1403. Railroad rehabilitation and improvement financing (a) Definitions Section 501 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 821 ) is amended by inserting at the end the following: (9) The term railroad means a railroad carrier as that term is defined in section 20102 of title 49, United States Code. . (b) General authority Section 502(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(a) ) is amended— (1) by striking paragraph (5) and inserting the following: (5) joint ventures that include at least one of the entities described in paragraphs (1) through (4) or paragraph (6) of this section; and ; (2) in paragraph (6), by striking second and that is served by no more than a single railroad ; and (3) in paragraph (6), by striking limited option rail freight shippers and inserting limited option freight shippers . (c) Eligible purposes Section 502(b) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(b) ) is amended— (1) in paragraph (1)(A), by striking shops and inserting shops, inclusive of costs related to these activities, but not operating expenses ; and (2) in paragraph (1)(B), by striking subparagraph (A) and inserting subparagraph (A) or (C) . (d) Infrastructure partners Section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(f) ) is amended— (1) in paragraph (1)— (A) by inserting including modifications thereto after 1990 ; (B) by inserting and modification costs after premiums in the first sentence; and (C) by inserting or modification after application at the end of the first sentence; (2) in paragraph (3), by inserting , and in the case of a modification, before the modification is executed after amounts ; and (3) by striking paragraph (4). (e) Conditions of assistance Section 502(h) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(h) ) is amended— (1) in paragraph (2)— (A) by striking project and inserting project, if applicable ; (B) by striking (2) and inserting (2)(A) ; and (C) by inserting at the end the following: (B) The Secretary may subordinate rights of the Secretary under any provision of title 49 or title 23 of the United States Code, to the rights of the Secretary under this section and section 503 of this Act. ; and (2) by inserting the following after subparagraph (3)(B): (4) The Secretary shall not provide assistance under this section exceeding 80 percent of the reasonably anticipated eligible project costs on projects— (A) that receive a loan for which the Government pays the cost as defined by section 502 of the Federal Credit Reform Act; and (B) with total eligible project costs estimated to exceed $100,000,000. . (f) Modifications Section 503(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 823(c) ) is amended— (1) in paragraph (1), by striking and from the end; (2) in paragraph (2), by striking the period and inserting ; and ; and (3) by adding the following after paragraph (2) the following: (3) the modification cost has been covered pursuant to section 502(f). . (g) Evaluation, award and oversight charges Section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 823 ) is amended by striking subsection (k) and inserting the following: (k) Charges (1) Purpose The Secretary may collect from each applicant a reasonable charge for— (A) the cost of evaluating the application, amendments, modifications, and waivers including appraisal of the value of the equipment or facilities for which the direct loan or loan guarantee is sought, and for making necessary determinations and findings; (B) the cost of award and project management oversight; (C) the cost of services from expert firms, including counsel, in the field of railroad, municipal and project finance, to assist in the underwriting, auditing, servicing and exercise of rights with respect to direct loans and loan guarantees; and (D) the cost of all other expenses incurred as a result of a breach of any term or condition or any event of default on a direct loan. (2) Amount A charge under this subsection shall not exceed one percent of the principal amount requested in the application. The Secretary shall prescribe standards for applying the charges to ensure that it does not prevent a Class II or Class III railroad from having adequate access to direct loans and loan guarantees under this title. (3) Fees credited to safety account Amounts collected under this subsection shall be credited directly to the Safety and Operations account of the Federal Railroad Administration, and shall remain available until expended to pay for the costs described in this subsection. . (h) Authorization of Appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary for the cost of direct loans and loan guarantees pursuant to sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210). 1404. State infrastructure bank program Section 610 of title 23, United States Code, is amended— (1) in subsection (d)— (A) by striking paragraph (1)(A) and inserting in its place the following: (A) 10 percent of the funds apportioned to the State for each fiscal year under each of sections 104(b)(1) and 104(b)(2); and ; (B) in paragraph (2), by striking of fiscal years 2005 through 2009 and inserting fiscal year ; and (C) in paragraph (3), by striking of fiscal years 2005 through 2009 and inserting fiscal year ; and (2) in subsection (k), by striking of fiscal years 2005 through 2009 and inserting fiscal year . 1405. Toll roads, bridges, tunnels, and ferries (a) Tolling Section 129(a) of title 23, United States Code, is amended— (1) in paragraph (1)— (A) by striking subparagraphs (B), (G), and (H) and redesignating— (i) subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and (ii) subparagraph (I) as subparagraph (H); (B) in subparagraph (B), as redesignated, by— (i) inserting , including such facilities after tunnel in the first place it appears; and (ii) adding a comma after Interstate System ; and (C) by inserting after subparagraph (E), as redesignated, the following: (F) reconstruction of a toll-free Federal-aid highway on the Interstate System and conversion of the highway to a toll facility, subject to the approval of the Secretary in accordance with paragraph (12); (G) conversion of 1 or more lanes on a toll-free highway, bridge or tunnel (including highways, bridges or tunnels on the Interstate System) to a toll facility for the purpose of reducing or managing high levels of congestion, subject to the approval of the Secretary in accordance with paragraph (12); and ; (2) in paragraph (3)(A), by— (A) striking shall use and inserting shall ensure that ; (B) inserting are used after toll facility in the second place it appears; (C) redesignating clauses (iv) and (v) as clauses (vi) and (vii), respectively; (D) inserting after clause (iii) the following: (iv) any costs necessary for the improvement and operation of public transportation service that— (I) is provided within the transportation corridor in which the toll facility is located; or (II) contributes to the improved operation of the toll facility or the highway on which the toll facility is located; (v) any costs necessary for mitigating any adverse impacts related to the tolling of the facility and identified under the National Environmental Policy Act process as a priority by the State or public authority imposing the tolls;" and . (E) inserting or chapter 53 of title 49 before the period at the end of clause (vii), as redesignated; (3) by amending paragraph (4) to read as follows: (4) Requirements for tolling for congestion management (A) In general A public authority with jurisdiction over a toll-free highway, bridge, or tunnel that is converted to a toll facility that is tolled under paragraph (1)(G) shall manage the demand to use the facility by varying the toll amount that is charged. (B) HOV facilities A high occupancy vehicle facility converted to a toll facility under paragraph (1)(G) shall be subject to the requirements of section 166 of this title. ; (4) by redesignating paragraph (10) as paragraph (11); (5) by inserting after paragraph (9) the following: (10) Electronic toll collection Fees collected from motorists using a toll facility that is tolled pursuant to this section and opened to traffic on or after October 1, 2015, shall be collected only through the use of noncash electronic technology that optimizes the free flow of traffic on the toll facility. ; and (6) by inserting at the end the following: (12) Approval A facility tolled under paragraph (1)(F) or (1)(G) shall receive the approval of the Secretary according to criteria that the Secretary shall publish in the Federal Register. . (b) Ferry boats Section 129(c)(2) of title 23, United States Code, is amended by inserting , ferry boats carrying commercial motor vehicles and passengers, before the phrase and ferry boats carrying passengers only. . (c) Interstate system reconstruction and rehabilitation pilot program Section 1216(b) of the Transportation Equity Act for the 21st Century ( Public Law 105–178 ) is repealed. 1406. Tax-exempt financing for qualified surface transportation projects Section 142(m)(2)(A) of the Internal Revenue Code of 1986 (26 U.S.C 142(m)(2)(A)) is amended by striking $15,000,000,000 and inserting $19,000,000,000 . 1407. Pay for success To the extent practicable, the Secretary shall encourage the use of pay for success contracting in the implementation of the programs administered by the Department. II Federal-Aid Highways A Authorizations and Programs 2001. Authorization of appropriations (a) In general The following sums are authorized to be appropriated out of the Highway Account of the Transportation Trust Fund: (1) Federal-aid highway program For the national highway performance program under section 119 of title 23, United States Code, the surface transportation program under section 133 of such title, the highway safety improvement program under section 148 of such title, the congestion mitigation and air quality improvement program under section 149 of such title, and to carry out section 134 of such title— (A) $38,540,000,000 for fiscal year 2015; (B) $39,313,000,000 for fiscal year 2016; (C) $40,102,000,000 for fiscal year 2017; and (D) $40,904,000,000 for fiscal year 2018. (2) Critical immediate investments program For the critical immediate investments program under section 2012 of this Act— (A) $4,850,000,000 for fiscal year 2015; (B) $3,850,000,000 for fiscal year 2016; (C) $2,850,000,000 for fiscal year 2017; and (D) $1,850,000,000 for fiscal year 2018. (3) Federal lands and tribal transportation programs (A) Tribal transportation program For the Tribal transportation program under section 202 of title 23, United States Code— (i) $507,000,000 for fiscal year 2015; (ii) $517,000,000 for fiscal year 2016; (iii) $527,000,000 for fiscal year 2017; and (iv) $538,000,000 for fiscal year 2018. (B) Federal lands transportation program For the Federal lands transportation program under section 203 of such title— (i) $370,000,000 for fiscal year 2015; (ii) $377,000,000 for fiscal year 2016; (iii) $385,000,000 for fiscal year 2017; and (iv) $393,000,000 for fiscal year 2018, of which 5 percent of the amount made available for each fiscal year shall be for the United States Army Corps of Engineers; 15 percent of the amount made available for each fiscal year shall be for the United States Forest Service; and 80 percent of the amount made available for each fiscal year shall be for the Department of the Interior and divided by the Secretary of the Interior, with notification to the Secretary, among the National Park Service, the Fish and Wildlife Service, the Bureau of Land Management, and the Bureau of Reclamation. (C) Federal lands access program For the Federal lands access program under section 204 of such title— (i) $250,000,000 for fiscal year 2015; (ii) $255,000,000 for fiscal year 2016; (iii) $260,000,000 for fiscal year 2017; and (iv) $265,000,000 for fiscal year 2018. (D) Nationally significant Federal lands and tribal projects program For the nationally significant Federal lands and Tribal projects program under section 2008 of this Act, $150,000,000 for each of fiscal years 2015 through 2018. (4) Transportation infrastructure finance and innovation program For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of such title, $1,000,000,000 for each of fiscal years 2015 through 2018. (5) Federal allocation programs (A) On-the-job training For surface transportation and technology training and summer transportation institutes under section 140(b) of such title— (i) $11,000,000 for fiscal year 2015; (ii) $11,000,000 for fiscal year 2016; (iii) $11,000,000 for fiscal year 2017; and (iv) $12,000,000 for fiscal year 2018. (B) Disadvantaged business enterprises For training programs and assistance programs under section 140(c) of such title— (i) $11,000,000 for fiscal year 2015; (ii) $11,000,000 for fiscal year 2016; (iii) $11,000,000 for fiscal year 2017; and (iv) $12,000,000 for fiscal year 2018. (C) Highway use tax evasion projects For highway use tax evasion projects under section 143 of such title, $10,000,000 for each of fiscal years 2015 through 2018. (D) Construction of ferry boats and ferry terminal facilities For the construction of ferry boats and ferry terminal facilities under section 147 of such title— (i) $67,000,000 for fiscal year 2015; (ii) $68,000,000 for fiscal year 2016; (iii) $70,000,000 for fiscal year 2017; and (iv) $71,000,000 for fiscal year 2018. (E) Performance management data support program For the performance management data support program under section 150(f) of title 23, United States Code, $10,000,000 for each of fiscal years 2015 through 2018. (F) Territorial and puerto rico highway program For the territorial and Puerto Rico highway program under section 165 of such title— (i) $190,000,000 for fiscal year 2015; (ii) $194,000,000 for fiscal year 2016; (iii) $198,000,000 for fiscal year 2017; and (iv) $202,000,000 for fiscal year 2018. (G) Safety outreach, training, and education activities $3,000,000 for each of fiscal years 2015 through 2018 for safety outreach, training, and education activities. (H) Jobs-driven skills and opportunity programs $100,000,000 in each of fiscal years 2015 through 2018, of which— (i) $30,000,000 for each such fiscal year shall be for the jobs-driven skills training program under section 140(b) of such title (as added by section 1208 of this Act); and (ii) $70,000,000 for each such fiscal year shall be for the connection to opportunity pilot program under section 134(q) of such title and section 5303(q) of title 49, United States Code (as added by section 1209 of this Act). (b) Disadvantaged business enterprises (1) Definitions In this subsection, the following definitions apply: (A) Small business concern (i) In general The term small business concern means a small business concern as the term is used in section 3 of the Small Business Act (15 U.S.C. 632). (ii) Exclusions The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary for inflation. (B) Socially and economically disadvantaged individuals The term socially and economically disadvantaged individuals has the meaning given the term in section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. (2) Amounts for small business concerns Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles II and III of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. (3) Annual listing of disadvantaged business enterprises Each State that receives funds under title II of this Act, title III of this Act, or section 403 of title 23, United States Code, shall annually— (A) survey and compile a list of the small business concerns referred to in paragraph (2) in the State, including the location of the small business concerns in the State; and (B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by— (i) women; (ii) socially and economically disadvantaged individuals (other than women); and (iii) individuals who are women and are otherwise socially and economically disadvantaged individuals. (4) Uniform certification (A) In general The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. (B) Inclusions The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern— (i) on-site visits; (ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) analyses of stock ownership; (v) listings of equipment; (vi) analyses of bonding capacity; (vii) listings of work completed; (viii) examination of the resumes of principal owners; (ix) analyses of financial capacity; and (x) analyses of the type of work preferred. (5) Reporting The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary— (A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and (B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. (6) Compliance with court orders Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under titles II and III of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (2) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (2) is unconstitutional. (c) Conforming amendments (1) Puerto rico and territorial highways Section 165(a) of title 23, United States Code, is amended to read as follows: (a) Division of funds Of funds made available for the territorial and Puerto Rico highway program— (1) for fiscal year 2015— (A) $150,000,000 shall be for the Puerto Rico highway program under subsection (b); and (B) $40,000,000 shall be for the territorial highway program under subsection (c); (2) for fiscal year 2016— (A) $153,000,000 shall be for the Puerto Rico highway program under subsection (b); and (B) $41,000,000 shall be for the territorial highway program under subsection (c); (3) for fiscal year 2017— (A) $156,000,000 shall be for the Puerto Rico highway program under subsection (b); and (B) $42,000,000 shall be for the territorial highway program under subsection (c); (4) for fiscal year 2018— (A) $159,000,000 shall be for the Puerto Rico highway program under subsection (b); and (B) $43,000,000 shall be for the territorial highway program under subsection (c). . (2) Disadvantaged business enterprises Section 140(c) of such title is amended by striking From administrative funds made available under section 104(a), the Secretary shall deduct such sums as necessary, not to exceed $10,000,000 per fiscal year, for the administration of this subsection. . (3) Highway use tax evasion projects Section 143(b)(2) of such title is amended to read as follows: (2) Funding Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training. . (4) Construction of ferry boats and ferry terminal facilities Section 147 of such title is amended— (A) by striking subsection (e); and (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. 2002. Obligation limitation (a) General limitation Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed— (1) $47,323,248,000 for fiscal year 2015; (2) $48,141,248,000 for fiscal year 2016; (3) $48,977,248,000 for fiscal year 2017; and (4) $49,829,248,000 for fiscal year 2018. (b) Exceptions The limitations under subsection (a) 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 highway 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 (but, for each of fiscal years 2005 through 2012, 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 (but, for each of fiscal years 2013 through 2018, only in an amount equal to $639,000,000 for each of those fiscal years). (c) Distribution of obligation authority For each of fiscal years 2015 through 2018, the Secretary— (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for— (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) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) or from the Highway Account of the Transportation Trust Fund for Federal-aid highway 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 authority was provided in a previous fiscal year; (3) shall determine the proportion that— (A) the obligation authority provided by subsection (a) for the fiscal year, 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 highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) 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)(12) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) shall distribute the obligation authority provided by subsection (a), 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 this 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 the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway 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)(12) and the amounts apportioned under sections 202 and 204 of that title) or under this Act in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, or under this Act to each State for the 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, or under this Act to all States for the fiscal year. (d) Redistribution of unused obligation authority Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2015 through 2018— (1) revise a distribution of the obligation authority made available under subsection (c) 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. (e) Applicability of obligation limitations to transportation research programs (1) In general Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 of title 23, United States Code; and (B) Title VIII of this 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 highway and highway safety construction programs for future fiscal years. (f) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2015 through 2018, 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 the fiscal year for Federal-aid highway 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 the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(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. 2003. Apportionment (a) Section 104 amendments Section 104 of title 23, United States Code, is amended— (1) by amending subsection (a)(1) to read as follows: (1) In general There are authorized to be appropriated from the Highway Account of the Transportation Trust Fund to be made available to the Secretary for administrative expenses of the Federal Highway Administration— (A) $442,248,000 for fiscal year 2015; (B) $451,248,000 for fiscal year 2016; (C) $460,248,000 for fiscal year 2017; and (D) $469,248,000 for fiscal year 2018. . (2) in subsection (c)(2)— (A) by adding and thereafter after 2014 the first time it appears; and (B) in subparagraph (A) by adding and each fiscal year thereafter after 2014 ; and (3) by inserting at the end the following: (h) Implementation of future strategic highway research program findings and results Before making an apportionment under subsection (c) for each of fiscal years 2015 through 2018, the Secretary may set aside up to $25,000,000 for each fiscal year to carry out the implementation of future strategic highway research program findings and results under section 503(c)(2)(C). Funds expended under this subsection shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act (15 U.S.C. 638) . (b) Conforming amendment Section 505 of title 23, United States Code, is amended by striking subsection (c) and redesignating subsections (d) and (e) as (c) and (d), respectively. 2004. Federal lands transportation program (a) Definitions Section 101(a) of title 23, United States Code, is amended— (1) in paragraph (8) by striking is adjacent to, ; and (2) by striking paragraphs (9) and (10) and redesignating paragraphs (11) through (34) as paragraphs (9) through (32), respectively. (b) Other amendments Section 203 of title 23, United States Code, is amended— (1) in subsection (a)(1), by— (A) striking ; and at the end of subparagraph (C) and inserting a period; and (B) striking subparagraph (D); (2) in subsection (b)(1)— (A) in the matter preceding subparagraph (A), by striking 2011 and inserting 2012 ; and (B) in subparagraph (B)— (i) by striking ; and at the end of clause (iv) and inserting a semicolon; (ii) by striking the period at the end of clause (v) and insert ; and ; and (iii) by inserting at the end the following: (vi) the Bureau of Reclamation. ; (3) at the end of subsection (c)(2)(B), by inserting the following: (vi) The Bureau of Reclamation. ; and (4) by striking subsection (d). (c) Performance management Section 203(b)(2)(B) of title 23, United States Code, is amended by inserting performance management, including after support . 2005. Emergency relief for federally owned roads (a) Federal share Section 120(e)(2) of title 23, United States Code, is amended by striking Federal land access transportation facilities and inserting other federally owned roads that are open to public travel (as defined in section 125(e)(1) of this title) . (b) Eligibility Section 125(d)(3) of title 23, United States Code, is amended— (1) at the end of subparagraph (A) by striking or ; (2) at the end of subparagraph (B) by striking the period and inserting ; or ; and (3) by inserting at the end the following: (C) projects eligible for assistance under this section located on Tribal transportation facilities, Federal lands transportation facilities, or other federally owned roads that are open to public travel. . (c) Definition Section 125(e) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following: (1) Definitions In this subsection— (A) open to public travel means, with respect to a road, that, except during scheduled periods, extreme weather conditions, or emergencies, the road is maintained and open to the general public and can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of registration; and (B) standard passenger vehicle means a vehicle with six inches of clearance from the lowest point of the frame, body, suspension, or differential to the ground. . 2006. Tribal high priority projects program and tribal transportation program amendments (a) In general Section 202 of title 23, United States Code, is amended as follows: (1) In subsection (a)(1)— (A) in subparagraph (A), by striking the final semicolon and inserting ; and ; (B) in subparagraph (B), by striking ; and and inserting a period; and (C) by striking subparagraph (C). (2) In subsection (b)(3)(A)(i), by striking and subsections (c), (d), and (e) and inserting and subsections (a)(6), (c), (d), (e), and (g) . (3) In subsection (c)(1), by striking 2 percent and inserting 3 percent . (4) In subsection (d)(2), by striking 2 percent and inserting 4 percent . (5) Inserting after subsection (f) the following: (g) Tribal high priority projects program (1) Funding Before making any distribution under subsection (b), the Secretary shall set aside not more than 7 percent of the funds made available for the Tribal transportation program for that fiscal year to carry out this subsection. (2) Eligible Applicants Applicants eligible for program funds under this subsection include— (A) an Indian tribe whose annual allocation of funding under subsection (b) is insufficient to complete the highest priority project of the Indian tribe; (B) a governmental subdivision of an Indian tribe— (i) that is authorized to administer the funding of the Indian tribe under this section; and (ii) for which the annual allocation under subsection (b) is insufficient to complete the highest priority project of the Indian tribe; or (C) any Indian tribe or governmental subdivision of an Indian tribe that has an emergency or disaster with respect to a transportation facility included on the national inventory of Tribal transportation facilities under subsection (b)(1). (3) Eligible facilities and activities To be funded under this subsection, a project— (A) shall be on a Tribal transportation facility that is included in the national inventory of Tribal transportation facilities under subsection (b)(1); and (B) except as specified in paragraph (4), shall be an activity eligible under— (i) subsection (a)(1); or (ii) the emergency relief program, authorized under section 125 of this title, but that does not meet the funding thresholds under part 668 of title 23, Code of Federal Regulations. (4) Limitation on use of funds Funds under this subsection shall not be used for— (A) transportation planning; (B) research; (C) routine maintenance activities; (D) structures and erosion protection unrelated to transportation and roadways; (E) general reservation planning not involving transportation; (F) landscaping and irrigation systems not involving a transportation program or project; (G) work performed on a project that is not included on a transportation improvement program approved by the Federal Highway Administration, unless otherwise authorized by the Secretary of the Interior and the Secretary; (H) the purchase of equipment, unless otherwise authorized by Federal law; or (I) the condemnation of land for recreational trails. (5) Project Applications; funding (A) In general To apply for funds under this subsection, an eligible applicant shall submit to the Department of the Interior or the Department of Transportation an application that includes— (i) project scope of work, including deliverables, budget, and timeline; (ii) the amount of funds requested; (iii) project information addressing— (I) the ranking criteria identified in subparagraph (C); or (II) the nature of the emergency or disaster; (iv) documentation that the project meets the definition of a Tribal transportation facility and is included in the national inventory of Tribal transportation facilities under subsection (b)(1); (v) documentation of official Tribal action requesting the project; (vi) documentation from the Indian tribe providing authority for the Secretary of the Interior to place the project on a transportation improvement program if the project is selected and approved; and (vii) any other information the Secretary of the Interior or Secretary considers appropriate to make a determination. (B) Limitation on Applications An applicant for funds under the program may only have one application for assistance under this subsection pending at any one time, including any emergency or disaster project application under paragraph (6). (C) Application ranking (i) In general The Secretary of the Interior and the Secretary shall determine the eligibility of, and fund, program applications, subject to the availability of funds. (ii) Ranking criteria The project ranking criteria for applications under this subsection shall include— (I) the existence of safety hazards with documented fatality and injury crashes; (II) the number of years since the Indian tribe last completed a construction project funded by the Indian Reservation Roads program (as in effect the day before the date of enactment of MAP–21) or the tribal transportation program under section 202 of title 23, United States Code; (III) the readiness of the Indian tribe to proceed to construction or bridge design need; (IV) the percentage of project costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches); (V) the amount of funds requested, with requests for lesser amounts given greater priority; (VI) the challenges caused by geographic isolation; and (VII) all-weather access for employment, commerce, health, safety, educational resources, or housing. (iii) Project scoring matrix The project scoring matrix established in subpart I of part 170 of title 25, Code of Federal Regulations (as in effect on July 19, 2004), shall be used to rank all applications accepted under this subsection. (D) Funding priority list (i) In general The Secretary of the Interior and the Secretary shall jointly produce a funding priority list that ranks the projects approved for funding under the program. (ii) Limitation The number of projects on the list shall be limited by the amount of funding set aside for this subsection. (E) Timeline The Secretary of the Interior and the Secretary shall— (i) establish deadlines for applications; (ii) notify all applicants and Regions in writing of acceptance of applications; (iii) rank all accepted applications in accordance with the project scoring matrix, develop the funding priority list, and return unaccepted applications to the applicant with an explanation of deficiencies; (iv) notify all accepted applicants of the projects included on the funding priority list; and (v) distribute funds to successful applicants. (6) Emergency or disaster project Applications (A) In general Notwithstanding paragraph (5)(E), an eligible applicant may submit an emergency or disaster project application at any time. (B) Consideration as priority The Secretary of the Interior and the Secretary shall— (i) consider project applications submitted under this paragraph to be a priority project under this subsection; and (ii) fund the project applications in accordance with subparagraph (C). (C) Funding (i) In general If an eligible applicant submits an application for a project under this paragraph before the issuance of the list under paragraph (5)(D) and the project is determined to be eligible for program funds, the Secretary of the Interior and the Secretary shall provide funding for the project before providing funding for other approved projects on the list. (ii) Submission after issuance of list If an eligible applicant submits an application under this subsection after the issuance of the list under paragraph (5)(D) and the distribution of program funds in accordance with the list, the Secretary of the Interior and the Secretary shall provide funding for the project on the date on which unobligated funds provided to projects on the list are returned to the respective Department. (iii) Effect on other projects If the Secretary of the Interior and the Secretary use funding previously designated for a project on the list under paragraph (5)(D) to fund an emergency or disaster project under this paragraph, the project on the list that did not receive funding as a result of the redesignation of funds shall move to the top of the list the following year. (D) Emergency or disaster project cost The cost of a project submitted as an emergency or disaster under this paragraph shall equal at least 10 percent of the distribution of funds of the Indian tribe under subsection (b). (7) Limitation on project amounts Project funding shall be limited to a maximum of $1,500,000 per application, except that funding for disaster or emergency projects shall also be limited to the estimated cost of repairing damage to the Tribal transportation facility. (8) Cost estimate certification All cost estimates prepared for a project shall be required to be submitted by the applicant to the Secretary of the Interior or the Secretary for certification and approval. . (b) Conforming amendment Section 1123 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) is repealed. 2007. Federal lands access program Federal share Section 201(b)(7) of title 23, United States Code, is amended— (1) in subparagraph (A), by striking shall be 100 percent and inserting may be up to 100 percent ; and (2) in subparagraph (B), by inserting before the final period , except that the Federal share for the cost of a project on a Federal lands access transportation facility owned by a county, town, township, municipal, Tribal, or local government may be up to 95 percent . 2008. Nationally significant Federal lands and tribal projects program (a) In general Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following: 207. Nationally significant Federal lands and tribal projects program (a) Purpose The Secretary shall establish a nationally significant Federal lands and tribal projects program to provide funding needed to construct, reconstruct, or rehabilitate nationally significant Federal lands and Tribal transportation projects. (b) Applicants (1) In general Except as specified in paragraph (2), entities eligible to receive funds under sections 201, 202, 203 and 204 of this title may apply for funding under this program. (2) Special rule A State, county or local government may only apply if sponsored by an eligible Federal Land Management Agency or Indian tribe. (c) Eligible projects An eligible project under this section shall be a single continuous project— (1) on a Federal lands transportation facility, a Federal lands access transportation facility, or a Tribal transportation facility, as defined under section 101 of this title, except that such facility is not required to be included on an inventory as described under section 202 or 203 of title 23, United States Code; (2) for which completion of activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been demonstrated through a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded; and (3) having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $25,000,0000, with priority consideration given to projects with an estimated cost equal to or exceeding $50,000,000. (d) Eligible activities An applicant receiving funds under this section may only use such funds for construction, reconstruction, and rehabilitation activities, except that activities related to project design are not eligible. (e) Applications Applicants shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish. (f) Selection criteria In selecting a project to receive funds under this program the Secretary shall consider the extent to which the project— (1) furthers Departmental goals such as state of good repair, environmental sustainability, economic competitiveness, quality of life, or safety; (2) improves the condition of critical multimodal transportation facilities; (3) needs construction, reconstruction, or rehabilitation; (4) is included in or eligible for inclusion in the National Register of Historic Places; (5) enhances environmental ecosystems; (6) uses new technologies and innovations that enhance the efficiency of the project; (7) is supported by funds other than those received under this title to construct, maintain, and operate the facility; (8) spans 2 or more States; and (9) serves lands owned by multiple Federal agencies or Tribes. . (b) Conforming amendments (1) Availability of funds Section 201(b) of such title is amended— (A) in paragraph (1), by inserting nationally significant Federal lands and tribal projects program, after Federal lands transportation program, ; (B) in paragraph (4)(A), by inserting nationally significant Federal lands and tribal projects program, after Federal lands transportation program, ; and (C) by adding at the end of paragraph (7) the following— (C) Nationally significant Federal lands and tribal projects program The Federal share of the cost of a project carried out under the nationally significant Federal lands and tribal projects program may be up to 100 percent. . (2) Planning Section 201(c)(3) of such title is amended by inserting nationally significant Federal lands and tribal projects program after Federal lands transportation program, the first time it appears. (3) Analysis The analysis for chapter 2 of such title is amended by inserting after the item related to 206 the following: 207. Nationally significant Federal lands and tribal projects program . 2009. Federal lands programmatic activities (a) Transportation planning Section 201(c) of title 23, United States Code, is amended— (1) in paragraph (6)(A) by— (A) inserting a period after Tribal transportation program ; (B) inserting Data collected to implement the Tribal transportation program shall be before in accordance with ; and (C) striking , including and inserting . Data collected under this paragraph includes ; and (2) by striking paragraph (7) and inserting the following: (7) Cooperative research and technology deployment The Secretary may conduct cooperative research and technology deployment in coordination with Federal land management agencies, as deemed appropriate by the Secretary. (8) Funding (A) In general To implement activities described in this subsection for Federal lands transportation facilities, Federal lands access transportation facilities, and other federally owned roads open to public travel (as defined under section 125 of this title), the Secretary shall combine and use not more than 5 percent for each fiscal year of the funds authorized for programs under sections 203 and 204 of this title. (B) Other activities In addition to the activities specified in subparagraph (A), funds described under such subparagraph may also be used for— (i) bridge inspections on any Federally owned bridge even if such bridge is not included on the inventory, as described under section 203 of this title; and (ii) transportation planning activities undertaken by any Federal agency. (C) Eligible entities Funds described under subparagraph (A) may be used by the following agencies: (i) Bureau of Land Management; (ii) Bureau of Reclamation; (iii) Military Surface Deployment and Distribution Command; (iv) National Park Service; (v) Tennessee Valley Authority; (vi) United States Air Force; (vii) United States Army; (viii) United States Army Corps of Engineers; (ix) United States Fish & Wildlife Service; (x) United States Forest Service; and (xi) United States Navy. (D) Special rule Notwithstanding subparagraphs (A) through (C), a Federal Land Management Agency receiving funds to carry out section 203 of this title may use funds authorized for that section to meet the requirements of this subsection. (b) Coordination Section 201 of such title is amended by adding at the end the following (f) Federal lands transportation executive council The Secretary periodically shall convene and chair a Federal Lands Transportation Executive Council, which shall be composed of Secretaries of the appropriate Federal Land Management Agencies or their designees, and chaired by the Secretary or the Secretary’s designee. The purpose of the Federal Lands Transportation Executive Council is to consult on interdepartmental data standardization, technology integration, and interdepartmental consistency. . 2010. Bridges requiring closure or load restrictions Section 144(h) of title 23, United States Code, is amended by— (1) redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (2) inserting after paragraph (5), the following new paragraph: (6) Bridges requiring closure or load restrictions (A) Bridges owned by Federal agencies or tribal governments If a Federal agency or Tribal government fails to ensure that any highway bridge that is open to public travel and is located within the jurisdiction of the Federal agency or Tribal government is properly closed or restricted to loads it can carry safely, the Secretary— (i) shall, upon learning of the need to close such bridge or to restrict loads on it, require the Federal agency or Tribal government to take action necessary to— (I) close the bridge within 48 hours; or (II) within 30 days, restrict public travel on the bridge to loads the bridge can carry safely; and (ii) may, if the Federal agency or Tribal government fails to take action necessary under clause (i), withhold all funding authorized under this title for the Federal agency or Tribal government. (B) Other bridges If a State fails to ensure that any highway bridge (other than a bridge described in subparagraph (A)) that is open to public travel and is located within the boundaries of the State is properly closed or restricted to loads it can carry safely, the Secretary— (i) shall, upon learning of the need to close such bridge or to restrict loads on it, require the State to take action necessary to— (I) close the bridge within 48 hours; or (II) within 30 days, restrict public travel on the bridge to loads the bridge can carry safely; and (ii) may, if the State fails to take action necessary under clause (i), withhold approval for Federal-aid projects in such State. ; and (3) in paragraph (8), as redesignated, by striking (6) and inserting (7) . 2011. Broadband infrastructure deployment (a) Policy It is in the national interest for the Department of Transportation and State departments of transportation to expand the use of rights-of-way on Federal-aid highways to accommodate broadband infrastructure; to ensure the safe and efficient accommodation of broadband infrastructure in the public right-of-way; to identify areas where additional broadband infrastructure is most needed; to include broadband stakeholders in the transportation planning process; to coordinate highway construction plans with other statewide telecommunications and broadband plans; and to improve broadband connectivity to rural communities and improve broadband services in urban areas. (b) Establishment of broadband infrastructure deployment initiative (1) In general To advance the policy identified in subsection (a), the Secretary shall carry out a broadband infrastructure deployment initiative under this section. (2) Advancing the use of best practices In order to expand the installation of broadband infrastructure, the Secretary shall require each State that receives funds under title II of this Act to meet the following requirements: (A) Broadband coordination Each State department of transportation shall— (i) have a broadband utility coordinator responsible for coordinating the broadband infrastructure needs of the State with Federal-aid highway projects; (ii) provide for online registration of broadband infrastructure entities that seek to be included in such broadband infrastructure coordination efforts within the State; (iii) coordinate with other State and local agencies and broadband infrastructure entities registered with the State department of transportation under clause (ii) and the First Responder Network Authority (FirstNet) as established in section 6204 of the Middle Class Tax Relief and Job Creation Act of 2012 (42 U.S.C. 1424), to review areas within the State that are unserved or underserved by broadband; and (iv) include broadband infrastructure entities registered with the State department of transportation under clause (ii) in the transportation planning processes under sections 134 and 135 of title 23, United States Code. (B) Broadband infrastructure coordination plan Each State department of transportation shall— (i) based on the coordination under subparagraph (A), develop a comprehensive State broadband infrastructure coordination plan to expand the adoption and deployment of broadband infrastructure within the State through, at a minimum, the use of rights-of-way for Federal-aid highways and strategies to support increased availability and adoption in unserved and underserved areas in accordance with paragraph (2)(A)(iii); (ii) to the extent practicable, coordinate the State broadband infrastructure coordination plan with other statewide telecommunication or broadband plans, and with State and local transportation and land use plans; (iii) include in its State broadband infrastructure coordination plan strategies to minimize repeated excavations that involve the installation of broadband infrastructure in the right-of-way; and (iv) include in its State broadband infrastructure coordination plan strategies to support increased broadband availability and adoption in unserved and underserved areas in accordance with paragraph (2)(A)(iii). (C) Right-of-way access Notwithstanding any other provision of law— (i) each State department of transportation shall— (I) allow the installation of broadband infrastructure in the right-of-way of every Federal-aid highway to the extent the State holds sufficient ownership rights to authorize such accommodation; and (II) establish reasonable conditions to provide right-of-way access to broadband infrastructure entities to construct, operate, and maintain broadband infrastructure, and may prohibit such uses that would adversely affect highway or traffic safety. Such use and access shall be free of charge to a broadband infrastructure entity requesting access for the purposes of broadband infrastructure installation; and (ii) each State may— (I) designate one or more longitudinal areas within each right-of-way to accommodate broadband infrastructure; and (II) require all broadband infrastructure entities to locate their broadband infrastructure within such longitudinal areas. (D) Innovation Each State department of transportation shall consider new technology and construction practices that would allow for the safe and efficient accommodation of broadband infrastructure in the right-of-way. (3) State flexibility A State meeting the requirements under paragraph (2) may use funds authorized for the surface transportation program under section 133 of title 23, United States Code, and the national highway performance program under section 119 of such title, to install broadband infrastructure as part of a Federal-aid highway project located in an area identified under paragraph (2)(A)(iii), and the broadband infrastructure may be utilized to support non-transportation purposes in addition to transportation purposes. (c) Definitions In this section, the following definitions apply: (1) Broadband infrastructure The term broadband infrastructure means buried or aerial facilities, wireless or wireline connection that enables users to send and receive voice, video, data, graphics, or a combination thereof. (2) Broadband infrastructure entity The term broadband infrastructure entity means any entity that installs, owns, or operates broadband infrastructure and provides services to members of the public. (3) Right-of-way The term right-of-way means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a Federal-aid highway. (4) State The term State means any of the 50 States, the District of Columbia, or Puerto Rico. 2012. Critical immediate investments program (a) Establishment The Secretary shall establish a program under this section to make critical and immediate improvements to infrastructure and highway safety. This program shall include— (1) the interstate bridge revitalization initiative under subsection (b); (2) the systemic safety initiative under subsection (c); and (3) the state of good repair initiative under subsection (d). (b) Interstate bridge revitalization initiative (1) Apportionment The Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio that— (A) the amount of funds that the Secretary apportions to the State for such fiscal year for the national highway performance program under section 104(b)(1) of title 23, United States Code; bears to (B) the amount of funds that the Secretary apportions to all States for such fiscal year for such program under such section. (2) Use of funds (A) If above threshold If the Secretary determines that more than 5 percent of the total deck area of bridges on the Interstate System in a State is located on bridges that the Secretary has classified as structurally deficient, the State may use funds under this subsection to repair, rehabilitate, or replace structurally deficient bridges on the Interstate System. (B) If below threshold If the Secretary determines that less than 5 percent of the total deck area of bridges on the Interstate System in a State is located on bridges that the Secretary has classified as structurally deficient, the State may use funds under this subsection to repair, rehabilitate, or replace structurally deficient bridges on the National Highway System. (C) Exclusion A State may not use funds under this subsection to construct a new bridge except as a replacement for an eligible structurally deficient bridge. (c) Systemic safety initiative (1) Distribution of funds (A) Apportionment Subject to subparagraph (B), the Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio specified in subsection (b)(1). (B) Reservation of funds Before apportioning funds under paragraph (1) in a fiscal year, the Secretary shall reserve $75,000,000 under this subsection for use under paragraph (3). (2) Eligible uses of funds (A) In general A State may use funds under this subsection on— (i) systemic safety improvements that are— (I) eligible uses of funding under section 148 of title 23, United States Code; (II) consistent with the State’s strategic highway safety plan under such section; and (III) located on a highway that is not owned by the State; and (ii) data improvement activities (or safety data systems) related to highways described in clause (i)(III). (B) Special rule Notwithstanding subparagraph (A)(i)(III), if a State, in the judgment of the Secretary, meets its infrastructure safety needs relating to systemic safety improvements on highways that are not owned by the State, the State may use funds under this subsection on such an improvement— (i) that is located on a highway owned by the State; and (ii) that meets the requirements of subparagraphs (A)(i)(I) and (A)(i)(II). (3) Build to evaluate (A) In general The Secretary shall provide grants under this paragraph to— (i) allow local agencies to implement systemic safety improvements; and (ii) enable the Secretary to evaluate the effectiveness of such improvements. (B) Eligible Applicants A local agency seeking to receive a grant under this paragraph shall— (i) submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish; and (ii) agree to provide the Secretary with data sufficient, in the judgment of the Secretary, to allow the Secretary to rigorously evaluate the effectiveness of the projects that the agency implements with such a grant. (4) Definitions In this subsection, the terms data improvement activities, safety data system, systemic safety improvement and strategic highway safety plan have the same meaning as in section 148 of title 23, United States Code. (d) State of good repair initiative (1) Apportionment The Secretary shall apportion funds made available to carry out this subsection for a fiscal year among States in the ratio specified in subsection (b)(1). (2) Eligible uses of funds (A) In general Subject to subparagraph (B), a State may use funds under this subsection to— (i) reconstruct, resurface, restore, rehabilitate, or preserve a highway on the National Highway System; or (ii) replace, rehabilitate, preserve, or protect a bridge or tunnel on the National Highway System. (B) Preservation projects A State may use 50 percent of the funds that the Secretary apportions to the State under paragraph (1) only for preservation or rehabilitation projects under subparagraph (A) that would prevent or reduce the need for more costly future repair or replacement. (3) Use of systems In selecting projects to fund under this subsection, a State shall use information from its pavement and bridge management systems to identify potential projects that need immediate action to preserve the asset and avoid further deterioration. (e) Transfers Notwithstanding subsection (d), a State may transfer up to 100 percent of its apportionment under such subsection— (1) to its apportionment under subsection (b) if, in the judgment of the Secretary, such transfer will help the State to meet the performance targets that the State has established under section 150(d) of title 23, United States Code, in relation to the national highway performance program; or (2) to its apportionment under subsection (c) if, in the judgment of the Secretary, such transfer will help the State to meet the performance targets that the State has established under section 150(d) of such title in relation to the highway safety improvement program. (f) Administration of funds (1) Availability of funds Of the funds authorized for each fiscal year for the Critical Immediate Investments Program— (A) 25 percent shall be available for the Interstate Bridge Revitalization Initiative under subsection (b); (B) 25 percent shall be available for the Systemic Safety Initiative under subsection (c); and (C) 50 percent shall be available for the State of Good Repair Initiative under subsection (d). (2) Contract authority Except as specified in paragraph (2), funds made available for the program under this section shall be available for obligation and administered as if apportioned under chapter 1 of title 23, United States Code. (3) Federal share (A) In general The Federal share of the cost of a project under this section may be up to 80 percent of the total project cost. (B) Use of other Federal funds A State may use to pay the non-Federal share of a project under this section Federal funds apportioned or allocated to the State under title 23, United States Code. 2013. Appalachian development highway system Subsections (b) and (c) of section 1528 of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ; 126 Stat. 582) are amended by striking shall be 100 percent and inserting shall be up to 100 percent each place it appears. B Performance Management 2101. Performance management data support program (a) Performance management data support program Section 150 of title 23, United States Code, is amended by inserting at the end the following: (f) Performance management data support To assist metropolitan planning organizations, States, and the Department in carrying out performance management analyses, including the performance management requirements of this chapter, the Secretary shall create and maintain data sets and data analysis tools. Such activities may include— (1) collecting and distributing vehicle probe data describing traffic on the National Highway System; (2) collecting household travel behavior data crossing local jurisdictional boundaries to accommodate external and through travel; (3) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data; (4) enhancing existing data analysis tools to improve performance predictions in reports described in subsection (e) or section 5405 of title 49; and (5) developing tools to improve performance analysis and evaluate the effects of project investments on performance. . (b) Federal share Section 120 of such title is amended by adding at the end the following: (l) Performance management data support program The Federal share payable on account of an activity under the performance management data support program under section 150(f) shall be 100 percent of the cost of the activity. . 2102. Performance period adjustment (a) Highway safety improvement program Section 148(i) of title 23, United States Code, is amended in the matter preceding paragraph (1), by striking by the date that is 2 years after the date of the establishment of the performance targets . (b) National highway performance program Section 119 of title 23, United States Code, is amended— (1) in subsection (e)(7), by striking for 2 consecutive reports submitted under this paragraph shall include in the next report submitted and inserting shall include as part of the performance target report ; and (2) in subsection (f)(1)(A), by striking If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls and inserting If a State reports that the condition of the Interstate System, excluding bridges on the Interstate System, has fallen . 2103. Multimodal accommodations (a) Design standards Section 109 of title 23, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by striking may take into account and inserting shall take into account ; and (ii) by striking paragraph (1)(C) and inserting the following: (C) access and safety for users of all foreseeable modes of transportation. ; and (B) in paragraph (2), by striking may develop and inserting shall develop ; and (2) in subsection (m), by— (A) striking and light motorcycles ; and (B) inserting , safe, convenient, and continuous before alternate route . (b) Transportation alternatives (1) Federal share Section 120 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following: (m) Transportation alternatives program The Federal share requirements under this section applicable to the transportation alternatives program under section 213 of this title may be met based on— (1) an individual project or activity under that section; or (2) a program of projects or activities approved under subsection (c)(6)(B) of that section. . (2) Reservation of funds Section 213 of such title is amended in subsection (a)(1) by striking of fiscal years 2013 and 2014 and inserting fiscal year . (3) Eligible entities Section 213(c)(4)(B) of such title is amended by— (A) redesignating clauses (vi) and (vii) as clauses (viii) and (ix); and (B) inserting after clause (v) the following: (vi) a nonprofit organization; (vii) a metropolitan planning organization that is not developing the competitive process for funding; . (4) Program of projects Section 213(c) of such title is further amended by adding at the end the following: (6) Program of projects Funds may be obligated under this section for— (A) a project or activity eligible under subsection (b); or (B) a program of projects or activities eligible under that subsection. (7) Administration (A) Submission of project agreement For each fiscal year, each State shall submit a project agreement that— (i) certifies that the State will meet all the requirements of this section; and (ii) notifies the Secretary of the amount of obligations needed to carry out the program under this section. (B) Request for adjustments of amounts Each State shall request from the Secretary such adjustments to the amount of obligations referred to in subparagraph (A)(ii) as the State determines to be necessary. (C) Effect of Approval by the secretary Approval by the Secretary of a project agreement under subparagraph (A) shall be deemed a contractual obligation of the United States to pay funds made available under this title. . C Improved Federal Stewardship 2201. Project approval and oversight Section 106 (g)(4) of title 23, United States Code, is amended by inserting at the end the following: (C) Funding (i) In general Subject to project approval by the Secretary, and the limitation in clause (iv), a State may use funds made available to the State under section 133(d)(1)(B) to carry out its administration and oversight responsibilities under subparagraph (A). (ii) Approval by secretary To obligate such funds under this subparagraph, the State shall, prior to the beginning of the fiscal year, submit to the Secretary for review and approval an annual work plan identifying activities to be carried out during the fiscal year. (iii) Federal share The Federal share of the cost of activities carried out in accordance with this subparagraph shall not exceed 80 percent. (iv) Limitation A State’s obligation of funds under this subparagraph shall not exceed an amount equal to 3 percent of the State’s apportioned funds available for obligation in a fiscal year as specified in section 133(d)(1)(B). . D Other 2301. Letting of contracts Section 112 of title 23, United States Code, is amended by inserting the following at the end: (h) Local hiring (1) In general The Secretary or recipient of assistance under the Federal-aid highway program may advertise, post job opportunities on State job banks and with One Stop centers established under the Workforce Investment Act, and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed under the contract, provided that— (A) all or part of the construction work performed under the contract occurs in an area that has— (i) a per capita income of 80 percent or less of the national average; or (ii) an unemployment rate that is, for the most recent 24-month period for which data are available, at least 1 percent greater than the national average unemployment rate; (B) the estimated cost of the project of which the contract is a part is greater than $10 million; and (C) the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade, except for individuals who are subject to an apprenticeship program or other training program meeting the requirements of section 140 of this title. (2) Advertisement In advertising and awarding a contract under this subsection, the Secretary or recipient of assistance shall ensure that the requirements contained in the advertisement would not— (A) compromise the quality of the project; (B) unreasonably delay the completion of the project; or (C) unreasonably increase the cost of the project. (i) Permissible Restrictions A State or local law governing contracting practices that prohibits the awarding of contracts to businesses that have solicited or made contributions to political candidates, political parties and holders of public office does not violate the requirements of this section. . 2302. Construction of ferry boats and ferry terminal facilities Section 1801(e) of the SAFETEA–LU ( 23 U.S.C. 129 note; Public Law 109–59 ), as amended by section 1121 of the MAP–21 ( Public Law 112–141 ), is amended in paragraph (4)(D) by striking 2014 and inserting 2018 . 2303. Green stormwater infrastructure (a) Eligibility for environmental restoration and pollution abatement Section 328(a) of title 23 United States Code, is amended by striking construction of stormwater treatment systems and inserting construction of stormwater treatment systems or green stormwater infrastructure . (b) Eligibiity under surface transportation program Section 133(b) of such title is amended— (1) in paragraph (2) by inserting and green infrastructure after material ; and (2) in paragraph (7) by striking wildlife, and inserting wildlife or stormwater, . 2304. Elimination or modification of certain FHWA reporting requirements (a) Fundamental properties of asphalts report Section 6016 of the Intermodal Surface Transportation Efficiency Act of 1991 ( 23 U.S.C. 307 note) is amended by striking subsection (g). (b) Projects of regional and national significance annual report Section 1301 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( 23 U.S.C. 101 note) is amended by striking subsection (k). (c) Express lane demonstration program reports Section 1604 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( 23 U.S.C. 129 note) is amended by striking subsection (b)(7)(B). (d) Surface transportation project delivery pilot program Section 327 of title 23, United States Code, is amended— (1) by striking subsection (i); and (2) by redesignating subsection (j) as subsection (i). (e) Expedient decisions and reviews report Section 139(h)(7)(B) of title 23, United States Code, is amended by striking every 120 days and inserting in its place annually . III Public Transportation 3001. Short title; amendments to title 49, United States Code (a) Short title This title may be cited as the Federal Public Transportation Act of 2014 . (b) Amendment of title 49 Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. 3002. Definitions Section 5302 is amended— (1) by redesignating paragraphs (2) through (23) as paragraphs (3) through (24), respectively; (2) by inserting a new paragraph (2) to read as follows: (2) Base-model bus The term base-model bus means a heavy-duty public transportation bus manufactured to meet, but not exceed, transit specific minimum performance criteria developed by the Secretary. ; (3) by revising paragraph (5), redesignated, to read as follows: (5) Designated recipient The term designated recipient means— (A) an entity designated, in accordance with the planning process under sections 5303 and 5304 of this title, by the governor of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 of this title to urbanized areas of 200,000 or more in population; (B) a State that receives and apportions amounts under sections 5310, 5336, 5337 and 5339 of this title to urbanized areas of less than 200,000 in population notwithstanding such an area’s designated as a transportation management area to pursuant section 5303; or (C) a State, or State authority, if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation. ; and (4) by inserting a new paragraph at the end to read as follows: (25) Value capture The term value capture means recovering the increased value to property located near public transportation resulting from investments in public transportation. . 3003. Formula grants for enhanced mobility Section 5310(a)(1) of title 49, United States Code, is amended by inserting , a local governmental entity, after designated recipient . 3004. Formula grants for public transportation on Indian reservations Section 5311 is amended— (1) by revising subsection (c)(1)(B) to read as follows: (B) $30,000,000 in fiscal year 2015, $30,871,500 in fiscal year 2016, $31,764,700 in fiscal year 2017, and $32,680,141 in fiscal year 2018 shall be apportioned as formula grants, as provided in subsection (j). ; (2) in subsection (j)(1)(A)(iii), by striking Tribal lands (as defined by the Bureau of Census) and inserting American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census, ; and (3) by revising subsection (j)(1)(B) to read as follows: (B) Limitation (i) Notwithstanding subparagraph (A), no recipient shall receive an apportionment under this subsection that is less than $20,000; and (ii) No recipient shall receive more than $300,000 of the amounts apportioned under subparagraph (A)(iii) in a fiscal year. . 3005. Workforce development programs (a) In general Section 5322 is amended to read as follows: 5322. Workforce development programs (a) In general The Secretary, in consultation with the Secretary of Labor, may undertake, or make grants, cooperative agreements, other agreements, or enter into contracts for programs that address human resource needs as they apply to public transportation. A program may include— (1) an employment training program; (2) an outreach program to increase employment of minorities, women, and individuals with disabilities in public transportation activities; (3) research on public transportation personnel and training need; and (4) training and assistance for minority business opportunities. (b) Ladders of opportunity public transportation grant program (1) In general The Secretary shall undertake, make grants or cooperative agreements, or enter into contracts to establish, conduct and administer a public transportation workforce development program that addresses critical workforce issues and prepares individuals for employment and career pathways in public transportation, including in the area of public transportation technology. (2) Programs Eligible public transportation workforce development programs under this subsection may include apprenticeship programs that are registered under the National Apprenticeship Act ( 29 U.S.C. 50 et seq. ), non-registered apprenticeship programs, skill development programs, skill improvement programs, and on-the-job training programs, that— (A) are, to the extent possible, nationally or regionally significant in scope; (B) replicate a successful workforce development model adopted in multiple geographic locations; (C) target areas with high rates of unemployment; (D) are designed to address current or projected workforce shortages; (E) give priority to minorities, women, individuals with disabilities, veterans, low-income populations and other underserved populations; (F) are designed to provide career pathways that support the movement of targeted populations from initial or short-term employment opportunities to sustainable careers; and (G) other critical activities as identified by the Secretary. (3) Program outcomes Recipients of assistance pursuant to this subsection shall require that apprenticeship, skill development, skill improvement, and on-the-job training programs utilized to carry out this subsection demonstrate program outcomes including— (A) impact on reducing public transportation workforce shortages in the area served; (B) diversity of training participants; (C) number of participants obtaining certifications or credentials required for specific types of employment; (D) employment outcome, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Investment Act; and (E) to the extent practical, evidence that the program did not preclude workers that are participating in training or apprenticeship activities from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in such program. (4) Coordination Recipients of assistance under this subsection shall— (A) identify the training needs, apprenticeship, skill development programs, and on-the-job training to be implemented at the local level in coordination with entities such as local employers, local transit operators, labor union organizations, Workforce Investment Boards, State workforce agencies, State Apprenticeship Agencies (where applicable), University Transportation Centers, Community Colleges, and community-based organizations representing minority, disability, and low-income populations; and (B) to the extent practicable, conduct local training programs in coordination with existing local training programs supported by the U.S. Department of Transportation, the U.S. Department of Labor (including registered apprenticeship programs), and the U.S. Department of Education. (5) Research and program evaluation The Secretary shall conduct research and an impact evaluation based on measurable outcomes of the training, apprenticeship, skill development and skill improvement programs, and on-the-job training funded under this subsection. In the second, fourth and sixth year following the enactment of this subsection, the Secretary shall conduct an aggregate analysis of the national impact related to workforce shortage, diversity, and job placement. (c) National public transportation institute (1) In general The Secretary may enter into grants, contracts or cooperative agreements, and other agreements, awarded on a competitive basis, to conduct a national public transportation institute to develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work. (2) Cooperative effort In cooperation with the Secretary, State transportation departments, public transportation authorities, State workforce agencies, and national and international entities, the institute under paragraph (1) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in public transportation work. (3) Training and educational programs The training and educational programs developed under paragraph (2) may include courses in recent developments, techniques, and procedures related to— (A) intermodal and public transportation planning; (B) management; (C) environmental factors; (D) acquisition and joint use rights-of-way; (E) engineering and architectural design; (F) procurement strategies for public transportation systems; (G) turnkey approaches to delivering public transportation systems; (H) new technologies; (I) emission reduction technologies; (J) ways to make public transportation accessible to individuals with disabilities; (K) construction, construction management, insurance, and risk management; (L) maintenance; (M) contract administration; (N) inspection; (O) innovative finance; (P) workplace safety; and (Q) public transportation security. (4) Providing education and training Education and training of Federal, State, and local public transportation employees under this subsection shall be provided— (A) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or (B) when the education and training are paid under paragraph (5) of this subsection, by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute. (d) Use for administration and technical assistance The Secretary may use up to 1 percent of the amounts made available to carry out this section to administer, oversee, and provide technical assistance for the activities and programs developed and conducted with this section. (e) Government’s share of costs A grant, cooperative agreement, other agreement, or contract awarded under this section may be up to 100 percent of the cost of the project. (f) Availability of amounts (1) Up to 0.5 percent of the amounts made available to a recipient under sections 5307, 5337 and 5339 is available for expenditure by the recipient, with the approval of the Secretary, to pay up to 80 percent of the cost of eligible activities under this section; and (2) A recipient may transfer amounts under paragraph (1) to existing local training programs supported by the Secretary, the U.S. Department of Labor, and the U.S. Department of Education. . (b) Conforming amendment The analysis for chapter 53 is amended by striking the item relating to section 5322 and inserting the following: 5322. Workforce development programs. . 3006. General provisions Section 5323 is amended— (1) In subsection (i), by redesignating paragraphs (1) and (2) as (2) and (3), respectively and inserting a new paragraph (1) to read as follows: (1) Acquisition of base-model buses A grant for the acquisition of a base-model bus for use in public transportation may be up to 85 percent of the net project cost. ; (2) in subsection (j)— (A) by revising paragraph (2)(C) to read as follows: (C) Rolling stock procurement When procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter— (i) the cost of components and subcomponents produced in the United States— (I) for fiscal year 2015 is more than 60 percent of the cost of all components of the rolling stock; (II) for fiscal year 2016 is more than 70 percent of the cost of all components of the rolling stock; (III) for fiscal year 2017 is more than 80 percent of the cost of all components of the rolling stock; and (IV) for fiscal year 2018 is more than 90 percent of the cost of all components of the rolling stock; and (ii) final assembly of the rolling stock, including rolling stock prototypes, has occurred in the United States; or ; (B) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; and (C) by inserting a new paragraph (3) following paragraph (2), to read as follows: (3) Rolling stock cost and assembly Beginning in fiscal year 2019, when procuring rolling stock, including rolling stock prototypes, the cost of the components and subcomponents produced in the United States shall be 100 percent and final assembly shall occur in the United States. ; and (3) by inserting a new subsection at the end to read as follows: (s) Value capture revenue eligible for local share Notwithstanding any other provision of law, a recipient of assistance under this chapter may use the revenue generated from value capture financing mechanisms as local matching funds for capital projects and operating costs eligible under this chapter. . 3007. Public transportation local hiring Section 5325 is amended— (1) in subsection (a) by striking Recipients of assistance and inserting Except as provided in subsections (k) and (l), recipients of assistance ; (2) in subsection (h), by striking A grant awarded and inserting Except as provided in subsections (k) and (l), a grant awarded ; and (3) by inserting a new subsection (l) at the end to read as follows: (l) Local hiring (1) In general A recipient of assistance may post job opportunities on State job banks and with One Stop Centers established under the Workforce Investment Act, and may advertise and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work to be performed is for construction work required under the contract, provided that— (A) all or part of the construction work performed under the contract occurs in an area that has— (i) a per capita income of 80 percent or less of the national average; or (ii) an unemployment rate that is for the most recent 24-month period for which data are available at least 1 percent greater than the national average unemployment rate; (B) the estimated cost of the project of which the contract is a part is greater than $10,000,000; and (C) the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade, except for individuals who are subject to an apprenticeship program or other training program meeting the requirements of section 5332 of this title. (2) Advertisement In advertising and awarding a contract under this subsection, the Secretary or a recipient of assistance shall ensure that the requirements contained in the advertisement would not— (A) compromise the quality of the project; (B) unreasonably delay the completion of the project; or (C) unreasonably increase the cost of the project. . 3008. Public transportation safety program (a) In general Section 5329(e) is amended— (1) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively; (2) by adding the following after paragraph (2): (3) State participation (A) An eligible State having within its jurisdiction 1 or more rail fixed guideway public transportation systems in revenue service, design or construction that have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year or which provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year may request, in writing, that the Secretary oversee the safety of such systems consistent with the oversight and enforcement authority under this section. (B) Should a State be granted an exemption under this subparagraph (C), the State will not be subject to the State safety oversight requirements under this subsection and shall not be eligible to receive a State Safety Oversight grant authorized under paragraph (6) of this subsection. (C) The Secretary shall provide an exemption to a State that meets the criteria under subparagraph (A) within 30 days of the Secretary’s receipt of the State’s request or inform the State of the reason an exemption cannot be granted. ; and (3) in paragraph (7), as redesignated— (A) by striking shall be 80 and insert may be up to 100 ; and (B) by striking clauses (ii) and (iii) and redesignating clause (iv) as clause (ii). (b) Public transportation safety enforcement Section 5329(g) is amended to read as follows: (g) Enforcement (1) Types of enforcement actions The Secretary may take enforcement action against recipient that does not comply with Federal law with respect to the safety of the public transportation system, including— (A) issuing directives; (B) requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary; (C) imposing more frequent reporting requirements; (D) requiring that any Federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects; (E) withholding financial assistance under this chapter in an amount to be determined by the Secretary; (F) issuing penalties pursuant to paragraph (2); (G) instituting a civil action pursuant to paragraph (4); and (H) issuing orders, including orders issued pursuant to paragraph (7). (2) Penalties The Secretary has the authority— (A) to establish, impose and compromise a civil penalty for a violation of a public transportation safety regulation promulgated or order issued under this section; (B) to establish, impose and compromise a civil penalty for violation of the alcohol and controlled substances testing provisions under section 5331 of this chapter; (C) to request an injunction for a violation of a public transportation safety regulation promulgated or order issued under this section; and (D) to notify the Attorney General when the Secretary receives evidence of a possible criminal violation under paragraph (6). (3) Deposit of civil penalties An amount collected by the Secretary under this section shall be credited to the Federal Transit Administration’s formula and bus appropriations account to carry out subsection (e). (4) Enforcement by the attorney general At the request of the Secretary, the Attorney General shall bring a civil action— (A) for appropriate injunctive relief to ensure compliance with this section; (B) to collect a civil penalty imposed or an amount agreed upon in a compromise under paragraph (1) of this subsection; or (C) to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this section. (5) Jurisdiction An action under paragraph (3) of this subsection may be brought in a district court of the United States in any State in which the relief is required. On a proper showing, the court shall issue a temporary restraining order or preliminary or permanent injunction. An injunction under this section may order a public transportation agency receiving assistance under this chapter to comply with this section, or a regulation promulgated under this section. (6) Criminal penalty A person who knowingly violates this section or a public transportation safety regulation or order issued under this section shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation results in death or bodily injury to any person. For purposes of this paragraph— (A) a person acts knowingly when the person has actual knowledge of the facts giving rise to the violation; and (B) actual knowledge of the existence of a statutory provision, or a regulation or a requirement imposed by the Secretary is not an element of an offense under this paragraph. (7) Emergency authority (A) Ordering restrictions and prohibitions If, through testing, inspection, investigation, or research carried out under this section, the Secretary decides that an unsafe condition or practice, or a combination of unsafe conditions and practices, causes an emergency situation involving a hazard of death, personal injury, or significant harm to the environment, the Secretary immediately may order restrictions and prohibitions, without regard to section 553 and section 554 of title 5, United States Code, that may be necessary to abate the emergency situation. (B) Emergency condition or practice The order shall describe the condition or practice, or a combination of conditions and practices, that causes the emergency situation and promulgate standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this subsection to maintain the order in effect for as long as the emergency situation exists. (C) Review of orders After issuing an order under this subsection, the Secretary shall provide an opportunity for review of the order under section 554 of title 5, United States Code. If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists. (D) Civil actions to compel issuance of orders An employee of a rail fixed guideway public transportation system provider who may be exposed to imminent physical injury during that employment because of the Secretary’s failure, without any reasonable basis, to issue an order under paragraph (1) of this subsection, or the employee’s authorized representative, may bring a civil action against the Secretary in a district court of the United States to compel the Secretary to issue an order. The action shall be brought in the judicial district in which the emergency situation is alleged to exist, in which the employing provider has its principal executive office, or in the District of Columbia. The Secretary’s failure to issue an order under paragraph (1) of this subsection may be reviewed only under section 706 of title 5, United States Code. . (c) Disclosure of safety information Section 5329 is amended by inserting the following at the end: (l) Limitation on public disclosure of safety information (1) In general A report, data, investigation, or other information, or any portion thereof, submitted to, developed, produced, collected, or obtained by the Secretary or his representative for purposes of enhancing public transportation safety, including information related to a transit provider’s safety plan, safety risks, and mitigation measures, shall not be disclosed to the public pursuant to section 522(b)(3)(B) of title 5 if the Secretary or his representative determines— (A) the receipt of the information aids in fulfilling the Secretary’s safety responsibilities; and (B) withholding such information from disclosure is necessary to the safety or security of public transportation systems. (2) Exception for de-identified information (A) In general Paragraph (1) shall not apply to a report, data, investigation or other information if the information contained in the report, data, investigation or other information collected or obtained by the Secretary or his representative has been de-identified. (B) De-identified defined In this subsection, the term de-identified means the process by which all information that is likely to establish the identity of specific persons or entities submitting reports, data, investigation or other information is removed from the reports, data, or investigation, or other information. . 3009. Authorizations Section 5338 is amended to read as follows: (a) Transit formula grants (1) In general There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out Federal public transportation assistance program under sections 5305, 5307, 5310, 5311, 5318, 5322(d), 5334, 5335, 5337, 5339, and 5340 of this title, and section 20005(b) of the Federal Public Transportation Act of 2012, as amended, $13,914,400,000 in fiscal year 2015, $14,140,000,000 in fiscal year 2016, $14,372,000,000 in fiscal year 2017, and $14,610,000,000 in fiscal year 2018. (2) Allocation of funds Of the amounts made available under paragraph (1)— (A) $131,819,706 shall be available for fiscal year 2015, $135,103,394 for fiscal year 2016, $138,494,393 for fiscal year 2017, and $141,992,702 for fiscal year 2018, to provide financial assistance for planning under section 5305; (B) $10,234,449 shall be available for fiscal year 2015, $10,489,394 for fiscal year 2016, $10,752,670 for fiscal year 2017, and $11,024,278 for fiscal year 2018, to carry out the pilot program for transit—oriented development planning under section 20005(b) of Public Law 112–114 , as amended; (C) $4,563,182,694 shall be available for fiscal year 2015, $4,676,853,640 for fiscal year 2016, $4,794,239,323 for fiscal year 2017, and $4,915,339,743 for fiscal year 2018, to provide financial assistance under the section 5307 urbanized area formula grant program pursuant to section 5336; (D) $264,355,823 shall be available for fiscal year 2015, $270,941,046 for fiscal year 2016, $277,741,473 for fiscal year 2017, and $284,757,103 for fiscal year 2018, to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310; (E) $622,049,823 shall be available for fiscal year 2015, $637,545,365 for fiscal year 2016, $653,547,298 for fiscal year 2017, and $670,055,621 for fiscal year 2018, to provide financial assistance for rural areas under section 5311; (F) $3,070,335 shall be available for fiscal year 2015, $3,146,818 for fiscal year 2016, $3,225,801 for fiscal year 2017, and $3,307,283 for fiscal year 2018, to provide financial assistance for bus testing under section 5318; (G) $5,117,225 shall be available for fiscal year 2015, $5,244,697 for fiscal year 2016, $5,376,335 for fiscal year 2017, and $5,512,139 for fiscal year 2018, to provide financial assistance to the national transit institute under section 5322(d); (H) $114,400,000 shall be available for fiscal year 2015, $120,000,000 for fiscal year 2016, $126,000,000 for fiscal year 2017, and $132,000,000 for fiscal year 2018, for administrative expenses to carry out Federal transit assistance programs under this chapter; (I) $3,940,263 shall be available for fiscal year 2015, $4,038,417 for fiscal year 2016, $4,139,778 for fiscal year 2017, and $4,244,347 for fiscal year 2018, to carry out National Transit Database activities under section 5335; (J) $5,719,000,000 shall be available for fiscal year 2015, $5,775,000,000 for fiscal year 2016, $5,832,000,000 for fiscal year 2017, and $5,890,000,000 for fiscal year 2018, to provide financial assistance for state of good repair activities under section 5337; (K) $1,939,000,000 shall be available for fiscal year 2015, $1,950,000,000 for fiscal year 2016, $1,961,000,000 for fiscal year 2017, and $1,972,000,000 for fiscal year 2018, to provide financial assistance the bus and bus facilities program under section 5339; and (L) $538,229,684 shall be available for fiscal year 2015, $551,637,229 for fiscal year 2016, $565,482,929 for fiscal year 2017, and $579,766,784 for fiscal year 2018, and shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311. (b) Capital investment grants There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out section 5309, $2,500,000,000 in fiscal year 2015, $2,625,000,000 in fiscal year 2016, $2,756,000,000 in fiscal year 2017, and $2,894,000,000 in fiscal year 2018. (c) Transit research and training (1) In general There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out Federal public transportation research and training programs under sections 5312, 5313, 5314, and 5322(a), (b), (c) and (e), $60,000,000 for fiscal year 2015, $61,000,000 for fiscal year 2016, $63,000,000 for fiscal year 2017, and $67,000,000 for fiscal year 2018. (2) Allocation of funds Of the amounts made available under paragraph (1)— (A) $26,000,000 shall be available for fiscal year 2015, $27,000,000 for fiscal year 2016, $29,000,000 for fiscal year 2017, and $31,000,000 for fiscal year 2018, to carry out research under section 5312; (B) $7,000,000 shall be available in each fiscal year 2015 through 2018 to carry out transit cooperative research under section 5313; (C) $7,000,000 shall be available for each fiscal year 2015 through 2017, and $9,000,000 for fiscal year 2018, to carry out technical assistance and standards development under section 5314; and (D) $20,000,000 shall be available for each fiscal year 2015 through 2018 to carry out human resources and training under section 5322 (a), (b), (c) and (e). (d) Emergency relief There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out section 5324 of this title, $25,000,000 for each fiscal year 2015 through 2018. (e) Rapid growth area transit program There shall be available from the Mass Transit Account of the Transportation Trust Fund to carry out section 5341 of this title, $500,000,000 for fiscal year 2015, $525,000,000 for fiscal year 2016, $550,000,000 for fiscal year 2017, and $600,000,000 for fiscal year 2018. (f) Oversight (1) In general Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2): (A) 0.5 percent of amounts made available to carry out section 5305. (B) 0.75 percent of amounts made available to carry out section 5307. (C) 1.5 percent of amounts made available to carry out section 5309. (D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ; 126 Stat. 4968). (E) 0.5 percent of amounts made available to carry out section 5310. (F) 0.5 percent of amounts made available to carry out section 5311. (G) 0.75 percent of amounts made available to carry out section 5337. (H) 0.75 percent of amounts made available to carry out section 5339. (2) Activities The activities described in this paragraph are as follows: (A) Activities to oversee the construction of a major capital project. (B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter. (C) Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section. (3) Government share of costs The Government shall pay the entire cost of carrying out a contract under this subsection. (4) Availability of certain funds Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement. (g) Grants as contractual obligations A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project. (h) Availability of amounts Amounts made available by or appropriated under this section shall remain available until expended. . 3010. Bus and bus facilities program (a) In general Section 5339 is amended as follows: (1) The section heading is amended by striking Formula . (2) Subsection (c) is amended— (A) by revising paragraph (1) to read as follows: (1) Recipients Eligible recipients under this section are States and local governmental entities that operate fixed route bus service or designated recipients that allocate funding to fixed route bus operators. ; and (B) in paragraph (2), by striking designated . (3) Subsection (d) is amended— (A) by striking the matter preceding paragraph (1) and inserting: (d) Distribution of grants funds Funds made available under section 5338 to carry out this section shall be allocated as follows: ; (B) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (C) by inserting a new paragraph (1) to read as follows: (1) Competitive allocation Thirty percent shall be distributed on a competitive basis by the Secretary. . (4) Subsection (e) is amended— (A) in paragraph (1) by striking subsection (d)(1) and inserting subsection (d)(2) ; and (B) in paragraph (2) by striking subsection (d)(2) and inserting subsection (d)(3) . (5) Subsection (g) is amended— (A) by inserting at the end of the first sentence under subsections (d)(2) and (d)(3) or three years after the fiscal year in which the project competitively selected under subsection (d)(1) is announced ; and (B) by revising the second sentence to read as follows: Not later than 30 days after the end of the 3-year period described in the preceding sentence— (1) any amount allocated under subsection (d)(1) that is not obligated on the last day of that period shall be added to the amount that may be available under such subsection in the next fiscal year; and (2) any amount apportioned under subsection (d)(2) and (d)(3) that is not obligated on the last day of that period shall be added to the amount that may be apportioned under such subsections in the next fiscal year. . (b) Chapter analysis The analysis for chapter 53 is amended by striking the item relating to section 5339 and inserting the following: 5339. Bus and Bus Facilities Program. . 3011. Rapid growth area transit program (a) In general Chapter 53 of title 49, United States Code, is amended by inserting at the end the following: 5341. Rapid Growth Area Transit Program (a) In general The Secretary may make grants on a competitive basis to State and local governmental entities for bus rapid transit projects, which may include acquisition of right-of-way or land for purposes of future enhancements to public transportation in the project corridor. Such projects shall serve a high-traffic transportation artery located in an urbanized or rural area that— (1) has experienced moderate to significant population growth between the 2000 and 2010 decennial census of population; and (2) has a transit system in revenue service that— (A) has experienced a moderate to significant increase in ridership; and (B) has the financial capacity to pay operating expenses for the existing system and an expanded system. (b) Government’s share of costs (1) Federal transit assistance A grant for a bus rapid transit project financed from amounts made available to carry out this section shall be for up to 50 percent of the net capital costs of the project. (2) Federal-aid highway assistance Up to 30 percent of the net project costs may be derived from the Surface Transportation Program and the Congestion Mitigation and Air Quality Improvement Program. (3) Remainder of net capital project cost The remainder of the net capital project cost shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. . (b) Chapter analysis The analysis for chapter 53 is amended by inserting at the end the following: 5341. Rapid Growth Area Transit Program. . 3012. Technical corrections (a) Statewide and nonmetropolitan transportation planning Section 5304 is amended— (1) in subsection (d)(2)(B)(ii)— (A) by striking urbanized ; and (B) by striking with a population of fewer than 200,000, as calculated according to the most recent decennial census, and ; and (2) in subsection (d)(2)(C)— (A) by striking title 23 and by inserting this Chapter ; (B) by striking urbanized ; and (C) by striking with a population of fewer than 200,000, as calculated according to the most recent decennial census, and . (b) Urbanized area formula grant program Section 5307 is amended in subsections (a)(2)(A) and (B), by inserting before during each place it appears the following: or general demand response service . (c) Fixed guideway capital investment grants Section 5309 is amended— (1) in subsections (d)(1)(B) and (g)(2)(A)(i), by striking policies and land use patterns that promote public transportation, in each place it appears; (2) in subsection 5309(d)(2)(A)— (A) in clause (iii) by inserting and after the semicolon preceding the matter in subparagraph (iv); (B) by striking clause (iv); and (C) by redesignating clause (v) as clause (iv). (d) Research, development, demonstration, and deployment projects Section 5312 is amended— (1) in subsection (d)(5)(A)— (A) in clause (i)(II), by striking section 5303 and inserting 23 U.S.C. 101(a)(14) ; and (B) by striking clause (vi), and inserting the following: (vi) Recipient The term recipient means a designated recipient, a local governmental entity, or a State that receives a Federal low or no emissions vehicle grant for an urbanized area eligible under clause (i) of this paragraph directly from the Government. ; (2) in subsection (d)(5)(C)(ii), by striking 5323(j) and inserting 5323(i) ; and (3) in subsection (d)(5)(D), by revising the matter preceding clause (i) to read as follows: (D) Allocations Of the amounts made available to carry out this section in each fiscal year, a sum, in an amount to be determined by the Secretary, shall be available to carry out this paragraph, of which— . (e) Bicycle facilities Section 5319 is amended— (1) in the first sentence, after 5307 by striking , 5309, ; (2) by striking Notwithstanding sections 5307(d), 5309(l), and 5311(g), a and inserting A ; and (3) by striking 5307(d)(1)(K) and inserting 5307(c)(1)(K) . (f) Human resources and training Section 5322(d)(4) is amended by striking subsection and inserting section. . (g) Apportionments of Appropriations for formula grants Section 5336(a) is amended by striking (h)(4) and inserting (h)(5) . (h) State of good repair program Section 5337 is amended— (1) in subsection (c)(2)(B) by striking 5336(b)(1) and inserting 5336(b)(2) ; (2) in subsection (d)(1) by striking a facility with access for other high-occupancy vehicles and inserting high occupancy vehicle lanes during peak hours ; (3) in subsection (d)(2) by inserting vehicle after motorbus ; and (4) by inserting the following at the end: (e) Government share of costs (1) Capital projects A grant for a capital project under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts. (2) Remaining costs The remainder of the net project costs shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. . (i) Oversight Section 5338(i)(1) is amended— (1) in subparagraph (G), by striking section 5337(c) and inserting section 5337 ; and (2) by adding the following at the end: (H) 0.75 percent of the amounts made available to carry out section 5339. . (j) Bus and bus facilities formula program Section 5339 is amended— (1) in subsection (a)— (A) by inserting before financing the following: only for the purposes of ; and (B) by striking rehabilitate and inserting rebuild ; and (2) by revising subsection (c) to read as follows: (c) Eligible recipients and subrecipients (1) Recipients Eligible recipients under this section are designated recipients that allocate funds to fixed route bus operators or State or local governmental entities that operate fixed route bus service. (2) Subrecipients A recipient that receives a grant under this section may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation. . (k) Growing states and high density states Section 5340(b) is amended by striking 5338(b)(2)(M) and inserting 5338(a)(2)(K) . (l) Technical corrections to surface transportation board jurisdiction Section 10501(c) is amended— (1) in clause (1)(A)(i), by striking 5302(a) and inserting 5302 ; (2) in subparagraph (1)(B), by striking mass transportation and inserting public transportation and by striking 5302(a) and inserting 5302 ; and (3) in subparagraph (2)(A), by striking mass transportation and inserting public transportation . 3013. Technical corrections of title II, division B, of MAP–21 Section 20013(d) of Public Law 112–141 is amended by striking 5307(c) and inserting 5307(b) . 3014. Elimination of FTA annual research reporting requirement Section 5312 is amended— (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). IV Highway and Motor Vehicle Safety A Traffic Safety 4001. Authorization of appropriations (a) In general The following sums are authorized to be appropriated out of the Highway Account of the Transportation Trust Fund: (1) Highway safety programs For carrying out section 402 of title 23, United States Code— (A) $241,146,351 for fiscal year 2015; (B) $253,203,669 for fiscal year 2016; (C) $265,863,852 for fiscal year 2017; and (D) $279,157,045 for fiscal year 2018. (2) Highway safety research and development For carrying out section 403 of title 23, United States Code— (A) $117,000,000 for fiscal year 2015; (B) $122,850,000 for fiscal year 2016; (C) $128,992,500 for fiscal year 2017; and (D) $135,442,125 for fiscal year 2018. (3) National priority safety programs For carrying out section 405 of title 23, United States Code— (A) $278,705,019 for fiscal year 2015; (B) $292,640,270 for fiscal year 2016; (C) $307,272,283 for fiscal year 2017; and (D) $322,635,898 for fiscal year 2018. (4) National driver register For carrying out section 303 of title 49, United States Code— (A) $5,000,000 for fiscal year 2015; (B) $5,250,000 for fiscal year 2016; (C) $5,512,500 for fiscal year 2017; and (D) $5,788,125 for fiscal year 2018. (5) High visibility enforcement program For carrying out section 2009 of SAFETEA–LU ( 23 U.S.C. 402 note)— (A) $29,000,000 for fiscal year 2015; (B) $30,450,000 for fiscal year 2016; (C) $31,972,500 for fiscal year 2017; and (D) $33,571,125 for fiscal year 2018. (6) Administrative expenses For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this subtitle— (A) $28,148,630 for fiscal year 2015; (B) $29,556,062 for fiscal year 2016; (C) $31,033,865 for fiscal year 2017; and (D) $32,585,558 for fiscal year 2018. (b) Prohibition on other uses Except as otherwise provided in chapter 4 of title 23, United States Code, in this subtitle and in the amendments made by this subtitle, the amounts made available from the Highway Account of the Transportation Trust Fund for a program under such chapter— (1) shall only be used to carry out such program; and (2) may not be used by States or local governments for construction purposes. (c) Applicability of title 23 Except as otherwise provided in chapter 4 of title 23, United States Code, and in this subtitle, amounts made available under subsection (a) for fiscal years 2015 through 2018 shall be available for obligation in the same manner as if such funds were apportioned or allocated under chapter 1 of title 23, United States Code. (d) Regulatory authority Grants awarded under this subtitle shall be in accordance with regulations issued by the Secretary. (e) State matching requirements If a grant awarded under this subtitle requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during any fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any project under this subtitle (other than planning or administration) without regard to whether such expenditures were actually made in connection with such project. (f) Grant Application and deadline To receive a grant under this subtitle, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year. 4002. Highway safety programs (a) Section 402( a ) amendments Section 402(a)(2)(A) of title 23, United States Code, is amended by— (1) striking and at the end of clause (vi); (2) redesignating clause (vii) as clause (ix); and (3) inserting after clause (vi) the following: (vii) to reduce injuries and deaths to older drivers; (viii) to improve emergency medical services response to crash sites; and . (b) Section 402( b ) amendments Section 402(b)(1)(F) of title 23, United States Code, is amended— (1) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (2) by inserting after clause (ii) the following: (iii) countermeasures designed to decrease deaths and injuries to pedestrians and bicyclists traveling in the roadways; . (c) Section 402( c ) amendments Section 402(c) of title 23, United States Code, is amended— (1) in paragraph (2) by striking Funds apportioned under this section to any State, and all that follows; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (3) by inserting after paragraph (2) the following: (3) Reduction in Apportionment (A) Nonapproved programs Funds apportioned under this section to any State, that does not have a highway safety program approved by the Secretary or that is not implementing an approved program, shall be reduced by amounts equal to not less than 20 percent of the amounts that would otherwise be apportioned to the State under this section, until such time as the Secretary approves such program or determines that the State is implementing an approved program, as appropriate. The Secretary shall consider the gravity of the State’s failure to have or implement an approved program in determining the amount of the reduction. (B) High risk In consultation with the State, the Secretary shall take appropriate steps to address any deficiencies if a State is determined to be high-risk under regulations or procedures of the Secretary, taking into consideration responsibility, financial stability, and management and staffing capabilities. In the fiscal year in which a State has been determined high-risk , the Secretary shall redirect funds sufficient to address the deficiency. If the State fails to take adequate steps to address the deficiency within 12 months after a high-risk designation, in the next fiscal year the Secretary shall reduce funds under this section by not less than 20 percent of the amounts that would otherwise be apportioned to the State under this section. The Secretary shall consider the gravity of the State’s failure to address the deficiency in determining the amount of the reduction. The Secretary shall increase the amount of the reduction in each subsequent fiscal year in which the State fails to take adequate steps to address the deficiency. ; and (4) in paragraph (4), as redesignated— (A) by striking or after highway safety program and inserting a comma; and (B) by inserting or determines that the State has taken adequate steps to address a deficiency after approved program . (d) Section 402( g ) amendment Section 402 of title 23, United States Code, is amended by striking subsection (g) and inserting after subsection (f) the following: (g) Restriction Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines). . 4003. Amendment to section 405 national priority safety programs transfer authority Section 405(a)(1)(G) of title 23, United States Code, is amended by adding after the last sentence the following: If the Secretary reallocates any amounts to increase the amount made available under section 402, the State shall use not less than 30 percent for the purposes of pedestrian and bicycle safety if the State’s combined pedestrian and bicycle fatalities exceed 5 percent of the State’s total crash fatalities, based on the most recently reported final data from the Fatality Analysis Reporting System. . 4004. Amendment to motorcyclist safety grant criteria Section 405(f) of title 23, United States Code, is amended by inserting the following after paragraph (5): (6) Support activity The Secretary or the Secretary’s designee may engage in activities with States and State legislators to consider proposals related to motorcycle helmet use laws. . 4005. Amendment to graduated driver licensing incentive grant criteria Section 405 of title 23, United States Code, is amended by striking subsection (g) and inserting the following: (g) State graduated driver licensing incentive grant (1) Grants authorized The Secretary shall award grants to States that adopt and implement graduated driver licensing laws that require novice drivers younger than 18 years of age to comply with the 2-stage licensing process described in paragraph (2) before receiving an unrestricted driver’s license. (2) Minimum requirements A State’s driver’s license laws shall include— (A) a learner’s permit stage that— (i) is at least 6 months in duration, but must remain in effect until the driver reaches 16 years of age; (ii) requires that the driver be accompanied and supervised at all times while such driver is operating a motor vehicle by a licensed driver who is at least 21 years of age, is the driver’s parent or guardian, or is a State-certified driving instructor; and (iii) has at least two of the following criteria: (I) a prohibition on the driver using a personal wireless communications device, as defined in subsection (e)(9)(B), while driving except under an exception permitted in subsection (e)(4), and violation of which is a primary offense; (II) a requirement that the driver obtain at least 40 hours of behind-the-wheel training with a licensed driver who is at least 21 years of age, is the driver’s parent or guardian, or is a State-certified driving instructor; (III) a requirement that the driver attend a driver training course; or (IV) a requirement that the driver not be convicted, for a period of six consecutive months immediately prior to entering the intermediate stage or receiving an unrestricted driver’s license, of any offense under State or local law relating to the use or operation of a motor vehicle; (B) an intermediate stage that— (i) is at least 6 months in duration; (ii) restricts driving at night; (iii) for a period of not less than six months, prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age, is the driver’s parent or guardian, or is a State-certified driving instructor is in the motor vehicle; and (iv) has at least one of the following criteria: (I) a requirement that the intermediate stage remain in effect until the driver reaches 18 years of age; (II) a prohibition on the driver using a personal wireless communications device, as defined in subsection (e)(9)(B), while driving except under an exception permitted in subsection (e)(4), and violation of which is a primary offense; or (III) a requirement that the driver not be convicted, for a period of six consecutive months immediately prior to receiving an unrestricted driver’s license, of any offense under State or local law relating to the use or operation of a motor vehicle; and (C) any other requirement prescribed by the Secretary. (3) Exception A State that otherwise meets the minimum requirements set forth in paragraph (2) shall be deemed by the Secretary to be in compliance with the requirement set forth in paragraph (2) if the State enacted a law before January 1, 2011, establishing a class of license that permits licensees or applicants younger than 18 years of age to drive a motor vehicle— (A) in connection with work performed on, or for the operation of, a farm owned by family members who are directly related to the applicant or licensee; or (B) if demonstrable hardship would result from the denial of a license to the licensees or applicants. (4) Grants to states that implement national driver education standards and enhanced intermediate stage restrictions (A) In general The Secretary shall make a separate grant under this paragraph, in accordance with subparagraphs (B) and (C), to each State that implements national driver education and training standards prescribed by the National Highway Traffic Safety Administration and enhanced intermediate stage restrictions. (B) First year A State is eligible for the grant described in this paragraph if the State— (i) has not received a grant under this paragraph in a prior fiscal year; (ii) receives a grant in the same fiscal year pursuant to paragraph (1); (iii) has satisfied the criterion described in paragraph (2)(A)(iii)(III) for the same fiscal year; and (iv) submits a plan, approved by the Secretary, to implement national driver education and training standards prescribed by the National Highway Traffic Safety Administration. (C) Successive years A State is eligible for the grant described in this paragraph if the State— (i) has received a grant under this paragraph in a prior fiscal year; (ii) receives a grant in the same fiscal year pursuant to paragraph (1); (iii) has satisfied the criterion described in paragraph (2)(A)(iii)(III) for the same fiscal year; (iv) demonstrates, to the satisfaction of the Secretary, that it is implementing the plan described in subparagraph (B)(iv); (v) imposes the restrictions described in paragraph (2)(B)(ii) beginning no later than 10:00 pm; and (vi) imposes the restrictions described in paragraph (2)(B)(iii) for the entire intermediate stage. (D) Funding Not more than 33 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under this paragraph. (5) Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009. (6) Use of grant amounts Of the grant funds received by a State under this subsection— (A) at least 25 percent shall be used for— (i) enforcing a 2-stage licensing process that complies with paragraph (2); (ii) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in clause (i); (iii) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; (iv) carrying out other administrative activities that the Secretary considers relevant to the State’s 2-stage licensing process; or (v) carrying out a teen traffic safety program described in section 402(m); and (B) up to 75 percent may be used for any eligible project or activity under section 402. . 4006. Amendment to ignition interlock grant criteria Section 405(d)(6) of title 23, United States Code, is amended by striking subparagraph (A) and inserting the following: (A) In general The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive— (i) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock installed; or (ii) a requirement to participate in a 24–7 sobriety program, if— (I) a State-certified ignition interlock provider is not available within 100 miles of the individual’s residence; or (II) the individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual. . 4007. Amendment to repeat offender and open container criteria (a) Definitions Section 164(a) of title 23, United States Code, is amended— (1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; (2) by inserting before paragraph (2), as redesignated, the following: (1) 24–7 sobriety program The term 24–7 sobriety program means a State law or program that authorizes a State court or a State agency to— (A) require an individual who plead guilty or was convicted of driving under the influence of alcohol to totally abstain from alcohol for a period of time; and (B) require the individual to be subject to testing for alcohol— (i) at least twice per day; or (ii) by continuous transdermal alcohol monitoring via an electronic monitoring device. ; (3) in paragraph (5), as redesignated, by striking subparagraph (A) and inserting the following: (A) receive, for a period of not less than 1 year, one or more of the following penalties— (i) a suspension of all driving privileges; (ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed; (iii) a requirement to participate in a 24–7 sobriety program, if— (I) a State-certified ignition interlock provider is not available within 100 miles of the individual’s residence; or (II) the individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual; or (iv) any other restriction established by regulations promulgated by the Secretary; ; (4) in paragraph (5), as redesignated, by striking subparagraph (B); and (5) in paragraph (5), as redesignated, by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (b) Transfer of funds Section 164(b) of title 23, United States Code, is amended— (1) in paragraph (2)(A), by striking among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph (3). and inserting among the uses authorized under subparagraphs (A) and (B) of paragraph (1), paragraph (3), and, beginning in fiscal year 2015, subparagraph (C). ; and (2) by inserting the following after paragraph (2)(B): (C) Additional uses of funds Beginning in fiscal year 2015, of the funds transferred under subparagraph (B)(i)— (i) not less than 5 percent shall be expended for pedestrian and bicycle safety activities if the State’s combined pedestrian and bicycle fatalities exceed 5 percent of the State’s total crash fatalities, based on the most recently reported final data from the Fatality Analysis Reporting System; and (ii) not more than 60 percent may be directed to State and local law enforcement agencies for enforcement of laws that can lead to the detection of impaired drivers, including the purchase of equipment, the training of officers, and the use of additional personnel dedicated to enforcement. . (c) Transfer of funds Section 154(c) of title 23, United States Code, is amended— (1) in paragraph (2)(A), by striking use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3). and inserting use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), paragraph (3), and, beginning in fiscal year 2015, subparagraph (C). ; and (2) by inserting the following after paragraph (2)(B): (C) Additional uses of funds Beginning in fiscal year 2015, of the funds transferred under subparagraph (B)(i)— (i) not less than 5 percent shall be expended for pedestrian and bicycle safety activities if the State’s combined pedestrian and bicycle fatalities exceed 5 percent of the State’s total crash fatalities, based on the most recently reported final data from the Fatality Analysis Reporting System; and (ii) not more than 60 percent may be directed to State and local law enforcement agencies for enforcement of laws that can lead to the detection of impaired drivers, including the purchase of equipment, the training of officers, and the use of additional personnel dedicated to enforcement. . 4008. Amendment to distracted driving grant criteria Section 405(e) of title 23, United States Code, is amended— (1) in paragraph (3)— (A) by inserting and at the end of subparagraph (B); and (B) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); (2) in paragraph (4)(C), by striking section 31152 and inserting section 31136 ; (3) in paragraph (5), by striking Of and inserting Except as provided in paragraph (6)(B), of ; (4) by striking paragraph (6) and inserting after paragraph (5) the following: (6) Distracted driving enforcement grants (A) In general The Secretary may use up to 50 percent of the amounts available for grants under this subsection to award grants to a State that— (i) in fiscal year 2015— (I) has a basic text messaging statute, as determined by the Secretary, that is applicable to drivers of all ages; (II) makes violation of the statute a primary offense; (III) participates in the annual distracted driving law enforcement mobilization coordinated by the Secretary; and (IV) is otherwise ineligible for a grant under this subsection; (ii) in fiscal year 2016— (I) meets the requirements of subparagraph (A)(i); and (II) has a statute that establishes a minimum fine for a first violation and increased fines for repeat violations of the statute; and (iii) in fiscal year 2017— (I) meets the requirements of subparagraphs (A)(i) and (A)(ii); and (II) has a statute that prohibits a driver who is younger than 18 years of age from using a personal wireless communications device while driving. (B) Use of grant funds; enforcement grants (i) Subject to subparagraphs (B)(ii) and (B)(iii), amounts received by a State under subparagraph (A) may be used for activities related to the enforcement of distracted driving laws as follows: (ii) In fiscal year 2016, up to 15 percent for any eligible project or activity under section 402. (iii) In fiscal year 2017, up to 25 percent for any eligible project or activity under section 402. ; and (5) by striking paragraph (8), redesignating paragraph (7) as paragraph (8), and inserting after paragraph (6), as amended by this Act, the following: (7) Grant amount The allocation of grant funds to a State under this subsection shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009. . 4009. Streamlining of national priority safety programs Section 405(a)(1) of title 23, United States Code, is amended by striking subparagraph (H). 4010. Amendment to highway research and development Section 403 of title 23, United States Code, is amended by inserting at the end the following: (i) Federal share The Federal share of the cost of any project or activity carried out under this section may be up to 100 percent if so specified in the project agreement. . B Motor Vehicle Safety 4101. Authorization of appropriations (a) In general The following sums are authorized to be appropriated out of the Highway Account of the Transportation Trust Fund to carry out chapter 301 of title 49, United States Code, and part C of subtitle VI of title 49, United States Code: (1) $152,000,000 for fiscal year 2015; (2) $159,600,000 for fiscal year 2016; (3) $167,580,000 for fiscal year 2017; and (4) $175,959,000 for fiscal year 2018. (b) Contract authority The amounts made available under subsection (a) shall be available for obligation in the same manner as if such funds were apportioned or allocated under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project or activity carried out under chapter 301 of title 49, United States Code, or part C of subtitle VI of title 49, United States Code, shall be 100 percent or as otherwise provided in the project agreement. 4102. Recall obligations under bankruptcy Section 30120A of title 49, United States Code is amended by striking chapter 11 of title 11, and inserting chapter 7 or chapter 11 of title 11 . 4103. Prohibition on rendering safety elements inoperative Section 30122 of title 49, United States Code, is amended by revising subsection (b) to read as follows: (b) Prohibition (1) Except as provided in paragraph (2) of this subsection, a person may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard prescribed under this chapter unless the person reasonably believes the vehicle or equipment will not be used (except for testing or a similar purpose during maintenance or repair) when the device or element is inoperative. (2) The prohibition in paragraph (1) does not apply to modifications made by an individual to a motor vehicle or item of equipment owned or leased by that individual. . 4104. Cooperation with foreign governments (a) Title 49 amendment Section 30182(b) of title 49, United States Code, is amended by inserting after paragraph (5) the following: (6) enter into cooperative agreements (in coordination with the Department of State) and collaborative research and development agreements with foreign governments. . (b) Title 23 amendment Section 403 of title 23, United States Code, is amended— (1) in subsection (b)(2)(C), by inserting foreign government (in coordination with the Department of State) after institution, ; and (2) in subsection (c)(1)(A), by inserting foreign governments, after local governments, . 4105. Functional safety process (a) Standards Section 30111 of title 49, United States Code, is amended— (1) by revising the heading of the section to read as follows: 30111. Standards and functional safety process ; and (2) by inserting the following after subsection (e): (f) Functional safety process The Secretary shall prescribe requirements or guidelines for the design, functional safety process, verification and validation, and development of safety-related electronics or software used in motor vehicles and motor vehicle equipment to ensure that they are likely to function as intended and contain fail safe features. The requirements shall be in the form of regulations or guidelines. In prescribing regulations or guidelines under this subsection, the Secretary shall consider existing relevant safety information and motor vehicle safety standards. . (b) _____ Section 30165(1) of title 49, United States Code, is amended by inserting 30111(f), after section . (c) rming amendment The analysis for chapter 301 is amended by striking the item relating to section 30111 and inserting the following: 30111. Standards and functional safety process. . 4106. Notification of defect or noncompliance and imminent hazard authority (a) In general Section 30118 of title 49, United States Code, is amended— (1) in subsection (c), by inserting or electronic mail after certified mail ; and (2) by inserting after subsection (e) the following: (f) Imminent hazard (1) If the Secretary makes an initial decision that a defect or noncompliance presents an immediate likelihood of death or serious injury to the public, the Secretary may determine that an imminent hazard exists. In such case, the Secretary shall— (A) immediately notify the manufacturer; (B) make the initial decision available for public inspection; and (C) provide the opportunity for the manufacturer to present, not later than 10 calendar days after the initial decision under this subsection, information, views, and arguments. (2) As soon as practicable after following the procedures under paragraph (1), the Secretary shall make a final decision and shall, as appropriate, require the manufacturer to take corrective action. . (b) Procedures Not later than 2 years after the date of enactment of this Act, the Secretary shall issue procedures to implement section 30118(f) of title 49, United States Code, consistent with the provisions of chapter 301 of title 49 and the Administrative Procedure Act. 4107. Amendment to judicial review provisions (a) In general Section 30161 of title 49, United States Code, is amended— (1) by revising the heading of the section to read as follows: 30161. Judicial review of orders and standards ; and (2) by striking the first sentence of subsection (a), and inserting the following: Except for an order to issue provisional notification under section 30121 of this title, which may not be reviewed, a person adversely affected by an order issued under this chapter, a rule prescribing a motor vehicle safety standard under this chapter, or any other final agency action taken under this chapter may apply for review of the order, rule, or action by filing a petition for review in the Court of Appeals of the United States for the circuit in which the person resides or has its principal place of business or the District of Columbia Circuit . (b) Recalls enforcement Section 30163 of title 49, United States Code, is amended by adding the following at the end: (f) Actions To enforce recall orders In an action brought under subsection (a) of this section concerning an order issued under section 30118(b) of this title, the Attorney General need only prove that the Secretary provided appropriate notification to the manufacturer under section 30118 and need not establish the substantive validity of the order, which may only be challenged by the manufacturer through the timely filing of a petition under section 30161 of this title. If an action is brought under subsection (a) of this section prior to the expiration of the time available for the filing of a petition under section 30161, the manufacturer may seek a stay of the district court action until the resolution of any petition for review under section 30161. (g) Actions To collect a civil penalty The Attorney General may bring a civil action in a United States District Court to collect a civil penalty or to collect an amount agreed upon in compromise by the Secretary under section 30165 of this title. . (c) Conforming amendment The analysis for chapter 301 is amended by striking the item relating to section 30161 and inserting the following: 30161. Judicial review of orders and standards . 4108. Inspection authority under automobile fuel economy statute Section 32910 of title 49, United States Code, is amended— (1) in subsection (a)(1)(A), striking inspect and copy records of any person at reasonable times , and inserting conduct an inspection or investigation that may be necessary to enforce this chapter or a regulation prescribed or order issued under this chapter ; and (2) by redesignating subsections (b), (c) and (d) as (c), (d) and (e), respectively, and inserting after subsection (a) the following: (b) Matters that can be inspected and impoundment In carrying out this chapter, an officer or employee designated by the Secretary of Transportation— (1) at reasonable times, may inspect and copy any record related to this chapter; (2) on request, may inspect records of a manufacturer, distributor, or dealer to decide whether the manufacturer, distributor, or dealer has complied or is complying with this chapter or a regulation prescribed or order issued under this chapter; and (3) at reasonable times, in a reasonable way, and on display of proper credentials and written notice to an owner, operator, or agent in charge, may— (A) enter and inspect with reasonable promptness premises in which a motor vehicle or motor vehicle equipment is manufactured, held for introduction in interstate commerce, or held for sale after introduction in interstate commerce; (B) inspect with reasonable promptness that vehicle or equipment; and (C) impound for not more than 72 hours that vehicle or equipment. . 4109. Recall authority over rental car companies and used car dealers (a) Sale, lease or rental restrictions Section 30120(i) of title 49, United States Code, is amended to read as follows: (i) Limitation on sale, lease or rental of vehicles or equipment (1) After receipt of a notification of a defect or noncompliance about a motor vehicle or new item of replacement equipment under section 30119 of this title, a dealer may sell or lease that motor vehicle or new item of replacement equipment, and a rental company may rent that vehicle, only if— (A) the defect or noncompliance is remedied as required by this section before delivery under the sale, lease or rental agreement; or (B) when the notification is required by an order under section 30118(b) of this title, enforcement of the order is restrained or the order is set aside in a civil action to which section 30121(d) of this title applies. (2) This subsection does not prohibit a dealer from offering for sale or lease the vehicle or equipment. (3) As used in this subsection, the term rental company means a person who is engaged in the business of renting a motor vehicle that has a gross vehicle weight rating of 10,000 pounds or less, is rented without a driver for an initial term of less than 4 months and is part of a motor vehicle fleet of 5 or more motor vehicles that are used for rental purposes. . (b) Sale or lease of used motor vehicles Section 30120 of title 49, United States Code, is amended by adding at the end the following: (k) Limitation on sale or lease of used motor vehicles (1) A person who sold at least 10 motor vehicles during the prior 12 months to purchasers that in good faith purchase the vehicles other than for resale, may not sell or lease a used motor vehicle until any defect or noncompliance determined under section 30118 of this title with respect to the vehicle has been remedied. (2) Paragraph (1) shall not apply if— (A) notification of the defect or noncompliance with respect to the vehicle is required under section 30118(b) but enforcement of the order is set aside in a civil action to which section 30121(b) applies; or (B) if at the time of sale or lease— (i) the recall information regarding a used motor vehicle was not available using the means established by the Secretary under section 31301 of Public Law 112–141 ; and (ii) notification under section 30119 was not received by the seller or lessor. (3) As used in this subsection, the term used motor vehicle means a motor vehicle that has been purchased previously other than for resale. . 4110. Civil penalties Section 30165(a) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) by inserting or causes the violation of after violates in the first sentence; (B) by striking $5,000 and inserting $25,000 ; (C) by striking $35,000,000 and inserting $300,000,000 ; and (D) by inserting at the end of the paragraph the following: An individual is liable under this section only for willfully causing or committing a violation. An individual who has been instructed to commit a violation by a person of greater authority in the entity in which the individual is employed has not acted willfully ; (2) in paragraph (2)— (A) by striking $10,000 in subparagraph (A) and inserting $100,000 ; and (B) by striking $15,000,000 in subparagraph (B) and inserting $300,000,000 ; and (3) in paragraph (3)— (A) by striking $5,000 and inserting $25,000 ; and (B) by striking $35,000,000 and inserting $300,000,000 . 4111. Technical corrections to the Motor Vehicle and Highway Safety Improvement Act of 2012 (a) Highway safety programs Section 402 of title 23, United States Code is amended— (1) in subsection (b)(1)(C), by striking except as provided in paragraph (3), ; (2) in subsection (b)(1)(E)— (A) by striking in which a State and inserting for which a State ; and (B) by striking subsection (f) and inserting subsection (k) ; and (3) in subsection (k)(4), by striking paragraph (2)(A) and inserting paragraph (3)(A) . (b) Highway safety research and development Section 403(e) of title 23, United States Code is amended by inserting of title 49, United States Code after chapter 301 . (c) National priority safety programs Section 405 of title 23, United States Code is amended— (1) in subsection (d)(5), by striking section 402(c) and inserting section 402 ; (2) by striking subsection (f)(2), and inserting the following: (2) Grant amount The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009, provided that the amount of a grant awarded to a State for a fiscal year may not exceed 25 percent of the amount apportioned to the State under section 402 for fiscal year 2009. ; and (3) in subsection (f)(4)(A)(iv), by striking under subsection (g) . (d) Open container requirements Section 154 of title 23, United States Code is amended— (1) in subsection (c)(3)(A), by striking transferred and inserting reserved ; and (2) in subsection (c)(5), by inserting or released after transferred . (e) Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence Section 164 of title 23, United States Code is amended— (1) in subsection (b)(3)(A), by striking transferred and inserting reserved ; and (2) in subsection (b)(5), by inserting or released after transferred . V Motor Carrier Safety Program 5001. Amendment of title 49, United States Code Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. A Commercial Motor Vehicle Safety 5101. Commercial motor vehicle defined Section 31101(1) is amended to read as follows: (1) commercial motor vehicle means (except in section 31106 of this title) a self-propelled or towed vehicle used on the highways in commerce to transport passengers or property, if the vehicle— (A) has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; (B) is designed or used to transport more than 8 passengers (including the driver) for compensation; (C) is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (D) is used in transporting material found by the Secretary of Transportation to be hazardous under section 5103 of this title and transported in a quantity requiring placarding under regulations prescribed by the Secretary under section 5103 of this title. . 5102. Motor carrier operations affecting interstate commerce (a) Prohibited transportation Section 521(b)(5) is amended by inserting after paragraph (B) the following: (C) If an employee, vehicle, or all or part of an employer’s commercial motor vehicle operations has been ordered out of service pursuant to paragraph (5)(A), the commercial motor vehicle operations of the employee, vehicle or employer that affect interstate commerce are also prohibited. . (b) Prohibition on operation in Interstate commerce after nonpayment of penalties Section 521(b)(8) is amended— (1) by striking An owner or operator of a commercial motor vehicle and inserting A person in subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); (3) by inserting after subparagraph (A) the following: (B) A person prohibited from operating in interstate commerce pursuant to paragraph (8)(A) may not operate any commercial motor vehicle where such operation affects interstate commerce. ; and (4) by striking commercial motor vehicle owners and operators in subparagraph (C) (as redesignated by paragraph (2)) and inserting a person . 5103. Bus rentals and definition of employer Paragraph (3) of section 31132 is amended to read as follows: (3) employer — (A) means a person engaged in a business affecting interstate commerce that— (i) owns or leases a commercial motor vehicle in connection with that business, or assigns an employee to operate the commercial motor vehicle; or (ii) offers for rent or lease a motor vehicle designed or used to transport more than 8 passengers, including the driver, and from the same location or as part of the same business provides names or contact information of drivers, or holds itself out to the public as a charter bus company; but (B) does not include the Government, a State, or a political subdivision of a State. . 5104. High-risk carrier reviews (a) High-Risk carrier reviews Section 31104(b) (as amended by section 5401) is amended by adding at the end of paragraph (2) the following: From the funds authorized by this subsection, the Secretary shall ensure that a review is completed on each motor carrier that demonstrates through performance data that it poses the highest safety risk. At a minimum, a review shall be conducted whenever a motor carrier is among the highest risk carriers for 2 consecutive months. . (b) Conforming amendment Section 4138 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( 49 U.S.C. 31144 note) is repealed. 5105. New entrant safety audits Section 31144(g) is amended— (1) in paragraph (1)(A)— (A) by striking shall and inserting may ; and (B) by striking each owner and each operator and inserting an owner or operator ; (2) in paragraph (1)(B)— (A) by striking shall and inserting may ; and (B) by striking each owner and each operator and inserting an owner or operator ; (3) by striking paragraph (3); (4) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (5) in paragraph (3), as redesignated, by striking after the date on which section 31148(b) is first implemented shall and inserting may . 5106. Imminent hazard actions Section 521(b)(5)(A) is amended— (1) by striking that such and inserting that a request for review must be made in writing within 15 days after issuance of the order, and if timely requested, the ; (2) by striking occur and inserting commence ; and (3) by striking issuance of such order and inserting receipt of the request for review . 5107. International commerce transported on highways through the United States (a) Section 13501(1) is amended by— (1) in subparagraph (D), striking or ; (2) in subparagraph (E), striking and at the end and inserting or ; and (3) inserting the following: (F) a foreign county and another foreign county, or between two places in the same foreign country, to the extent the transportation is in the United States; and . (b) Section 31132(4) is amended by— (1) striking a place in a State and ; (2) in subparagraph (A)— (A) inserting a place in a State and before a place outside that State ; (B) striking or ; and (3) in subparagraph (B)— (A) inserting a place in a State and before another place ; (B) striking the period and inserting and ; and (C) inserting at the end the following: (C) a foreign county and another foreign county, or between two places in the same foreign country, to the extent the trade, traffic, or transportation is in the United States. . B Driver Safety Provisions 5201. Commercial driver’s license requirements (a) Licensing standards Section 31305(a)(7) is amended by inserting would not be subject to a disqualification under section 31310(g) of this title and after taking the tests . (b) Disqualifications Section 31310(g)(1) is amended by deleting who holds a commercial driver’s license and . 5202. Disqualifications based on non-commercial motor vehicle operations (a) First offense Section 31310(b)(1)(D) is amended by deleting commercial twice, after revoked, suspended, or canceled based on the individual’s operation of a and again after disqualified from operating a commercial motor vehicle based on the individual’s operation of a . (b) Second offense Section 31310(c)(1)(D) is amended by striking commercial twice, after revoked, suspended, or canceled based on the individual’s operation of a and again after disqualified from operating a commercial motor vehicle based on the individual’s operation of a . 5203. Recording of Federal disqualifications on CDLIS Section 31311(a)(15) is amended by— (1) inserting (A) after (15) ; and (2) inserting after clause (A), as redesignated, the following: (B) Not later than 10 days after receiving notice from the Secretary that an individual has been disqualified by the Secretary from operating a commercial motor vehicle, the State shall— (i) disqualify the individual from operating a commercial motor vehicle for the period of the Federal disqualification; and (ii) notify the operator of the information system under section 31309 of this title to record the disqualification and the violation that resulted in the disqualification. . 5204. Failure To pay civil penalty as a disqualifying offense (a) In general Chapter 311 is amended by inserting after section 31151 the following: 31152. Disqualification for failure to pay An individual assessed a civil penalty under this chapter, or chapters 5, 51, or 149 of this title, or a regulation issued under any of those provisions, who fails to pay the penalty or fails to comply with the terms of a settlement with the Secretary, shall be disqualified from operating a commercial motor vehicle. The disqualification shall continue until the penalty has been paid, or the individual complies with the terms of the settlement, unless such nonpayment is because the individual is a debtor in a case under chapter 11 of title 11, United States Code. . (b) Technical amendments Section 31310 is amended— (1) by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; (2) by inserting after subsection (g) the following: (h) Disqualification for failure To pay The Secretary shall disqualify from operating a commercial motor vehicle any individual failing to pay a civil penalty within the prescribed period, or failing to conform to the terms of any settlement with the Secretary. The disqualification shall continue until the penalty has been paid, or the individual conforms to the terms of the settlement, unless the nonpayment is because the individual is a debtor in a case under chapter 11 of title 11, United States Code. ; and (3) in subsection (i) (as redesignated by paragraph (1) of this subsection) by striking Notwithstanding subsections (b) through (g) and inserting Notwithstanding subsections (b) through (h) . (c) Conforming amendment The analysis of chapter 311 is amended by inserting after the item relating to section 31151 the following: 31152. Disqualification for failure to pay. . 5205. Controlled substance violations Section 31310(d) is amended by— (1) inserting after Controlled Substance Violations .— the following: (1) An individual who receives a verified positive DOT drug test is disqualified from operating a commercial motor vehicle and remains disqualified until the individual completes the substance abuse professional evaluation and treatment and return to duty process under part 40, subpart O of title 49, Code of Federal Regulations. ; and (2) inserting (2) before The Secretary . C Medical and Registration Provisions 5301. Effect of driving on commercial motor vehicle operators Section 31136(a)(4) is amended to read as follows: (4) the operation of commercial motor vehicles does not have a significantly adverse effect on the physical condition of the operators; and . 5302. Jurisdiction over brokers of motor carriers of passengers Section 13506(a) is amended by deleting paragraph (14) and redesignating paragraph (15) as paragraph (14). 5303. Revocation or suspension of registration Section 31134(c) is amended— (1) by striking The Secretary and inserting (1) In general.— The Secretary ; (2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; (3) in subparagraph (1)(B) (as redesignated), by striking knowingly failed to comply with the requirements listed in subsection (b)(1) and inserting “willfully failed to comply with— (i) this part; (ii) an applicable regulation or order of the Secretary; or (iii) a condition of the registration. ; (4) in subparagraph (1)(C) (as redesignated) by striking has not disclosed and inserting “has— (i) failed to disclose; or (ii) operated under a new identity or as an affiliate to avoid— (I) an order of the Secretary; (II) a statutory or regulatory requirement; (III) a civil penalty imposed under chapter 5, 51, 149, or 311; (IV) an enforcement action initiated by the Secretary; (V) a final, proposed or potential adverse safety fitness determination; or (VI) a negative compliance history; ; (5) in subparagraph (1)(D) (as redesignated), by striking the period and inserting a semicolon; and (6) by adding at the end the following: (E) subject to paragraph (3) of this subsection, the employer or person failed— (i) to pay a civil penalty imposed under chapter 5, 51, 149, or 311 of this title; (ii) to arrange and abide by an acceptable payment plan for such civil penalty, not later than 90 days after the date specified by order of the Secretary for the payment of such penalty; or (iii) to obey a subpoena issued by the Secretary; or (F) the employer or person failed to disclose, in its application for registration, a material fact relevant to its willingness and ability to comply with— (i) this part; (ii) an applicable regulation or order of the Secretary; or (iii) a condition of its registration. (2) Safety fitness; imminent hazard (A) Expedited procedure Notwithstanding subchapter II of chapter 5 of title 5, and subject to section 31144(c) of this title, the Secretary shall revoke the registration of an employer or person if the employer or person— (i) has been prohibited from operating a commercial motor vehicle in interstate commerce for failure to comply with the safety fitness requirements of section 31144 of this title; or (ii) is or was conducting unsafe operations that are or were an imminent hazard (as defined in section 521(b)(5)(B) of this title) to public health or property. (B) Notice of revocation The Secretary may revoke a registration under this paragraph only after giving notice of the revocation to the registrant. (3) Limitation Paragraph (1)(E) (i) and (ii) shall not apply to a person who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of title 11. . 5304. Revocation of registration for failure to respond to subpoena Section 525 is amended by inserting subchapter III of chapter 311 or before chapter 139 . 5305. Lapse of required financial security; suspension of registration Section 13906(e) is amended by inserting or suspend after revoke . D Grants and Authorizations 5401. FMCSA financial assistance programs (a) Definition Section 31101 is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Secretary means the Secretary of Transportation. . (b) MCSAP and high priority programs; FMCSA authorizations Sections 31102 through 31104 are amended to read as follows: 31102. Motor carrier safety assistance program (a) In general (1) The Secretary shall administer a Motor Carrier Safety Assistance Program funded under section 31104 of this title. (2) The goal of the program is to ensure that the Secretary, States, local governments, other political jurisdictions, Federally recognized Indian Tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system by— (A) making targeted investments to promote safe commercial motor vehicle transportation, including the transportation of passengers and hazardous materials; (B) investing in activities likely to generate maximum reductions in the number and severity of commercial motor vehicle crashes and fatalities resulting from such crashes; (C) adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with Federal requirements; and (D) assessing and improving statewide performance by setting program goals and meeting performance standards, measures, and benchmarks. (b) State plans The Secretary shall prescribe procedures for a State to submit a plan under which the State agrees to assume responsibility for improving motor carrier safety, adopting and enforcing regulations, standards, and orders of the Government on commercial motor vehicle and hazardous materials transportation safety, and adopting and enforcing compatible State regulations, standards, and orders. The Secretary shall approve a plan if the Secretary decides that the plan is adequate to promote the objectives of this section, and the plan— (1) implements performance-based activities, including deployment of technology to enhance the efficiency and effectiveness of commercial motor vehicle safety programs; (2) designates a lead State motor vehicle safety agency responsible for administering the plan throughout the State; (3) contains satisfactory assurances that the lead State agency has or will have the legal authority, resources, and qualified personnel necessary to enforce the regulations, standards, and orders; (4) contains satisfactory assurances that the State will devote adequate resources to the administration of the plan and enforcement of the regulations, standards, and orders; (5) provides a right of entry and inspection to carry out the plan; (6) provides that all reports required under this section be available to the Secretary on request; (7) provides that the lead State agency will adopt the reporting requirements and use the forms for recordkeeping, inspections, and investigations that the Secretary prescribes; (8) requires registrants of commercial motor vehicles to demonstrate knowledge of applicable safety regulations, standards, and orders of the Government and the State; (9) provides that the State will grant maximum reciprocity for inspections conducted under the North American Inspection Standards through the use of a nationally accepted system that allows ready identification of previously inspected commercial motor vehicles; (10) ensures that activities described in subsection (g) of this section, if financed through grants made under this section, will not diminish the effectiveness of the development and implementation of commercial motor vehicle safety programs described in subsection (a) of this section; (11) ensures that the lead State agency will coordinate the plan, data collection, and information systems with the State highway safety improvement program required under section 148(c) of title 23; (12) ensures participation in appropriate Federal Motor Carrier Safety Administration information technology and data systems and other information systems by all appropriate jurisdictions receiving Motor Carrier Safety Assistance Program funding; (13) ensures that information is exchanged among the States in a timely manner; (14) provides satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement of State and local traffic safety laws and regulations related to commercial motor vehicle safety; (15) provides satisfactory assurances that the State will promote activities in support of national priorities and performance goals, including— (A) activities aimed at removing impaired commercial motor vehicle drivers from the highways of the United States through adequate enforcement of regulations on the use of alcohol and controlled substances and by ensuring ready roadside access to alcohol detection and measuring equipment; (B) activities aimed at providing an appropriate level of training to State Motor Carrier Safety Assistance Program officers and employees on recognizing drivers impaired by alcohol or controlled substances; and (C) when conducted with an appropriate commercial motor vehicle inspection, interdiction activities, and appropriate strategies for carrying out those activities, including activities that affect the transportation of controlled substances, as defined under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 802 ) and listed in part 1308 of title 21, Code of Federal Regulations, as updated and republished from time to time, by any occupant of a commercial motor vehicle; (16) provides that the State has established and dedicated sufficient resources to a program to ensure that— (A) the State collects and reports to the Secretary accurate, complete, and timely motor carrier safety data; and (B) the State participates in a national motor carrier safety data correction system prescribed by the Secretary; (17) ensures that the State will cooperate in the enforcement of financial responsibility requirements under sections 13906, 31138, and 31139 of this title, and regulations issued under these sections; (18) ensures consistent, effective, and reasonable sanctions; (19) ensures that roadside inspections will be conducted at locations that are adequate to protect the safety of drivers and enforcement personnel; (20) provides that the State will include in the training manuals for the licensing examination to drive both noncommercial motor vehicles and commercial motor vehicles information on best practices for driving safely in the vicinity of noncommercial and commercial motor vehicles; (21) provides that the State will enforce the registration requirements of sections 13902 and 31134 of this title by prohibiting the operation of any vehicle discovered to be operated by a motor carrier without a registration issued under these sections or to be operated beyond the scope of the motor carrier’s registration; (22) provides that the State will conduct comprehensive and highly visible traffic enforcement and commercial motor vehicle safety inspection programs in high-risk locations and corridors; (23) except in the case of an imminent hazard or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, or other location where adequate food, shelter, and sanitation facilities are available for passengers, and reasonable accommodations are available for passengers with disabilities; (24) ensures that the State will transmit to its roadside inspectors the notice of each Federal exemption granted pursuant to section 31315(b) of this title and 49 C.F.R. 390.23 and 390.25 and provided to the State by the Secretary, including the name of the person granted the exemption and any terms and conditions that apply to the exemption; (25) except as provided in subsection (c) of this section, provides that the State will conduct safety audits of new entrant motor carriers pursuant to section 31144(g) of this title; (26) provides that the State agrees to fully participate in the Performance and Registration Information System Management under section 31106(b) of this title no later than 3 years from the date of enactment of this provision by complying with the program participation requirements established in section 31106(b)(3) of this title; and (27) for a State that shares a land border with another country, provides that the State— (A) will conduct a border commercial motor vehicle safety program that includes enforcement and related projects; or (B) if it declines to include appropriate border related activities in its plan, will forfeit a proportionate level of funding as determined by the Secretary. (c) Exclusion of U.S. territories The requirement that a State conduct safety audits of new entrant motor carriers under subsection (b)(25) of this section does not apply to a territory of the United States unless required by the Secretary. (d) Intrastate compatibility The Secretary shall prescribe regulations specifying tolerance guidelines and standards for ensuring compatibility of intrastate commercial motor vehicle safety laws and regulations with Government motor carrier safety regulations to be enforced under subsection (a) of this section. To the extent practicable, the guidelines and standards shall allow for maximum flexibility while ensuring a degree of uniformity that will not diminish transportation safety. (e) Maintenance of effort (1) In general A plan submitted by a State under subsection (b) of this section shall provide that the total expenditure of amounts of the lead State agency responsible for administering the plan will be maintained at a level each fiscal year at least equal to the average level of that expenditure for fiscal years 2004 and 2005. (2) Average level of state expenditures In estimating the average level of State expenditure under paragraph (1) of this subsection, the Secretary— (A) may allow the State to exclude State expenditures for Government-sponsored demonstration and pilot programs and strike forces; (B) may allow the State to exclude expenditures for activities related to border enforcement and new entrant safety audits; and (C) shall require the State to exclude State matching amounts used to receive Government financing under this section. (3) Waivers Upon the request of a State, the Secretary may waive or modify the requirements of this subsection for the period of the plan, if the Secretary determines that a waiver is equitable due to exceptional or uncontrollable circumstances. (f) Use of unified carrier registration fees agreement Amounts generated under section 14504a of this title and received by a State and used for motor carrier safety purposes may be included as part of the State’s share of the Motor Carrier Safety Assistance Program not provided by the Government. (g) Use of grants To enforce other laws A State may use amounts received under a grant under this section— (1) if the activities are carried out in conjunction with an appropriate inspection of a commercial motor vehicle to enforce Federal or State commercial motor vehicle safety regulations, for the— (A) enforcement of commercial motor vehicle size and weight limitations at locations (excluding fixed weight facilities) such as near steep grades or mountainous terrains, where the weight of a commercial motor vehicle can significantly affect the safe operation of the vehicle, or at ports where intermodal shipping containers enter and leave the United States; and (B) detection of and enforcement actions taken as a result of criminal activity, including the trafficking of human beings, in a commercial motor vehicle or by any occupant, including the operator, of the vehicle; (2) for documented enforcement of State traffic laws and regulations designed to promote the safe operation of commercial motor vehicles, including documented enforcement of such laws and regulations relating to noncommercial motor vehicles when necessary to promote the safe operation of commercial motor vehicles, provided: (A) the number of motor carrier safety activities (including roadside safety inspections) conducted in the State is maintained at a level at least equal to the average level of such activities conducted in the State in fiscal years 2004 and 2005; and (B) the State does not use more than 5 percent of the basic amount the State receives under a grant under this section for enforcement activities relating to noncommercial motor vehicles unless the Secretary determines that a higher percentage will result in significant increases in commercial motor vehicle safety; and (3) for the enforcement of household goods regulations on intrastate and interstate carriers, provided that the State has adopted laws or regulations compatible with the Federal household goods regulations. (h) Evaluation of plan and award of grant (1) Award The Secretary may allocate the amounts appropriated among the States whose plans have been approved under criteria that the Secretary establishes. (2) Opportunity to cure If the Secretary disapproves a plan under this section, the Secretary shall give the State a written explanation of the reasons for disapproval and allow the State to modify and resubmit the plan for approval. (i) Plan monitoring (1) In general On the basis of reports submitted by the lead State agency responsible for administering a plan approved under this section and the Secretary’s own investigations, the Secretary shall make a continuing evaluation of the way the State is carrying out the plan. (2) Withholding of funds If, after notice and an opportunity to be heard, the Secretary finds that the State plan previously approved is not being followed or has become inadequate to ensure enforcement of the regulations, standards, or orders, the Secretary may withdraw approval of the plan and notify the State. The plan is no longer in effect once the notice is received. In lieu of withdrawing approval of the plan, the Secretary may withhold funding from the State to which the State would otherwise be entitled under this section for the period of the State’s noncompliance. In exercising this option, the Secretary may withhold up to 10 percent of funds for the year that the Secretary notifies the State of its noncompliance, up to 10 percent of funds for the first full year of noncompliance, up to 25 percent of funds for the second full year of noncompliance, and not less than 50 percent of funds for the third and subsequent full years of noncompliance. (3) Judicial review A State adversely affected by the Secretary’s action under paragraph (2) of this subsection may seek judicial review under chapter 7 of title 5. Notwithstanding withdrawal of a plan approval, the State may retain jurisdiction in administrative or judicial proceedings begun before the withdrawal if the issues involved are not related directly to the reasons for the withdrawal. (j) Allocation of MCSAP funds On October 1 of each fiscal year, or as soon as practicable after that date, and after making a deduction under section 31104(a)(3) of this title, the Secretary shall allocate amounts made available to carry out this section for the fiscal year among the States with plans approved under this section. The allocation shall be made under criteria prescribed by the Secretary. 31103. High priority program (a) In general The Secretary shall administer a High Priority Program funded under section 31104 of this title. (b) Purpose The purpose of the program is to make grants to and cooperative agreements with States, local governments, other political jurisdictions, Federally recognized Indian Tribes, and any person to carry out high priority activities and projects, including activities and projects that— (1) increase public awareness and education on commercial motor vehicle safety; (2) target unsafe driving of commercial motor vehicles and non-commercial motor vehicles in areas identified as high risk crash corridors; (3) support the enforcement of household goods regulations on intrastate and interstate carriers, provided that the State has adopted laws or regulations compatible with the Federal household good regulations; (4) improve the safe and secure movement of hazardous materials and the transportation of goods and persons in foreign commerce; (5) demonstrate new technologies to improve commercial motor vehicle safety; (6) otherwise improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations; or (7) support participation in the Performance and Registration Information System Management under section 31106(b) of this title. (c) Safety data improvement (1) In general In addition to the activities and projects under subsection (b) of this section and subject to paragraph (2) of this subsection, the Secretary may make a grant to or cooperative agreement with a State under this section to improve the accuracy, timeliness, and completeness of commercial motor vehicle safety data reported to the Secretary. (2) Eligibility A State shall be eligible for funding under this subsection in a fiscal year if the Secretary determines that the State has— (A) conducted a comprehensive audit of its commercial motor vehicle safety data system within the preceding 2 years; (B) developed a plan that identifies and prioritizes its commercial motor vehicle safety data needs and goals; and (C) identified performance-based measures to determine progress toward those goals. 31104. Availability of amounts (a) Financial assistance programs (1) In general The following sums are authorized to be appropriated from the Highway Account of the Transportation Trust Fund for the following Federal Motor Carrier Safety Administration programs: (A) Grant program for the motor carrier safety assistance program Subject to paragraph 3 of this subsection, to carry out sections 31102 and 31103 of this title— (i) $288,173,000 for fiscal year 2015; (ii) $309,081,000 for fiscal year 2016; (iii) $330,638,000 for fiscal year 2017; and (iv) $352,863,000 for fiscal year 2018. (B) Financial assistance program for high priority activities To make grants and cooperative agreements under section 31103 of this title, the Secretary may set aside from amounts made available under subparagraph (A) of this paragraph up to— (i) $21,178,000 for fiscal year 2015; (ii) $23,526,000 for fiscal year 2016; (iii) $25,947,000 for fiscal year 2017; and (iv) $28,443,000 for fiscal year 2018. (C) Grant program for innovative technology To carry out section 31109 of this title— (i) $25,000,000 for fiscal year 2015; (ii) $25,000,000 for fiscal year 2016; (iii) $25,000,000 for fiscal year 2017; and (iv) $25,000,000 for fiscal year 2018. (D) Financial assistance program for commercial driver’s license program implementation To carry out section 31313 of this title— (i) $38,580,000 for fiscal year 2015; (ii) $39,776,000 for fiscal year 2016; (iii) $41,009,000 for fiscal year 2017; and (iv) $42,280,000 for fiscal year 2018. (E) Grant program for commercial motor vehicle operators To carry out section 31110 of this title, $1,000,000 for each fiscal year, 2015 through 2018. (2) Reimbursement for government’s share of costs Amounts made available under this section shall be used to reimburse financial assistance recipients proportionally for the United States Government’s share of the costs incurred. (3) Deduction for partner training and program support On October 1 of each fiscal year or as soon after that date as practicable, the Secretary may deduct, from amounts made available under subparagraphs (A), (C), and (D) of paragraph 1 of this subsection for that fiscal year, not more than 1.50 percent of those amounts for partner training and program support in that fiscal year. The Secretary shall use at least 75 percent of those deducted amounts to train non-Government employees and to develop related training materials in carrying out these programs. (4) Grants and cooperative agreements as contractual obligations The approval of a grant or cooperative agreement by the Secretary under section 31102, 31103, 31109, 31110, or 31313 of this title is a contractual obligation of the Government for payment of the Government’s share of costs in carrying out the provisions of the grant or cooperative agreement. (5) Eligible activities The Secretary shall establish criteria for eligible activities to be funded with grants or cooperative agreements under this section and publish those criteria in a notice of funding availability before the program application period. (6) Reimbursement The Secretary shall reimburse a recipient, from a grant or cooperative agreement made under section 31102, 31103, 31109, 31110, or 31313 of this title, an amount that is at least 85 percent of the costs incurred by the recipient in a fiscal year in developing and implementing programs under these sections. (7) Payment to recipients for costs Each recipient shall submit vouchers at least quarterly for costs the recipient incurs in developing and implementing programs under section 31102, 31103, 31109, 31110, or 31313 of this title. The Secretary shall pay the recipient an amount not more than the Government share of the costs incurred as of the date of the vouchers. The Secretary shall include a recipient’s in-kind contributions in determining the reimbursement. (8) Availability of allocations Grants or cooperative agreements to carry out section 31102, 31103, 31109, 31110, or 31313 of this title remain available for expenditure by the recipient for the fiscal year in which they are allocated and for the next two fiscal years. Amounts not expended during the time permitted are released to the Secretary for reallocation. (b) Administrative expenses (1) Authorization of appropriations The following sums are authorized to be appropriated from the Highway Account of the Transportation Trust Fund for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration— (A) $315,770,000 for fiscal year 2015; (B) $372,743,000 for fiscal year 2016; (C) $398,953,000 for fiscal year 2017; and (D) $378,106,000 for fiscal year 2018. (2) Use of funds The funds authorized by this subsection shall be used for personnel costs; administrative infrastructure; rent; information technology; programs for research and technology, information management, regulatory development, the administration of the performance and registration information system management, and outreach and education; to fund the facilities working capital fund; other operating expenses; and such other expenses as may from time to time become necessary to implement statutory mandates of the Federal Motor Carrier Safety Administration not funded from other sources. (3) Outreach and education (A) In general The Secretary shall conduct, through any combination of grants, contracts, or cooperative agreements, an outreach and education program to be administered by the Federal Motor Carrier Safety Administration. (B) Program elements The program shall include, at a minimum— (i) a program to promote a more comprehensive and national effort to educate commercial motor vehicle drivers and passenger vehicle drivers about how commercial motor vehicle drivers and passenger vehicle drivers can more safely share the road with each other; (ii) a program to promote enhanced traffic enforcement efforts aimed at reducing the incidence of the most common unsafe driving behaviors that cause or contribute to crashes involving commercial motor vehicles and passenger vehicles; and (iii) a program to establish a public-private partnership to provide resources and expertise for the development and dissemination of information relating to sharing the road referred to in clauses (i) and (ii) of this subparagraph to each partner’s constituents and to the general public through the use of brochures, videos, paid and public advertisements, the Internet, and other media. (C) Funding From amounts made available in paragraph (1) of this subsection, the Secretary shall make available in support of the office of Outreach and Education— (i) $4,905,988 for fiscal year 2015; (ii) $5,031,988 for fiscal year 2016; (iii) $5,294,988 for fiscal year 2017; and (iv) $5,294,988 for fiscal year 2018. (D) Federal share The Federal share of a program or activity for which a grant or cooperative agreement is made under this paragraph shall be at least 85 percent of the cost of such program or activity. (4) Motor carrier safety facility working capital fund (A) In general The Secretary may establish a motor carrier safety facility working capital fund. (B) Purpose Amounts in the fund shall be available for modernization, construction, leases and expenses related to vacating, occupying, maintaining and expanding motor carrier safety facilities. (C) Availability Amounts in the fund shall be available without regard to fiscal year limitation. (D) Funding Amounts may be appropriated to the fund from the amounts made available paragraph (1) of this subsection. (E) Fund transfers The Agency may transfer funds to the working capital fund from the amounts made available in paragraph (1) of this subsection. (c) Contract authority; initial date of availability Amounts authorized from the Highway Account of the Transportation Trust Fund by this section shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. (d) Funding availability Amounts made available under this section remain available until expended. . (c) Innovative technology deployment grants Section 31109 is amended to read as follows: 31109. Innovative technology deployment grants (a) In general (1) Program The Secretary shall administer an innovative technology program funded under section 31104 of this title. (2) Goal The goal of the program is to support and maintain a commercial motor vehicle information systems and networks program to— (A) link Federal motor carrier safety information systems with State commercial motor vehicle systems; (B) improve the safety and productivity of commercial motor vehicles and drivers; and (C) reduce costs associated with commercial motor vehicle operations and Federal and State commercial vehicle regulatory requirements. (b) Purpose The program shall advance the technological capability and promote the deployment of intelligent transportation system applications for commercial motor vehicle operations, including commercial motor vehicle, commercial driver, and carrier-specific information systems and networks. (c) Deployment grants (1) In general The Secretary shall make grants to eligible States for the deployment of commercial motor vehicle information systems and networks. (2) Use of funds Funds from a grant under this section may be used for deployment activities and activities to develop new and innovative advanced technology solutions that support commercial motor vehicle information systems and networks. (d) Eligibility To be eligible for a grant under this section, a State— (1) shall have a commercial motor vehicle information systems and networks program plan approved by the Secretary that describes the various systems and networks at the State level that need to be refined, revised, upgraded, or built to accomplish deployment of commercial motor vehicle information systems and networks capabilities; (2) shall certify to the Secretary that its commercial motor vehicle information systems and networks deployment activities, including hardware procurement, software and system development, and infrastructure modifications— (A) are consistent with the national intelligent transportation systems and commercial motor vehicle information systems and networks architectures and available standards; and (B) promote interoperability and efficiency to the extent practicable; and (3) shall agree to execute interoperability tests developed by the Federal Motor Carrier Safety Administration to verify that its systems conform with the national intelligent transportation systems architecture, applicable standards, and protocols for commercial motor vehicle information systems and networks. (e) Definitions In this section: (1) Commercial motor vehicle information systems and networks means the information systems and communications networks that provide the capability to— (A) improve the safety of commercial motor vehicle operations; (B) increase the efficiency of regulatory inspection processes to reduce administrative burdens by advancing technology to facilitate inspections and increase the effectiveness of enforcement efforts; (C) advance electronic processing of registration information, driver licensing information, fuel tax information, inspection and crash data, and other safety information; (D) enhance the safe passage of commercial motor vehicles across the United States and across international borders; and (E) promote the communication of information among the States and encourage multistate cooperation and corridor development. (2) Commercial motor vehicle operations — (A) means motor carrier operations and commercial motor vehicle regulatory activities associated with the commercial motor vehicle movement of goods, including property, hazardous materials, and passengers; and (B) with respect to the public sector, includes the issuance of operating credentials, the administration of commercial motor vehicle and fuel taxes, and roadside safety and border crossing inspection and regulatory compliance operations. (3) Deployment means, at a minimum, the implementation of systems in a State necessary to provide the State with the following capabilities: (A) A safety information exchange to— (i) electronically collect and transmit commercial motor vehicle and driver inspection data at a majority of inspection sites in the State; (ii) connect to the safety and fitness electronic records system for access to interstate carrier and commercial motor vehicle data, summaries of past safety performance, and commercial motor vehicle credentials information; and (iii) exchange carrier data and commercial motor vehicle safety and credentials information within the State and connect to such system for access to interstate carrier, commercial motor vehicle, and commercial driver data. (B) Interstate credentials administration to— (i) perform end-to-end processing, including carrier application, jurisdiction application processing, and credential issuance, of at least the international registration plan and international fuel tax agreement credentials and extend this processing to other credentials, including intrastate registration, vehicle titling, oversize vehicle permits, overweight vehicle permits, carrier registration, and hazardous materials permits; and (ii) connect to such plan and agreement clearinghouses. (C) Roadside electronic screening to electronically screen commercial vehicles at a minimum of one fixed or mobile inspection site in the State. . (d) Driver training grant program Chapter 311 is amended by inserting after section 31109 (as amended by subsection (c) of this section) the following: 31110. Commercial motor vehicle operators grant program (a) In general The Secretary shall administer a Commercial Motor Vehicle Operators Grant Program funded under section 31104 of this title. (b) Purpose The purpose of the program is to train individuals in the safe operation of commercial motor vehicles as defined under section 31301 of this title. . (e) Section 31313 is amended to read as follows: 31313. Financial assistance program for commercial driver’s license program implementation (a) In general (1) Purpose The Secretary of Transportation may make a grant to a State agency in a fiscal year— (A) to comply with the requirements of section 31311 of this title; (B) in the case of a State that is making a good faith effort toward substantial compliance with the requirements of section 31311 of this title, to improve its implementation of its commercial driver’s license program, including expenses: (i) for computer hardware and software; (ii) for publications, testing, personnel, training, and quality control; (iii) for commercial driver’s license program coordinators; (iv) to implement or maintain a system to notify an employer of an operator of a commercial motor vehicle of the suspension or revocation of the operator’s commercial driver’s license consistent with the standards developed under section 32303(b) of the Commercial Motor Vehicle Safety Enhancement Act of 2012 ( 49 U.S.C. 31304 note). (2) Priority activities The Secretary may make a grant or cooperative agreement in a fiscal year to a State agency, local government, or any person for research, development or testing, demonstration projects, public education, or other special activities and projects relating to commercial driver’s licensing and motor vehicle safety that— (A) are of benefit to all jurisdictions of the United States; (B) are designed to address national safety concerns and circumstances; (C) are designed to address emerging issues relating to commercial driver’s license improvements; or (D) support innovative ideas and solutions to commercial driver’s license program issues. (b) Prohibitions A recipient may not use financial assistance funds awarded under this section to rent, lease, or buy land or buildings. (c) Apportionment All amounts made available to carry out this section for a fiscal year shall be apportioned according to criteria prescribed by the Secretary of Transportation. . (f) Miscellaneous repeals (1) Subsection (b) of section 31106 is amended by striking paragraph (4). (2) Section 31107 is repealed. (3) Subsection (g) of section 31144 is amended by striking paragraph (4), as redesignated by section 5105 of this Act. (g) Technical and conforming amendment (1) The analysis for chapter 311 is amended by— (A) striking the item relating to section 31102 and inserting 31102. Motor Carrier Safety Assistance Program. ; (B) striking the item relating to section 31103 and inserting 31103. High Priority Grant Program. ; (C) striking the item relating to section 31107; (D) striking the item relating to section 31109 and inserting Innovative Technology Deployment Grants. ; and (E) by adding at the end of Subchapter I the following: 31110. Commercial Motor Vehicle Operators Grant Program. (2) The subsection heading for section 31106(b) is amended by striking program and inserting system management . (3) Section 31161 is amended by striking 31104(i) and inserting 31104(b) . (4) The analysis for chapter 313 is amended by striking the item relating to section 31313 and inserting the following: 31313. Financial assistance program for commercial driver's license program implementation. . E Miscellaneous 5501. Motor carrier safety advisory committee (a) Motor carrier safety advisory committee Subchapter III of chapter 311 is amended by inserting after section 31152 (as added by section 5204) the following: 31153. Motor carrier safety advisory committee (a) Establishment and duties The Secretary shall maintain for the Federal Motor Carrier Safety Administration a motor carrier safety advisory committee. The committee shall— (1) provide advice and recommendations to the Administrator of the Federal Motor Carrier Safety Administration about needs, objectives, plans, approaches, content, and accomplishments of the motor carrier safety programs carried out by the Administration; and (2) provide advice and recommendations to the Administrator on motor carrier safety regulations. (b) Members, chairman, pay, and expenses (1) In general The committee shall be composed of not more than 20 members appointed by the Administrator from among individuals who are not employees of the Administration and who are specially qualified to serve on the committee because of their education, training, or experience. The members shall consist of representatives of the motor carrier industry, nonprofit employee labor organizations representing commercial vehicle drivers, safety advocates, and safety enforcement officials. Representatives of a single enumerated interest group may not constitute a majority of the members of the advisory committee. A person appointed under this section shall not be considered an employee of the Federal Government by reason of the appointment. (2) Chairman The Administrator shall designate the chairman of the committee. (3) Pay A member of the committee shall serve without pay; except that the Administrator may allow a member, when attending meetings of the committee or a subcommittee of the committee, expenses authorized under section 5703 of title 5, relating to per diem, travel, and transportation expenses. (c) Support staff, information, and services The Administrator shall provide staff for the committee. On request of the committee, and subject to the availability of funding, the Administrator shall provide information, administrative services, and supplies that the Administrator considers necessary for the committee to carry out its duties and powers. . (b) Conforming amendments (1) The analysis for chapter 311 is amended by inserting after the item relating to 31152 (as added by section 5204 of this Act) the following: 31153. Motor Carrier Safety Advisory Committee. . (2) Section 4144 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( 49 U.S.C. 31100 note) is repealed. 5502. Unified carrier registration plan Section 14504a is amended— (1) in subsection (a)(5)(A)(ii)(II), by striking subsection (d)(4)(C) and inserting subsection (d)(5)(C) ; (2) in subsection (d)(1)(B), by striking appointed by the Secretary as follows and inserting . In making appointments of directors, the Secretary should seek to achieve the following distribution ; (3) in subsection (d)(1)(B)(iii), by striking Five and inserting Six and inserting the following before the last sentence: At least one of the appointees under this clause shall be a representative of the passenger motorcoach industry. ; (4) in subsection (d)(1)(B), by striking clause (iv); (5) in subsection (d)(1)(C), by striking Secretary and inserting board of directors ; (6) in subsection (d)(1)(D)— (A) by striking clause (i) and redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively; and (B) by amending clause (i), (as so redesignated) to read as follows: (i) Terms All directors shall be appointed for terms of 3 years. ; (7) in subsection (d)(2)(C), by striking and ; (8) in subsection (d)(2)(D), by striking the period and inserting ; and at the end; (9) in subsection (d)(2), by inserting after subparagraph (D) the following: (E) require the board to conduct an audit of the UCR plan’s use of administrative fees no less frequently than once every two years. ; (10) in subsection (d)(3)(A)— (A) by striking Except for the representative of the Department appointed under paragraph (1)(B)(iv), no ; and (B) by inserting No before director shall receive ; (11) in subsection (d)(4)(A), by striking of the board, and inserting of the board or and striking , or the Secretary ; (12) in subsection (d)(6), by inserting or the United States Government after agency of a State ; (13) by redesignating section 14504a(d)(7)(A) as section 14504a(d)(7) and amending paragraph (7) (as so redesignated) to read as follows: (7) Setting fees The board shall set the initial annual fees to be assessed carriers, leasing companies, brokers, and freight forwarders under the unified carrier registration agreement. In setting the level of fees to be assessed in any agreement year, and in setting the fee level, the board shall consider— (A) the administrative costs associated with the unified carrier registration plan and the agreement; (B) whether the revenues generated in the previous year and any surplus or shortage from that year or prior years enable the participating States to achieve the revenue levels set by the board; and (C) the provisions governing fees under subsection (f)(1). ; (14) by striking subsection (d)(7)(B); (15) by amending subsection (d)(9) to read as follows: (9) Inapplicability Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor the Administrative Procedure Act (5 U.S.C. 551 et seq.) shall apply to the unified carrier registration plan, the board, or its committees. ; (16) by redesignating subsections (d)(1) through (10) as (d)(2) through (11), respectively; (17) by inserting a new subsection (d)(1) before subsection (d)(2) (as redesignated in paragraph) to read as follows: (1) Status The unified carrier registration plan— (A) is an interstate agreement established under this section; (B) shall be operated as a not-for-profit corporation; and (C) is not a department, agency or instrumentality of the United States Government. ; (18) in subsection (e), by striking subparagraph (5); (19) in subsection (e)(2), by striking the Secretary and ; (20) in subsection (e)(3)— (A) by striking Secretary the first place it appears; (B) by inserting chairperson of the board of directors ; and (C) by striking the last sentence; (21) in subsection (e)(4), by striking Secretary and inserting chairperson of the board of directors ; (22) in subsection (f)(1)(E), by striking ask the Secretary to ; (23) by striking subsection (f)(1)(B) and redesignating subsections (f)(1)(C) through (f)(1)(E) as subsections (f)(1)(B) through (f)(1)(D), respectively; (24) in subsection (h)(2)— (A) by striking participating ; and (B) by striking subsection (d)(2)(D) and inserting subsection (d)(3)(D) , as redesignated; (25) by amending subsection (h)(3)(B) to read as follows: (B) To pay the administrative costs of the UCR plan and the UCR agreement. Payments for administrative costs may be made prior to making distributions under subparagraph (A). ; (26) in subsection (h)(4), by striking Secretary and inserting board ; and (27) by amending subsection (i) to read as follows: (i) Enforcement Nothing in this section— (1) prohibits a participating State from issuing citations and imposing reasonable fines and penalties pursuant to the applicable laws and regulations of the State on any motor carrier, motor private carrier, freight forwarder, broker, or leasing company for failure to— (A) submit information documents as required under subsection (d)(3); or (B) pay the fees required under subsection (f); or (2) authorizes a State to require a motor carrier, motor private carrier, or freight forwarder to display as evidence of compliance any form of identification in excess of those permitted under section 14506 of this title on or in a commercial motor vehicle. . 5503. Self-insurance for motor carriers repealed Section 13906(d) is amended by striking the second, third and last sentences. 5504. Electronic logging device recall authority Section 31137 is amended— (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and (2) by inserting before subsection (h), as redesignated, the following: (f) Notice and record requirements The Secretary may require an electronic logging device provider to— (1) provide the purchaser or lessee of an electronic logging device, in a manner the Secretary considers appropriate, any information or notice that the Secretary considers necessary; and (2) maintain records of electronic logging device purchasers and lessees in order to provide any information or notice required under paragraph (1) of this subsection. (g) Noncompliant devices (1) The Secretary shall notify an electronic logging device provider after making a preliminary decision that an electronic logging device does not comply with the standards established through the regulations prescribed under subsection (a) in effect at the time of certification. (2) The Secretary shall publish notice of each preliminary decision in the Federal Register. (3) The Secretary may make a final decision that an electronic logging device does not comply with the standards only after— (A) giving the electronic logging device provider an opportunity to— (i) correct the deficiency in order that the electronic logging device complies with the standards; or (ii) present information to show that the electronic logging device complies with the standards; and (B) giving any other interested person an opportunity to present information as to the electronic logging device’s noncompliance. (4) If the Secretary makes a final decision that an electronic logging device does not comply with the standards in effect at the time of certification, the Secretary shall order the electronic logging device provider to give notice under subsection (f) of this section to each purchaser or lessee of the electronic logging device that the electronic logging device provider has been required to— (A) recall the electronic logging device; and (B) remedy the defect so that the purchaser or lessee of the electronic logging device obtains a compliant electronic logging device within a reasonable time and in accordance with the terms prescribed by the Secretary. . 5505. Repeal of motor carrier financial reporting requirement Section 14123 and the item relating to that section in the analysis for chapter 141 are repealed. 5506. Contractors exercising operational control over motor carrier operations (a) Contractors exercising operational control over motor carrier operations Chapter 311 is amended by inserting after section 31139 the following: 31139a. Contractors exercising operational control over motor carrier operations (a) In general The Secretary of Transportation may issue regulations governing contractors that exercise control over motor carrier operations. (b) Contents The regulations issued under this section shall include, at a minimum— (1) a requirement that contractors register with the Secretary under this chapter; (2) a requirement that contractors create and maintain records applicable to regulatory provisions over which they exercise control or which they conduct directly; (3) a program for the evaluation and audit of compliance by contractors with applicable Federal motor carrier safety regulations; (4) a civil penalty structure consistent with section 521(b) of this title, for contractors that fail to comply with applicable Federal motor carrier safety regulations; (5) a prohibition on contractors from placing commercial motor vehicles or drivers in service on the public highways to the extent that such drivers or their equipment are found to pose an imminent hazard; (6) a process by which motor carriers and agents of motor carriers shall be able to request the Federal Motor Carrier Safety Administration to undertake an investigation of a contractor identified that is alleged to be not in compliance with the regulations under this section; and (7) a procedure under which motor carriers, drivers, and contractors may seek correction of their safety records through the deletion from those records of violations of safety regulations attributable to deficiencies in operation or driver performance for which they should not have been held responsible. (c) Inspections The Secretary or an employee of the Department of Transportation designated by the Secretary or a contractor or an employee of the recipient of a grant issued under section 31102 of this title may inspect records for operations controlled by or drivers provided by the contractor, upon demand and display of proper credentials in person or in writing. (d) Out-of-Service Any contractor that is determined under this section to fail to comply with applicable Federal safety regulations may be placed out of service by the Secretary or a Federal, State, or government official designated by the Secretary and may not exercise operational control over a motor carrier’s drivers and commercial motor vehicles and may not provide drivers or commercial motor vehicles to a motor carrier until the contractor takes actions necessary to come into compliance. (e) Definition of contractor For purposes of this section, exclusive of the first use of term in subsection (c), the term contractor means a person, other than a motor carrier, that does one or more of the following: (1) Enters into a contract with a motor carrier under which the motor carrier provides commercial motor vehicles and drivers dedicated to transporting property or passengers for the person over multiple trips where the person exercises direct operational control, such as setting schedules, routes, pick-up and delivery points, and dispatching drivers and commercial motor vehicles. (2) Enters into a contract with a motor carrier to provide drivers to the carrier and represents that it is responsible for ensuring that the drivers meet the qualifications required by this part and regulations promulgated under this part. (3) Enters into a contract with a motor carrier to provide commercial motor vehicles to the motor carrier (other than for purchase or lease to purchase) and represents that it is responsible under the contract for ensuring that the vehicles meet the requirements of this part and regulations promulgated under it. . (b) Conforming amendment The analysis for chapter 311 is amended by inserting after the item relating to section 31139 the following: 31139a. Contractors exercising operational control over motor carrier operations . 5507. Driver compensation (a) In general Chapter 311 is amended by inserting after section 31139a (as added by section 5506 of this Act) the following: 31140. Driver compensation (a) On-Duty, not-Driving time The Secretary of Transportation may by regulation require that a motor carrier employer— (1) track the on-duty (not driving) time of an employee whose base compensation is calculated in a manner other than an hourly wage and who is required to keep a record of duty status under the hours of service regulations prescribed by the Secretary; and (2) separately compensate the employee for any on-duty, not-driving period at an hourly rate not less than the Federal minimum wage rate under section 6 of the Fair Labor Standards Act ( 29 U.S.C. 206 ). (b) Scope This section does not apply to an employee whose employment is governed by a collective bargaining agreement, negotiated by employee representatives certified as bona fide by the National Labor Relations Board, if the agreement governs compensation of the employee for on-duty, not-driving time. (c) Other law Nothing in this section or regulations adopted under this section shall alter an employer’s obligations under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). Compensation of employees under this section and regulations adopted under this section shall be in addition to other compensation calculated for purposes of determining compliance with the Fair Labor Standards Act. . (b) Conforming amendment The analysis of chapter 311 is amended by inserting after the item relating to section 31139a (as added by section 5506 of this Act) the following: 31140. Driver compensation . 5508. Civil enforcement authority Section 507 is amended— (1) in subsection (b)— (A) by inserting , subchapter III of chapter 311, chapter 313, or chapter 315 after the first this chapter ; (B) by striking the second this chapter and inserting these provisions ; and (C) by striking violating this chapter or a regulation or order of the Secretary and inserting for a violation ; and (2) in subsection (c)— (A) by striking , at the request of the Secretary, may and inserting "may, and at the request of the Secretary, shall; and (B) by striking (except sections 31138 and 31139) or section 31502 and inserting , chapter 313, and chapter 315 . 5509. Criminal penalties Section 521(b)(6)(A) is amended by— (1) striking and willfully ; (2) striking the second or ; (3) inserting or order after regulation ; (4) inserting , or an imminent hazard out-of-service order issued under this section after those provisions ; (5) striking to a fine not to exceed $25,000 and inserting to a fine as set forth in section 3571 of title 18 ; (6) striking , except that, if and inserting . If ; and (7) striking to a fine not to exceed $2,500 and inserting to a fine as set forth in section 3571 of title 18 or imprisonment for a term not to exceed one year, or both . 5510. Penalties for violations of out-of-service orders Section 521(b)(2)(F) is amended by inserting the end the following: Each day of operation after the effective date of the out-of-service order is a separate offense. 5511. Technical corrections (a) Fleetwide out-of-Service order for operating without required registration Section 13902(e)(1) is amended— (1) by inserting motor vehicle or before motor carrier providing ; and (2) by inserting motor vehicle or before motor carrier operations . (b) Settlement of general civil penalties Section 14901(h) is amended by striking Household Goods in the subsection heading. (c) Hours of service study and electronic logging devices Section 30165(a)(1) is amended by striking 30141 through 30147, or 31137 and inserting or 30141 through 30147 . (d) Medical standards and requirements Section 31149(c)(1)(E) is amended by striking on a monthly basis . (e) National clearinghouse for controlled substance and alcohol test results (1) Section 521 is amended— (A) by inserting , section 31306(b), before or section 31502 in subparagraph (b)(2)(A); (B) by amending the subparagraph headings for subparagraphs (b)(2)(C) and (b)(6)(B), by inserting after CDLS , each place it appears, and alcohol and controlled substance testing ; and (C) by inserting in subparagraph (b)(2)(C) and clause (b)(6)(B)(i), after 31305(b), each place it appears, 31306, 31306a, . (2) Section 31306a(f) is amended by inserting and Service Agent before Requirements . in the subsection heading. (f) Exemptions from requirements for covered farm vehicles Subsection 32934(c)(1)(B) of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141) is amended by striking 26,001 pounds in both places it occurs and inserting 26,000 pounds . (g) Correcting reference to FMCSA in statute Section 30305(b)(1) is amended by striking Federal Highway Administration and inserting Federal Motor Carrier Safety Administration . 5512. Audits and compliance investigations of Mexico-domiciled motor carriers Section 130 of division L of Public Law 113–76 is amended by inserting after 110–28 the following: , except to the extent that a term or condition in either section 350 or section 6901 requires that safety examinations of Mexico-domiciled motor carriers be conducted on-site; nothing in section 350 or section 6901 shall be construed as limiting the ability of the Federal Motor Carrier Safety Administration to conduct any compliance review, new entrant safety audit, or other inspection or investigation of a Mexico-domiciled motor carrier at any location prescribed by the Administrator of the Federal Motor Carrier Safety Administration . 5513. Administrative adjudication of violations of commercial regulations and statutes Section 14702 is amended by adding at the end the following: (d) Administrative adjudications In addition to civil actions under subsection (a) of this section, the authority of the Secretary includes authority to maintain by regulation procedures for the administrative adjudication of violations of this part. . 5514. Access to national driver register Section 30305(b) is amended by inserting at the end the following: (13) The Administrator of the Federal Motor Carrier Safety Administration may request the chief driver licensing official of a State to provide information under subsection (a) of this section about an individual in connection with a safety investigation under the Administrator’s jurisdiction. . 5515. Elimination of certain FMCSA reporting requirements (a) Motor carrier efficiency study annual report Section 5503 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( Public Law 109–59 ) is amended by— (1) by striking subsection (d); and (2) redesignating subsection (e) as subsection (d). (b) Safety data improvement program report Section 4128 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( Public Law 109–59 ) is amended by striking subsection (d). VI Hazardous Material Transportation Safety 6001. Amendment of title 49, United States Code Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. 6002. Emergency operational controls (a) In general Chapter 51 is amended by inserting after section 5128 the following: 5129. Emergency operational controls (a) Ordering operational controls, restrictions, and prohibitions (1) In general If, upon inspection, investigation, testing, or research carried out under this chapter, the Secretary determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, or an activity existing within a regulated entity or industry, related to the transportation of hazardous materials in commerce, causes an emergency situation involving a hazard of death, personal injury, or significant harm to property or the environment, the Secretary immediately may order such operational controls, restrictions, and prohibitions, without prior notice or an opportunity for a hearing, as may be necessary to abate the situation. (2) Written orders The order shall be in writing, and describe— (A) the condition, practice, or activity that causes the emergency situation; (B) the operational controls, restrictions, and prohibitions issued or imposed; and (C) the standards and procedures for obtaining relief from the order. This paragraph does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists. (3) Emergency variance Notwithstanding section 5117(e) of this title, such orders may provide for an emergency variance from this chapter or a regulation prescribed thereunder. (b) Review of orders After issuing an order under this section, the Secretary shall provide an opportunity for review of the order under section 554 of title 5. If a petition for review is filed and the review is not completed by the end of the 30-day period beginning on the date the order was issued, the order stops being effective at the end of that period unless the Secretary decides in writing that the emergency situation still exists. . (b) Conforming amendment The analysis for chapter 51 is amended by inserting after the item relating to section 5128 the following: 5129. Emergency operational controls . 6003. Enhanced registration requirements Section 5108 is amended by— (1) inserting the following after subsection (a)(2)(B): (C) a person who performs, or is responsible for performing, a function specified by regulation prescribed under this chapter that is required to assure the safe transportation of hazardous material, in commerce, and is subject to the training requirements of section 5107. ; (2) in subsection (a)(3), inserting after material, the following: or perform or be responsible for performing a function specified by regulation prescribed under this chapter that is required to assure the safe transportation of hazardous material, in commerce, and is subject to the training requirements of section 5107, ; (3) in subparagraph (g)(2)(A), by striking and impose by regulation ; and (4) in subparagraphs (g)(2)(B) and (g)(2)(C), replacing (i) with (h) . 6004. User fees for special permits Section 5117 is amended by inserting the following at the end: (g) Fees (1) Authorization The Secretary is authorized to collect a reasonable fee, to the extent and in such amounts as provided in advance in appropriations acts, for the administration of the special permits and approvals programs. The fees shall be deposited into a Hazardous Materials Approvals and Permits Fund, which shall remain available until expended. (2) Establishment and use of fees There is established a Hazardous Materials Approvals and Permits Fund in the Department of the Treasury of the United States. Amounts collected from fees under paragraph (1) shall be available for administration of the special permits and approvals programs. (3) Fees credited as offsetting receipts Notwithstanding section 3302 of title 31, any fee authorized to be collected under this subsection shall be credited as offsetting receipts, and remain available until expended. (4) Regulations The Secretary, after providing notice and an opportunity for public comment, shall issue regulations to implement this subsection. . 6005. National emergency and disaster response (a) Purpose Section 5101 is amended by inserting and to facilitate the safe movement of hazardous materials during national emergencies after commerce . (b) Standards Section 5103 is amended by redesignating subsections (c) and (d) as (d) and (e) and inserting new subsection (c) to read as follows: (c) Federally declared disaster and emergency areas The Secretary, in consultation with the Secretary of Homeland Security, may prescribe standards to facilitate the movement of hazardous materials into, from and within federally declared disaster and emergency areas. . 6006. Enhanced reporting Section 5121(h) is amended by— (1) striking transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate ; and (2) inserting make public after and . 6007. Improving publication of special permits Section 5117 is amended— (1) in subsection (b), by striking publish in the Federal Register and inserting make public through after shall ; and (2) in subsection (c), by striking publish and in the Federal Register and inserting make public after shall . 6008. Hazard abatement authority (a) In general Chapter 51 is amended by inserting after section 5129 the following: 5130. Hazard abatement authority (a) Ordering removal, remediation, or disposal If, upon inspection, investigation, testing, or research, the Secretary determines that an unsafe condition, practice, or activity, related to the transportation of hazardous materials in commerce or other items subject to this chapter, causes unreasonable risk of death, personal injury, or significant harm to the property or the environment, the Secretary may order removal, remediation, or disposal of such hazardous materials or other items subject to this chapter, as may be necessary to abate the unreasonable risk. (b) Written orders The order shall be in writing, and describe— (1) the condition, practice, or activity that causes the unreasonable risk; (2) the actions that must be taken to abate the unreasonable risk; and (3) the standards and procedures for obtaining relief from the order. (c) Duration of order Subsection (b) does not affect the Secretary’s discretion under this section to maintain the order in effect for as long as the emergency situation exists. (d) Failure To comply If the Secretary determines that a person has failed to comply with an order for removal, remediation, or disposal, the Secretary may take such action to arrange for the removal, remediation, or disposal of such hazardous materials as necessary to abate the unreasonable risk. (e) Liability for noncompliance Upon a determination by the Secretary that a person has failed to comply with an order for removal, remediation, or disposal of a hazardous material, such person shall be liable for all costs incurred by the United States Government in removing, remediating, or disposing of such hazardous materials. . (b) Conforming amendment The analysis for chapter 51 is amended by inserting after the item relating to section 5129 the following: 5130. Hazard abatement authority . 6009. Inspection of non-domestic entities Section 5121 is amended by inserting the following after subsection (c)(3): (4) Inspection of non-domestic entities In instances when a person seeks to manufacture, requalify, or inspect a DOT specification packaging or special permit cylinders or certify compliance with title 49 of the Code of Federal Regulations outside the United States, that person must seek an approval from the Secretary to perform that function outside the United States. Upon the request of the Secretary, the applicant must allow the Secretary or the Secretary’s designee to inspect the applicant’s process and procedures. The applicant must bear the cost of the initial and subsequent inspections. . 6010. Improving the effectiveness of the HMEP grant program (a) Planning and training grants Section 5116 is amended to read as follows: 5116. Planning and training grants, monitoring, and review (a) Planning and training grants (1) The Secretary shall make grants to States and Indian tribes— (A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11001 et seq. ), including ascertaining flow patterns of hazardous material on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; (B) to decide on the need for a regional hazardous material emergency response team; and (C) to train public sector employees to respond to accidents and incidents involving hazardous material. To the extent that a grant is used to train emergency responders, the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials. (2) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection only if— (A) the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the United States Government) for the purpose of the grant will at least equal the average level of expenditure for the last 5 years; and (B) any emergency response training provided under the grant shall consist of: (i) a course developed or identified under section 5115 of this title; or (ii) another course the Secretary decides is consistent with the objectives of this section. (3) A State or Indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training under the grant is coordinated with adjacent States and Indian tribes. (4) A training grant under this subsection may be used— (A) to pay— (i) the tuition costs of public sector employees being trained; (ii) travel expenses of those employees to and from the training facility; (iii) room and board of those employees when at the training facility; and (iv) travel expenses of individuals providing the training; (B) by the State, political subdivision, or Indian tribe to provide the training; and (C) to make an agreement with a person (including an authority of a State, a political subdivision of a State or Indian tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training— (i) if the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice; (ii) the person agrees to have an auditable accounting system; and (iii) if the State or Indian tribe conducts at least one on-site observation of the training each year. (5) The Secretary shall allocate amounts made available for grants under this subsection among eligible States and Indian tribes based on the needs of the States and Indian tribes for emergency response training. In making a decision about those needs, the Secretary shall consider— (A) the number of hazardous material facilities in the State or on land under the jurisdiction of the Indian tribe; (B) the types and amounts of hazardous material transported in the State or on such land; (C) whether the State or Indian tribe imposes and collects a fee on transporting hazardous material; (D) whether such fee is used only to carry out a purpose related to transporting hazardous material; (E) the past record of the State or Indian tribe in effectively managing planning and training grants; and (F) other factors the Secretary decides are appropriate to carry out this subsection. (b) Compliance with certain law The Secretary may make a grant to a State under this section only if the State certifies that the State complies with sections 301 and 303 of the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11001 , 11003). (c) Applications A State or Indian tribe interested in receiving a grant under this section shall submit an application to the Secretary. The application must be submitted at the time, and contain information, the Secretary requires by regulation to carry out the objectives of this section. (d) Government’s share of costs A grant under this section is for 80 percent of the cost the State or Indian tribe incurs to carry out the activity for which the grant is made. Amounts of the State or tribe under subsections (a)(2)(A) and (b)(2)(A) of this section are not part of the non-Government share under this subsection. (e) Monitoring and technical assistance In coordination with the Secretaries of Transportation and Energy, the Administrator of the Environmental Protection Agency, and the Director of the National Institute of Environmental Health Sciences, the Administrator of the Federal Emergency Management Agency shall monitor public sector emergency response planning and training for an accident or incident involving hazardous material. Considering the results of the monitoring, the Secretaries, Administrator, and Directors each shall provide technical assistance to a State, political subdivision of a State, or Indian tribe for carrying out emergency response training and planning for an accident or incident involving hazardous material and shall coordinate the assistance using the existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee. (f) Delegation of authority To minimize administrative costs and to coordinate Federal financial assistance for emergency response training and planning, the Secretary may delegate to the Administrator of the Federal Emergency Management Agency and Director of the National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, and Secretaries of Labor and Energy any of the following: (1) Authority to receive applications for grants under this section. (2) Authority to review applications for technical compliance with this section. (3) Authority to review applications to recommend approval or disapproval. (4) Any other ministerial duty associated with grants under this section. (g) Minimizing duplication of effort and expenses The Secretaries of Transportation, Labor, and Energy, the Administrator of the Federal Emergency Management Agency, the Director of the National Institute of Environmental Health Sciences, the Chairman of the Nuclear Regulatory Commission, and the Administrator of the Environmental Protection Agency shall review periodically, with the head of each department, agency, or instrumentality of the Government, all emergency response and preparedness training programs of that department, agency, or instrumentality to minimize duplication of effort and expense of the department, agency, or instrumentality in carrying out the programs and shall take necessary action to minimize duplication. (h) Annual registration fee account and its uses The Secretary of the Treasury shall establish an account in the Treasury (to be known as the Hazardous Materials Emergency Preparedness Fund ) into which the Secretary of the Treasury shall deposit amounts the Secretary of Transportation transfers to the Secretary of the Treasury under section 5108(g)(2)(C) of this title. Without further appropriation, amounts in the account are available— (1) to make grants under this section; (2) to monitor and provide technical assistance under subsection (e) of this section; (3) to publish and distribute an emergency response guide; and (4) to pay administrative costs of carrying out this section and sections 5108(g)(2) and 5115 of this title, except that up to 4 percent of the amounts made available from the account in a fiscal year may be used to pay those costs. (i) Instructor training grants for emergency responders and hazardous materials employees (1) In general The Secretary shall make grants under this subsection— (A) for training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents; (B) for training instructors to train hazmat employees; and (C) to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees. (2) Eligibility for emergency responder training grants A grant under (1)(A) of this subsection shall be made through a competitive process to a nonprofit organization that— (A) demonstrates expertise in conducting a training program for hazmat emergency responders; (B) has the ability to reach and involve in a training program a target population of hazmat emergency responders; (C) agrees to use a course or courses developed or identified under section 5115 of this title or otherwise approved by the Secretary; (D) provides training courses that comply with Federal regulations and national consensus standards for hazardous materials response and are offered on a nondiscriminatory basis; and (E) ensures that emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials. (3) Eligibility for hazardous materials employee training grants A grant under (1)(B) and (1)(C) of this subsection shall be made on a competitive basis to a nonprofit organization that demonstrates expertise in providing training, research, technological development, or a similar service intended to enhance the capabilities of hazardous materials employees. (4) Training of certain employees The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness and familiarization training and safety training pursuant to section 172.704 of title 49, Code of Federal Regulations. (5) Existing effort No grant under this subsection shall supplant or replace existing employer-provided hazardous materials training efforts or obligations. (6) Use of funds Funds granted to an organization under this subsection shall only be used— (A) to provide training, including portable training, for instructors to conduct hazardous materials and hazardous materials response training programs; (B) to purchase training equipment used exclusively to train instructors to conduct such training programs; and (C) to disseminate such information and materials as are necessary for the conduct of such training programs. (7) Portable training In this subsection, the term portable training means live, instructor-led training provided by certified instructors that can be offered in any suitable setting, rather than specific designated facilities. Under this training delivery model, instructors travel to locations convenient to students and utilize local facilities and resources. (8) Terms and conditions The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection. (j) Reports The Secretary shall make an annual report available to the public (in an electronically-accessible format). The report submitted under this subsection shall include information on the allocation and uses of the planning and training grants allocated under subsection (a), and grants under subsection (i) of this section. The report submitted under this subsection shall identify the ultimate recipients of such grants and include— (1) a detailed accounting and description of each grant expenditure by each grant recipient, including the amount of, and purpose for, each expenditure; (2) the number of persons trained under the grant program, by training level; (3) an evaluation of the efficacy of such planning and training programs; and (4) any recommendations the Secretary may have for improving such grant programs. . (b) Conforming amendment The analysis for chapter 51 is amended by striking the item relating to section 5116 and inserting the following: 5116. Planning and training grants, monitoring, and review . (c) Training requirements Section 5107 is amended by— (1) striking and grants from the section heading; (2) deleting subsections (e), (f), and (h); and (3) redesignating subsection (g) as subsection (e). (d) Conforming amendment The analysis for chapter 51 is amended by striking the item relating to section 5107 and inserting the following: 5107. HAZMAT employee training requirements. . 6011. Civil penalty Section 5123 is amended— (1) in subsection (a)(1), by striking $75,000 and inserting $250,000 ; and (2) in subsection (a)(2), by striking $175,000 and inserting $500,000 ; 6012. General duty Section 5103, as amended by this Act, is amended by— (1) redesignating subsections (d) and (e) as (e) and (f), respectively; and (2) inserting the following after subsection (c): (d) Duty for safe transportation A person shall— (1) take all reasonable measures and precautions to properly classify, describe, package, mark and label, and ensure proper condition for transportation of a hazardous material; and (2) comply with this chapter, or a regulation prescribed, or an order, special permit or approval issued under this chapter. . 6013. Authorization of appropriations The text of section 5128 is amended to read as follows: (a) In general There are authorized to be appropriated to the Secretary to carry out this chapter (except sections 5108(g)(2), 5113, 5115, 5116, and 5119 of this title), $52,000,000 for fiscal year 2015 and such sums as may be necessary for fiscal years 2016, 2017, and 2018. (b) Hazardous materials emergency preparedness fund From the Hazardous Materials Emergency Preparedness Fund established under section 5116(h) of this title, the Secretary may expend, for each of fiscal years 2015 through 2018— (1) $188,000 to carry out section 5115; (2) $21,800,000 to carry out subsection (a) of section 5116; (3) $150,000 to carry out section 5116(e); (4) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and (5) $5,000,000 to carry out section 5116(i). (c) Credits to Appropriations (1) Expenses In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, authority, or entity. (2) Availability of amounts Amounts made available under this section shall remain available until expended. . 6014. Elimination of certain PHMSA reporting requirements Section 6 of the Norman Y. Mineta Research and Special Programs Improvement Act (49 U.S.C. 108 note) is amended— (1) by striking subsection (b)(1); and (2) by striking the heading for subsection (b) and redesignating subsection (b)(2) as subsection (b). VII Amendments to the Internal Revenue Code 7001. Amendment of 1986 Code Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 7002. Extension of highway-related taxes (a) Extension of taxes (1) In general The following provisions are each amended by striking 2016 each place it appears and inserting 2020 : (A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax on certain buses). (B) Section 4041(m)(1) (relating to certain alcohol fuels). (C) Section 4051(c) (relating to termination of tax on heavy trucks and trailers). (D) Section 4071(d) (relating to termination of tax on tires). (E) Section 4081(d)(1) (relating to termination of tax on gasoline, diesel fuel, and kerosene). (F) Section 4081(d)(3) (relating to the Leaking Underground Storage Tank Financing rate). (2) Extension of tax, etc., on use of certain heavy vehicles The following provisions are each amended by striking 2017 each place it appears and inserting 2020 : (A) Section 4481(f) (relating to period tax in effect). (B) Section 4482(c)(4) (relating to taxable period). (C) Section 4482(d) (relating to special rule for taxable period in which termination date occurs). (3) Floor stocks refunds Section 6412(a)(1) (relating to floor stocks refunds) is amended— (A) by striking 2016 each place it appears and inserting 2020 ; and (B) by striking 2017 each place it appears and inserting 2021 . (b) Extension of certain exemptions (1) Certain tax-free sales Section 4221(a) (relating to certain tax-free sales) is amended by striking 2016 and inserting 2020 . (2) Termination of exemptions for highway use tax Section 4483(i) (relating to termination of exemptions for highway use tax) is amended by striking 2017 and inserting 2021 . 7003. Extension of provisions related to the Sport Fish Restoration and Boating Trust Fund (a) Extension of expenditures from the trust fund Subparagraphs (A) through (C) of paragraph (2) of section 9504(b) of such Code are amended to read as follows: (A) to carry out the purposes of the Dingell-Johnson Sport Fish Restoration Act (as in effect on the date of the enactment of the GROW AMERICA Act), (B) to carry out the purposes of section 7404(d) of the Transportation Equity Act for the 21st Century (as in effect on the date of the enactment of the GROW AMERICA Act), and (C) to carry out the purposes of the Coastal Wetlands Planning, Protection and Restoration Act (as in effect on the date of the enactment of the GROW AMERICA Act). . (b) Exception to limitation on transfers Paragraph (2) of section 9504(d) is amended by striking October 1, 2014, and inserting October 1, 2018, . 7004. Transportation Trust Fund (a) Creation of transportation trust fund Section 9503 is amended to read as follows: 9503. Transportation 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 Transportation Trust Fund , consisting of such amounts as may be appropriated or credited to the Transportation Trust Fund as provided in this section or section 9602(b). The Transportation Trust Fund is a successor to the Highway Trust Fund established under this section as in effect prior to the enactment of the Transportation Jobs Act for the 21st Century. All references to the Mass Transit Account of the Highway Trust Fund are deemed to be references to the Mass Transit Account of the Transportation Trust Fund under subsection (e). All references to the Highway Trust Fund (other than the Mass Transit Account) or to the Highway Account of the Highway Trust Fund are deemed to be references to the Highway Account of the Transportation Trust Fund under subsection (f). (b) Appropriation to the transportation trust fund of amounts equivalent to certain taxes and penalties (1) Certain taxes There are hereby appropriated to the Transportation Trust Fund amounts equivalent to the taxes received in the Treasury before October 1, 2020, under the following provisions— (A) section 4041 (relating to taxes on diesel fuels and special motor fuels), (B) section 4051 (relating to retail tax on heavy trucks and trailers), (C) section 4071 (relating to tax on tires), (D) section 4081 (relating to tax on gasoline, diesel fuel, and kerosene), and (E) section 4481 (relating to tax on use of certain vehicles). For purposes of this paragraph, taxes received under sections 4041 and 4081 shall be determined without reduction for credits under section 6426. (2) Liabilities incurred before October 1, 2020 There are hereby appropriated to the Transportation Trust Fund amounts equivalent to the taxes which are received in the Treasury after September 30, 2020, and before July 1, 2021, and which are attributable to liability for tax incurred before October 1, 2020, under the provisions described in paragraph (1). (3) Certain taxes not transferred to transportation trust fund For purposes of paragraphs (1) and (2), there shall not be taken into account the taxes imposed by— (A) section 4041(d), (B) section 4081 to the extent attributable to the rate specified in section 4081(a)(2)(B), (C) section 4041 or 4081 to the extent attributable to fuel used in a train, or (D) in the case of gasoline and special motor fuels used as described in paragraph (3)(D) or (4)(B) of subsection (c), section 4041 or 4081 with respect to so much of the rate of tax as exceeds— (i) 11.5 cents per gallon with respect to taxes imposed before October 1, 2001, (ii) 13 cents per gallon with respect to taxes imposed after September 30, 2001, and before October 1, 2003, and (iii) 13.5 cents per gallon with respect to taxes imposed after September 30, 2003, and before October 1, 2005. (4) Certain penalties There are hereby appropriated to the Transportation Trust Fund amounts equivalent to the penalties paid under sections 6715, 6715A, 6717, 6718, 6719, 6720A, 6725, 7232, and 7272 (but only with regard to penalties under each such section related to failure to register under section 4101). (c) Floor stocks refunds The Secretary shall pay from time to time from the Transportation Trust Fund into the general fund of the Treasury amounts equivalent to the floor stocks refunds made before July 1, 2021, under section 6412(a). The amounts payable from the each account in the Transportation Trust Fund under the preceding sentence shall be determined by taking into account only the portion of the taxes which are deposited into the Transportation Trust Fund and into each account of such Fund. (d) Transfers from the trust fund for taxes on certain uses of fuel (1) Motorboat fuel taxes (A) Transfer to land and water conservation fund (i) In general The Secretary shall pay from time to time from the Transportation Trust Fund into the land and water conservation fund provided for in title I of the Land and Water Conservation Fund Act of 1965 amounts (as determined by the Secretary) equivalent to the motorboat fuel taxes received on or after October 1, 2005, and before October 1, 2020. (ii) Limitation The aggregate amount transferred under this subparagraph during any fiscal year shall not exceed $1,000,000. (2) Excess funds transferred to sport fish restoration and boating trust fund Any amounts in the Transportation Trust Fund— (A) which are attributable to motorboat fuel taxes, and (B) which are not transferred from the Transportation Trust Fund under paragraph (1)(A), shall be transferred by the Secretary from the Transportation Trust Fund into the Sport Fish Restoration and Boating Trust Fund. (3) Motorboat fuel taxes For purposes of this paragraph, the term motorboat fuel taxes means the taxes under section 4041(a)(2) with respect to special motor fuels used as fuel in motorboats and under section 4081 with respect to gasoline used as fuel in motorboats, but only to the extent such taxes are deposited into the Transportation Trust Fund. (4) Determination The amount of transfers made under this paragraph after October 1, 1986 shall be determined by the Secretary in accordance with the methodology described in the Treasury Department’s Report to Congress of June 1986 entitled Gasoline Excise Tax Revenues Attributable to Fuel Used in Recreational Motorboats . (5) Transfers from the trust fund for small-engine fuel taxes (A) In general The Secretary shall pay from time to time from the Transportation Trust Fund into the Sport Fish Restoration and Boating Trust Fund amounts (as determined by him) equivalent to the small-engine fuel taxes received on or after December 1, 1990, and before October 1, 2020. (B) Small-engine fuel taxes For purposes of this paragraph, the term small-engine fuel taxes means the taxes under section 4081 with respect to gasoline used as a fuel in the nonbusiness use of small-engine outdoor power equipment, but only to the extent such taxes are deposited into the Transportation Trust Fund and into each account of such Fund. (6) Transfers from the trust fund for certain aviation fuel taxes The Secretary shall pay at least monthly from the Transportation Trust Fund into the Airport and Airway Trust Fund amounts (as determined by the Secretary) equivalent to the taxes received on or after October 1, 2005, and before October 1, 2020, under section 4081 with respect to so much of the rate of tax as does not exceed. (A) 4.3 cents per gallon of kerosene subject to section 6427(l)(4)(A) with respect to which a payment has been made by the Secretary under section 6427(l), and (B) 21.8 cents per gallon of kerosene subject to section 6427(l)(4)(B) with respect to which a payment has been made by the Secretary under section 6427(l). Transfers under the preceding sentence shall be made on the basis of estimates by the Secretary, and proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. Any amount allowed as a credit under section 34 by reason of paragraph (4) of section 6427(l) shall be treated for purposes of subparagraphs (A) and (B) as a payment made by the Secretary under such paragraph. (e) Establishment of mass transit account (1) Creation of account There is established in the Transportation Trust Fund a separate account to be known as the Mass Transit Account consisting of such amounts as may be transferred or credited to the Mass Transit Account as provided in this section or section 9602(b). (2) Transfers to mass transit account The Secretary of the Treasury shall transfer to the Mass Transit Account— (A) the mass transit portion of the amounts appropriated to the Transportation Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after March 31, 1983. For purposes of the preceding sentence, the term mass transit portion means, for any fuel with respect to which tax was imposed under section 4041 or 4081 and otherwise deposited into the Transportation Trust Fund, the amount determined at the rate of— (i) except as otherwise provided in this sentence, 2.86 cents per gallon, (ii) 1.43 cents per gallon in the case of any partially exempt methanol or ethanol fuel (as defined in section 4041(m)) none of the alcohol in which consists of ethanol, (iii) 1.86 cents per gallon in the case of liquefied natural gas, (iv) 2.13 cents per gallon in the case of liquefied petroleum gas, (v) 1.23 cents per energy equivalent of a gallon of gasoline in the case of compressed natural gas, and (B) additional amounts appropriated to the Mass Transit Account by subsection (h)(1)(B). (3) Expenditures from account Amounts in the Mass Transit Account shall be available, as provided by appropriation Acts, for making capital or capital related expenditures (including capital expenditures for new projects) before October 1, 2018, in accordance with the GROW AMERICA Act or any other provision of law which was referred to in this paragraph before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act). (4) Limitation on transfers to the account (A) In general Except as provided in subparagraph (B), no amount may be transferred to the Mass Transit Account on and after the date of any expenditure from the Mass Transit Account which is not permitted by this subsection. The determination of whether an expenditure is so permitted shall be made without regard to— (i) any provision of law which is not contained or referenced in this title or in a revenue Act, and (ii) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. (B) Exception for prior obligations Subparagraph (A) shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before October 1, 2018, in accordance with the provisions of this section. (f) Establishment of highway account (1) Creation of account There is established in the Transportation Trust Fund a separate account to be known as the Highway Account consisting of such amounts as may be transferred or credited to the Highway Account as provided in this section or section 9602(b). (2) Transfers to the highway account The Secretary of the Treasury shall transfer to the Highway Account— (A) the portion of the taxes appropriated to the Transportation Trust Fund by— (i) subparagraphs (B), (C), and (E) of subsection (b)(1), and (ii) subparagraphs (A) and (D) of subsection (b)(1), but only to the extent that such taxes are not required to be transferred to the Mass Transit Account under subsection (e), (B) additional amounts appropriated to the Highway Account by subsection (h)(1)(A); and (C) fines and penalties appropriated to the Transportation Trust Fund by subsection (b)(4) and by section 521(b)(10) of title 49, United States Code. (3) Limitation on transfers to the account (A) In general Except as provided in subparagraph (B), no amount may be transferred to the Highway Account on and after the date of any expenditure from the Highway Account which is not permitted by this subsection. The determination of whether an expenditure is so permitted shall be made without regard to— (i) any provision of law which is not contained or referenced in this title or in a revenue Act, and (ii) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. (B) Exception for prior obligations Subparagraph (A) shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before October 1, 2018, in accordance with the provisions of this section. (4) Expenditures from account Amounts in the Highway Account of the Transportation Trust Fund shall be available, as provided by appropriation acts, for making expenditures before October 1, 2018, to meet those obligations of the United States heretofore or hereafter incurred which are authorized to be paid out of the Highway Account under the GROW AMERICA Act or any other provision of law which was referred to in paragraph (c)(1) (as in effect on the day before enactment of such Act) before the date of the enactment of such Act (as such Act and provisions of law are in effect on the date of the enactment of such Act). (g) Establishment of rail account (1) Creation of account There is established in the Transportation Trust Fund a separate account to be known as the Rail Account consisting of such amounts as may be transferred or credited to the Rail Account as provided in this section or section 9602(b). (2) Transfers to the rail account The Secretary of the Treasury shall transfer to the Rail Account amounts appropriated to the Rail Account by subsection (h)(1)(C). (3) Limitation on transfers to the account (A) In general Except as provided in subparagraph (B), no amount may be transferred to the Rail Account on and after the date of any expenditure from the Rail Account which is not permitted by this subsection. The determination of whether an expenditure is so permitted shall be made without regard to— (i) any provision of law which is not contained or referenced in this title or in a revenue Act, and (ii) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. (B) Exception for prior obligations Subparagraph (A) shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before October 1, 2018, in accordance with the provisions of this section. (4) Expenditures from account Amounts in the Rail Account of the Transportation Trust Fund shall be available, as provided by appropriation acts, for making expenditures before October 1, 2018, to meet those obligations of the United States heretofore or hereafter incurred which are authorized to be paid out of the Rail Account under the GROW AMERICA Act. (h) Additional appropriations (1) Additional Appropriations to trust fund Out of money in the Treasury not otherwise appropriated, there is hereby appropriated to— (A) the Highway Account in the Transportation Trust Fund— (i) for fiscal year 2015, $25,000,000,000, (ii) for fiscal year 2016, $24,000,000,000, (iii) for fiscal year 2017, $16,700,000,000, and (iv) for fiscal year 2018, $8,700,000,000, and (B) the Mass Transit Account in the Transportation Trust Fund— (i) for fiscal year 2015, $9,000,000,000, (ii) for fiscal year 2016, $10,000,000,000, (iii) for fiscal year 2017, $10,000,000,000, and (iv) for fiscal year 2018, $22,550,000,000, (C) the Rail Account in the Transportation Trust Fund— (i) for fiscal year 2015, $3,000,000,000, (ii) for fiscal year 2016, $3,000,000,000, (iii) for fiscal year 2017, $8,000,000,000, and (iv) for fiscal year 2018, $5,050,000,000; and (D) the Multimodal Account in the Transportation Trust Fund— (i) for fiscal year 2015, $500,000,000, (ii) for fiscal year 2016, $500,000,000, (iii) for fiscal year 2017, $2,800,000,000, and (iv) for fiscal year 2018, $1,200,000,000. (2) Treatment of Appropriated amounts Any amount appropriated under this subsection shall remain available without fiscal year limitation. (i) Adjustments of Apportionments for highway and mass transit account programs The Secretary of the Treasury and where so indicated, the Secretary of Transportation, shall take the following actions for the Highway Account and separately for the Mass Transit Account— (1) Estimates of unfunded authorizations and net receipts for account The Secretary of the Treasury, not less frequently than once in each calendar quarter, after consultation with the Secretary of Transportation, shall estimate for the Account— (A) the amount which would (but for this subsection) be the unfunded authorizations at the close of the next fiscal year, and (B) the net receipts for the 48-month period beginning at the close of such fiscal year. (2) Procedure where there are excess unfunded authorizations If the Secretary of the Treasury determines for any fiscal year that the amount described in paragraph (1)(A) for the Account exceeds the amount described in paragraph (1)(B) for such Account— (A) the Secretary shall so advise the Secretary of Transportation, and (B) the Secretary shall further advise the Secretary of Transportation as to the amount of such excess. (3) Adjustment of Apportionments where unfunded authorizations exceed 4 years’ receipts (A) Determination of percentage If, before any apportionment to the States is made of funds authorized to be appropriated from the Account in the most recent estimate made by the Secretary of the Treasury there is an excess referred to in paragraph (2)(B) for the Account, the Secretary of Transportation shall determine the percentage which— (i) the excess referred to in paragraph (2)(B) for the Account, is of (ii) the amount authorized to be appropriated from that Account of the Trust Fund for the fiscal year for apportionment to the States. If, but for this sentence, the most recent estimate would be one which was made on a date which will be more than 3 months before the date of the apportionment, the Secretary of the Treasury shall make a new estimate under paragraph (1) for the appropriate fiscal year. (B) Adjustment of Apportionments If the Secretary of Transportation determines a percentage for the Account under subparagraph (A) for purposes of any apportionment, notwithstanding any other provision of law, the Secretary of Transportation shall apportion to the States (in lieu of the amount which, but for the provisions of this subsection, would be so apportioned) the amount obtained by reducing the amount authorized to be so apportioned by such percentage. (4) Apportionment of amounts previously withheld from Apportionment If, after funds have been withheld from apportionment under paragraph (3)(B), the Secretary of the Treasury determines that the amount described in paragraph (1)(A) does not exceed the amount described in paragraph (1)(B) or that the excess described in paragraph (1)(B) is less than the amount previously determined, he shall so advise the Secretary of Transportation. The Secretary of Transportation shall apportion to the States such portion of the funds so withheld from apportionment as the Secretary of the Treasury has advised him may be so apportioned without causing the amount described in paragraph (1)(A) to exceed the amount described in paragraph (1)(B). Any funds apportioned pursuant to the preceding sentence shall remain available for the period for which they would be available if such apportionment took effect with the fiscal year in which they are apportioned pursuant to the preceding sentence. (5) Definitions For purposes of this subsection— (A) Unfunded authorizations The term unfunded authorizations means, at any time, the excess (if any) of— (i) the total potential unpaid commitments at such time as a result of the apportionment to the States of the amounts authorized to be appropriated from the Account, over (ii) the amount available in the that Account at such time to defray such commitments (after all other unpaid commitments at such time which are payable from that Account have been defrayed). (B) Net receipts The term net receipts means, with respect to any period, the excess of— (i) the receipts (including interest) of the Account during such period, over (ii) the amounts to be transferred during such period from such Account under subsection (d). (6) Measurement of net receipts For purposes of making any estimate under paragraph (1) of net receipts for periods ending after the date specified in subsection (b)(1), the Secretary of the Treasury shall treat— (A) each expiring provision of subsection (b) which is related to appropriations or transfers to the Highway Account or the Mass Transit Account of the Transportation Trust Fund to have been extended through the end of the 48-month period referred to in paragraph (1)(B), and (B) with respect to each tax imposed under the sections referred to in subsection (b)(1), the rate of such tax during the 48-month period referred to in paragraph (1)(B) to be the same as the rate of such tax as in effect on the date of such estimate. (7) Reports Any estimate under paragraph (1) and any determination under paragraph (2) shall be reported by the Secretary of the Treasury to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, the Committees on the Budget of both Houses, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Committee on Banking, and the Committee on Environment and Public Works of the Senate. (j) Establishment of multimodal account (1) Creation of account There is established in the Transportation Trust Fund a separate account to be known as the Multimodal Account consisting of such amounts as may be transferred or credited to the Multimodal Account as provided in this section or section 9602(b). (2) Transfers to the multimodal account The Secretary of the Treasury shall transfer to the Multimodal Account amounts appropriated to the Multimodal Account by subsection (h)(1)(D). (3) Limitation on transfers to the account (A) In general Except as provided in subparagraph (B), no amount may be transferred to the Multimodal Account on and after the date of any expenditure from the Multimodal Account which is not permitted by this subsection. The determination of whether an expenditure is so permitted shall be made without regard to— (i) any provision of law which is not contained or referenced in this title or in a revenue Act, and (ii) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph. (B) Exception for prior obligations Subparagraph (A) shall not apply to any expenditure to liquidate any contract entered into (or for any amount otherwise obligated) before October 1, 2018, in accordance with the provisions of this section. (4) Expenditures from account Amounts in the Multimodal Account of the Transportation Trust Fund shall be available, as provided by appropriation acts, for making expenditures before October 1, 2018, to meet those obligations of the United States heretofore or hereafter incurred which are authorized to be paid out of the Multimodal Account under the GROW AMERICA Act. . (b) Conforming amendments (1) The item relating to section 9503 in the analysis of chapter 98 of the Internal Revenue Code of 1986 is amended by striking Highway and inserting Transportation . (2) Section 201(b) of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l-11(b) is amended— (A) by striking 2017 and inserting 2020 , and (B) by striking 2016 each place it appears and inserting 2021 . (3) Section 521(b)(10) of title 49, United States Code, is amended by striking Highway Trust Fund (other than the Mass Transit Account) and inserting Highway Account of the Transportation Trust Fund . 7005. Effective date The amendments made by this title shall take effect on the date of the enactment of this Act. VIII Research A Funding 8001. Authorization of appropriations (a) In general The following amounts are authorized to be appropriated out of the Highway Account of the Transportation Trust Fund: (1) Highway research and development program To carry out section 503(b) of title 23, United States Code— (A) $130,000,000 for fiscal year 2015; (B) $132,594,234 for fiscal year 2016; (C) $135,188,470 for fiscal year 2017; and (D) $138,070,953 for fiscal year 2018. (2) Technology and innovation deployment program To carry out section 503(c) of title 23, United States Code— (A) $70,000,000 for fiscal year 2015; (B) $71,396,896 for fiscal year 2016; (C) $72,793,792 for fiscal year 2017; and (D) $74,345,898 for fiscal year 2018. (3) Training and education To carry out section 504 of title 23, United States Code— (A) $27,000,000 for fiscal year 2015; (B) $27,538,803 for fiscal year 2016; (C) $28,077,605 for fiscal year 2017; and (D) $28,676,275 for fiscal year 2018. (4) Intelligent transportation systems program To carry out sections 512 through 519 of title 23, United States Code— (A) $113,000,000 for fiscal year 2015; (B) $115,254,989 for fiscal year 2016; (C) $117,509,978 for fiscal year 2017; and (D) $120,015,521 for fiscal year 2018. (5) University transportation centers program To carry out section 5505 of title 49, United States Code— (A) $82,000,000 for fiscal year 2015; (B) $83,636,364 for fiscal year 2016; (C) $85,272,727 for fiscal year 2017; and (D) $87,090,909 for fiscal year 2018. (6) Bureau of transportation statistics To carry out chapter 63 of title 49, United States Code— (A) $29,000,000 for fiscal year 2015; (B) $29,578,714 for fiscal year 2016; (C) $30,157,428 for fiscal year 2017; and (D) $30,800,444 for fiscal year 2018. (b) Applicability of title 23, united states code Funds authorized to be appropriated by subsection (a) shall— (1) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Secretary; and (2) remain available until expended and not be transferable. B Research, Technology, and Education 8101. National Cooperative Freight Transportation Research Program (a) In general Chapter 5 of title 23, United States Code, is amended by inserting the following at the end: 550. National Cooperative Freight Transportation Research Program (a) Establishment The Secretary shall establish and support a National Cooperative Freight Transportation Research Program. (b) Agreement The Secretary shall enter into an agreement with the Transportation Research Board of the National Research Council of the National Academies to support and carry out administrative and management activities relating to the governance of the National Cooperative Freight Transportation Research Program. (c) Advisory committee The National Academies shall select an advisory committee consisting of a representative cross section of freight stakeholders, including the Department of Transportation, other Federal agencies, State transportation departments, local governments, nonprofit entities, academia, private sector carriers and shippers, and other interested parties. (d) Governance The National Cooperative Freight Transportation Research Program established under this section shall include the following administrative and management elements: (1) National research agenda The advisory committee, in consultation with interested parties, shall recommend a national research agenda for the program. The agenda shall— (A) include an emphasis on the safe and efficient transportation and handling of hazardous materials by all modes of transportation; (B) include a multiyear strategic plan; (C) be fully coordinated with the activities, plans, and reports required by sections 5304 and 5305 of title 49; and (D) be fully coordinated with the activities, plans, and reports required by section 508 of title 23, United States Code. (2) Involvement Interested parties may— (A) submit research proposals to the advisory committee; (B) participate in merit reviews of research proposals and peer reviews of research products; and (C) receive research results. (3) Open competition and peer review of research proposals The National Academies may award research contracts and grants under the program through open competition and merit review conducted on a regular basis. (4) Research coordination The National Academies shall ensure that research contracts and grants awarded under this section are not duplicative with research conducted under other cooperative transportation research programs governed by the National Academies; nor with research conducted by the Department of Transportation or any other Federal, State, or local agency. (5) Evaluation of research (A) Peer review Research contracts and grants under the program may allow peer review of the research results. (B) Programmatic evaluations The National Academies may conduct periodic programmatic evaluations on a regular basis of research contracts and grants. (6) Dissemination of research findings The National Academies shall disseminate research findings to researchers, practitioners, and decisionmakers, through conferences and seminars, field demonstrations, workshops, training programs, presentations, testimony to government officials, the World Wide Web, publications for the general public, collaboration with the National Transportation Library, and other appropriate means. (e) Contents The national research agenda required under subsection (d)(1) shall at a minimum include research in the following areas: (1) Techniques for estimating and quantifying public benefits derived from freight transportation projects. (2) Alternative approaches to calculating the contribution of truck and rail traffic to congestion on specific highway segments. (3) The feasibility of consolidating origins and destinations for freight movement. (4) Methods for incorporating estimates of domestic and international trade into landside transportation planning. (5) Means of synchronizing infrastructure improvements with freight transportation demand. (6) The effect of changing patterns of freight movement on transportation planning decisions. (7) Other research areas to identify and address emerging and future research needs related to freight transportation by all modes. (f) Funding (1) Federal share The Federal share of the cost of an activity carried out under this section shall be up to 100 percent. (2) Use of non-federal funds In addition to using funds authorized for this section, the National Academies may seek and accept additional funding sources from public and private entities capable of accepting funding from the Department of Transportation, States, local governments, nonprofit foundations, and the private sector. . (b) Authorization of appropriations There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out section 550 of such title. (c) Conforming amendment The analysis for chapter 501 of title 23, United States Code, is amended by adding the following at the end: 550. National cooperative freight transportation research program. . 8102. Competitive University Transportation Centers Consortia Program (a) In general Section 5505 of title 49, United States Code, is amended as follows: (1) Subsection (a)(2)(A) is amended to read: (A) to advance multimodal and cross-modal transportation expertise and technology in the varied disciplines that comprise the field of transportation through education, research, and technology transfer activities; . (2) Subsection (a)(2)(C) of title 49 is amended to read: (C) to address critical workforce needs and educate the next generation of transportation leaders in a multidisciplinary fashion. . (3) Subsection (b) is amended to read as follows: (b) Competitive selection process (1) Applications To receive a grant under this section, a consortium of nonprofit institutions of higher education shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require. (2) Restriction The lead institution of a consortium of nonprofit institutions of higher education that receives a direct grant award under this section for a national transportation center or a regional transportation center in a fiscal year shall not be eligible to receive funding, direct or indirectly, from an additional grant in that fiscal year as the lead institution or member of a consortium, for a national transportation center or a regional transportation center. (3) Coordination The Secretary shall solicit grant applications for national transportation centers, regional transportation centers, and Tier 1 university transportation centers with identical advertisement schedules and deadlines. (4) General selection criteria (A) In general Except as otherwise provided by this section, the Secretary shall award grants under this section in nonexclusive candidate topic areas established by the Secretary that address the research priorities identified in the plans developed under section 508 of title 23. (B) Criteria The Secretary, in consultation with the Assistant Secretary for Research and Technology and the Administrators of the Federal Highway Administration and Federal Railroad Administration, shall select each recipient of a grant under this section through a competitive process based on the assessment of the Secretary relating to— (i) the demonstrated ability of the recipient to address each specific topic area described in the research and strategic plans of the recipient; (ii) the demonstrated research, technology transfer, and education resources available to the recipient to carry out this section; (iii) the ability of the recipient to provide leadership in solving immediate and long-range national and regional transportation problems; (iv) the ability of the recipient to carry out research, education, and technology transfer activities that are multimodal and multidisciplinary in scope; (v) the demonstrated commitment of the recipient to carry out transportation workforce development programs through— (I) degree-granting programs or programs that provide other industry-recognized credentials; and (II) outreach activities to attract new entrants into the transportation field, including minorities, women, individuals with disabilities, veterans, low-income populations, and others who may not have considered pursuing careers in transportation previously; (vi) the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs; (vii) the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects; (viii) the strategic plan submitted by the recipient describing the proposed research to be carried out by the recipient and the performance metrics to be used in assessing the performance of the recipient in meeting the stated research, technology transfer, education, and outreach goals; and (ix) the ability of the recipient to implement the proposed program in a cost-efficient manner, such as through cost sharing and overall reduced overhead, facilities, and administrative costs. (5) Transparency (A) In general The Secretary shall provide to each applicant, upon request, any materials, including copies of reviews (with any information that would identify a reviewer redacted), used in the evaluation process of the proposal of the applicant. (B) Reports The Secretary shall make available to the public on a Department of Transportation Web site a report describing the overall review process under paragraph (3) that includes— (i) specific criteria of evaluation used in the review; (ii) descriptions of the review process; and (iii) explanations of the selected awards. (6) Outside stakeholders The Secretary shall, to the maximum extent practicable, consult external stakeholders such as the Transportation Research Board of the National Research Council of the National Academies to evaluate and competitively review all proposals. . (4) Subsection (c) is amended to read as follows: (c) Grants (1) In general Not later than 1 year after the date of enactment of the GROW AMERICA Act, the Secretary, in consultation with the Assistant Secretary for Research and Technology and the Administrators of the Federal Highway Administration and Federal Railroad Administration, shall select grant recipients under subsection (b) and make grant amounts available to the selected recipients. (2) Focused research In awarding grants under this paragraph, consideration shall be given to minority institutions, as defined by section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k), or consortia that include such institutions that have demonstrated an ability in transportation-related research and education. (3) National transportation centers (A) In general Subject to subparagraph (B), the Secretary shall provide grants to 5 consortia that the Secretary determines best meet the criteria described in subsection (b)(4). (B) Restriction For each fiscal year, a grant made available under this paragraph shall be $3,200,000 per recipient. (C) Matching requirement (i) In general As a condition of receiving a grant under this paragraph, a grant recipient shall match 100 percent of the amounts made available under the grant. (ii) Sources The matching amounts referred to in clause (i) may include— (I) amounts made available to the recipient under title I of this Act; (II) amounts made available to the recipient by the several administrations of the Department of Transportation; and (III) amounts made available to the recipient by other Federal departments, agencies, independent agencies, boards, and other Federal elements with interests in transportation. (4) Regional university transportation centers (A) Location of regional centers One regional university transportation center shall be located in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled Standard Federal Regions and dated April 1974 (circular A–105). (B) Selection criteria In conducting a competition under subsection (b), the Secretary shall provide grants to 10 consortia on the basis of— (i) the criteria described in subsection (b)(3) ; (ii) the location of the center within the Federal region to be served; and (iii) whether the consortium of institutions demonstrates that the consortium has well-established, nationally recognized multimodal and multidisciplinary programs in transportation research and education, as evidenced by— (I) recent expenditures by the institution in surface transportation research; (II) a historical track record of awarding graduate degrees in professional fields closely related to surface transportation; and (III) an experienced faculty who specialize in professional fields closely related to surface transportation. (C) Restrictions For each fiscal year, a grant made available under this paragraph shall be $3,000,000 for each recipient. (D) Matching requirement (i) In general As a condition of receiving a grant under this paragraph, a grant recipient shall match 100 percent of the amounts made available under the grant. (ii) Sources The matching amounts referred to in clause (i) may include— (I) amounts made available to the recipient under title I of this Act; (II) amounts made available to the recipient by the several administrations of the Department of Transportation; and (III) amounts made available to the recipient by other Federal departments, agencies, independent agencies, boards, and other elements with interests in transportation. (5) Tier 1 university transportation centers (A) In general The Secretary shall provide grants of $1,800,000 each to not more than 20 recipients to carry out this paragraph. (B) Restriction The lead institution of a consortium of nonprofit institutions of higher education that receives a direct grant award under paragraph (3) or (4) shall not be eligible to receive a direct grant award under this paragraph. (C) Matching requirement (i) In general Subject to clause (iii) , as a condition of receiving a grant under this paragraph, a grant recipient shall match 50 percent of the amounts made available under the grant. (ii) Sources The matching amounts referred to in clause (i) may include— (I) amounts made available to the recipient under title I of this Act; (II) amounts made available to the recipient by the several administrations of the Department of Transportation; and (III) amounts made available to the recipient by other Federal departments, agencies, independent agencies, boards and other elements with interests in transportation. . (b) Research efficiency Section 5505 of title 49, United States Code, is further amended by inserting after subsection (f) the following: (g) Research efficiency (1) Additional sponsored grants To enable access more broadly to the specialized skills and multidisciplinary research capabilities of the transportation university research community by the several administrations of the Department of Transportation, and by other Federal departments, agencies, independent agencies, boards, and other elements with interests in transportation, these organizations may sponsor competitive grants to consortia on specific research topics. (2) Grants (A) The grants shall conform to the selection criteria and requirements of either national transportation centers or Tier 1 university transportation centers; and be of an equivalent grant value of the type of Center selected. (B) The grants shall conform to all other requirements and restrictions under this section. (C) The grants shall be competed, selected, and awarded on the same schedule as all grants competed under this section. (3) Matching requirement Such grants shall require identical matching requirements of the type of center selected; except that sources of matching funds may not be the same funding source as the Federal entity funding the specialized grant. . 8103. Priority Multimodal Research Program (a) In general Section 5506 of title 49, United States Code, is amended to read as follows: 5506. Priority Multimodal Research Program (a) Establishment The Secretary shall establish and support a Priority Multimodal Research Program. (b) Focused research The Secretary shall enter into research agreements to carry out priority multimodal research in the following topics: (1) Conduct research and standards/guideline development for surface transportation infrastructure owners and services providers on systems resilience and recovery. (2) Enable advanced research towards a Zero Emissions Transportation System, to— (A) accelerate the goal of 80 percent greenhouse gas emission reduction by 2050, to a goal of 100 percent greenhouse gas emission reduction by the same date; and (B) conduct advanced or long-term research on emissions in the transportation sector, both in vehicle emissions and in infrastructure construction and maintenance. (3) Conduct a coordinated, multimodal STEM Education and Workforce Development program to support the transportation sector’s needs over the next decade for a new workforce trained in the latest technologies. (c) Funding (1) Federal share The Federal share of the cost of an activity carried out under this section shall be up to 100 percent. (2) Use of non-federal funds In addition to using funds authorized for this section, the Secretary may seek and accept additional funding sources from public and private entities capable of accepting funding from the Department of Transportation, States, local governments, nonprofit foundations, and the private sector. (3) Period of availability Amounts made available to carry out this section shall remain available until expended. . (b) Authorization of appropriations There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out section 5506 of title 49, United States Code. (c) Conforming amendment The analysis for chapter 55 of title 49, United States Code, is amended by inserting the following at the end: 5506. Priority Multimodal Research Program. . 8104. Bureau of Transportation Statistics (a) Section 6302 amendments Section 6302 of title 49, United States Code, is amended as follows: (1) Sub section 6302(b)(3)(B)(vi)(III) of title 49, United States Code, is amended by striking section 6310 and inserting section 6309 . (2) Clauses (vii), (viii), (ix), and (x) of sub section 6302(b)(3)(B) of title 49, United States Code, are redesignated as clauses (viii), (ix), (x), and (xi), respectively. (3) The following is inserted after subsection 6302(b)(3)(B)(vi): (vii) develop and improve transportation economic accounts, to meet demand for methods for estimating the economic value of transportation infrastructure, investment, and services; . (b) Intermodal transportation data program Section 6303 of title 49, United States Code, is amended by adding after subsection (c) the following: (d) Intermodal transportation data collection To provide content for the database described in this section, the Director shall create and maintain datasets and data analysis tools. Activities may include— (1) conducting national surveys of goods movement, intercity passenger flows, household and business logistics, the domestic transportation of international trade, and vehicle inventory and use; (2) collecting household travel behavior data and business logistics data crossing local jurisdictional boundaries to accommodate external and through travel; (3) collecting and analyzing administrative records to identify travel patterns, goods movement, and the economic value of transportation infrastructure serving travel and freight; (4) developing methods for establishing the economic value of transportation capital stocks and services; (5) enhancing and deploying analysis tools to integrate data collected under this section into the National Commodity Origin Destination Accounts, National Passenger Travel Origin Destination Accounts, and Transportation Economic Accounts of the Intermodal Transportation Database; and (6) developing tools to enhance public access to the Intermodal Transportation Database in conjunction with development, application, and reporting of performance measures. . (c) National transportation atlas database Section 6311(5) of title 49, United States Code, is amended by replacing section 6310 with section 6309 . (d) Intermodal transportation data program Section 6303(c)(1) is amended to read as follows: (1) information on the items referred to in subsection 6302(b)(3)(B)(vi). . (e) Mandatory response authority for freight data collection Section 6313(a) of title 49, United States Code, is amended by— (1) striking paragraph (2); (2) striking the designation and heading of paragraph (1); (3) redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (4) striking described in paragraph (2) and inserting of any nature whatsoever . (f) National transportation library Section 6304 of title 49, United States Code, is amended to read as follows: 6304. National Transportation Library (a) Purpose and establishment To support the information management and decisionmaking needs of transportation officials at the Federal, State, and local levels, there shall be in the Bureau a National Transportation Library, which shall— (1) be headed by an individual who is highly qualified in library and information science; (2) acquire, preserve, and manage transportation information and information products and services for use by the Department, other Federal agencies, and the general public; (3) provide reference and research assistance; (4) serve as a central depository for research results and technical publications of the Department; (5) provide a central clearinghouse for transportation data and information of the Federal Government; (6) plan for, coordinate, and evaluate information sciences and library needs related to transportation research, education, and training; (7) serve as coordinator and policy lead for transportation information access; (8) provide transportation information and information products and services to— (A) the Department; (B) other Federal agencies; (C) public and private organizations; and (D) individuals, within the United States and internationally; (9) coordinate efforts among, and cooperate with, transportation libraries, information providers, and technical assistance centers, in conjunction with private industry and other transportation library and information centers, with the goal of developing a comprehensive transportation information and knowledge network that supports the activities described in section 6302(b)(3)(B)(vi); and (10) engage in other activities the Director determines to be necessary and as the resources of the Library permit. (b) Access (1) In general The Director shall publicize, facilitate, and promote access to the information products and services described in subsection (a), to improve the ability of the transportation community to share information and the ability of the Director to make statistics and other information readily accessible as required under section 6302(b)(3)(B)(x) of this title. (2) Availability of publications, materials, facilities, or services; prescription of rules The Director shall— (A) make available publications or materials according to library and information science best practices; (B) make available its facilities for research; and (C) make available its bibliographic, basic reference, or other services to public and private entities and individuals. (3) Rules Rules described in section 6304(b)(1) of this title may provide for making available such publications, materials, facilities, or services— (A) without charge as a public service; (B) upon a loan, exchange, or charge basis; or (C) in appropriate circumstances, under contract arrangements made with a/? public or other nonprofit entity. (c) Agreements (1) In general To carry out this section, the Director may enter into agreements with, award grants to, and receive amounts from, any— (A) State or local government; (B) organization; (C) business; or (D) individual. (2) Contracts, grants, and agreements The Library may initiate and support specific information and data management, access, and exchange activities in connection with matters relating to the Department’s strategic goals, knowledge networking, and national and international cooperation, by entering into contracts or other agreements or awarding grants for the conduct of such activities. (3) Amounts Any amounts received by the Library as payment for library products and services or other activities shall be made available to the Director to carry out this section, deposited in the Office of the Assistant Secretary for Research and Technology’s general fund account, and remain available until expended. . (g) Port performance statistics program Chapter 63 of title 49, United States Code, is amended by adding after section 6313 the following: 6314. Port Performance Statistics Program (a) In general The Director may establish a Port Performance Statistics Program to provide nationally consistent measures of performance of the Nation’s maritime ports. (b) Annual reports The Director is authorized to require annual reports from all ports that receive Federal assistance or are subject to Federal regulation, including statistics on capacity, throughput, and other measures of performance required for implementation of the National Freight Policy required by section 167 of title 23. (c) Recommendations The Director shall obtain recommendations for specifications for port performance measures from the United States Army Corps of Engineers, the Maritime Administration, the Saint Lawrence Seaway Development Corporation, the United States Coast Guard, the Marine Transportation System National Advisory Council, and the Department of Commerce Advisory Council on Supply Chain Competitiveness to identify standard data elements for measuring port performance. . (h) Conforming amendment The analysis for chapter 63 of title 49, United States Code, is amended by inserting the following at the end: Sec. 6314. Port Performance Statistics Program. . 8105. ITS goals and purposes (a) Technical correction Section 514(a)(5) of title 23, United States Code, is amended to read as follows: (5) improvement of the ability of the United States to respond to security-related or other manmade emergencies and natural disasters; and . (b) Freight goals Section 514(a) of title 23, United States Code, is amended by inserting the following at the end: (6) enhancement of the Nation’s freight system and support to freight policy goals by conducting heavy-duty vehicle demonstration activities, and accelerating adoption of ITS applications in freight operations. . 8106. ITS general authorities and requirements Section 515(h)(4) of title 23, United States Code, is amended— (1) by striking February 1 of each year after the date of enactment of the Transportation Research and Innovative Technology Act of 2012 and inserting May 1 each year ; and (2) by striking submit to Congress and inserting make available to the public on a Department of Transportation Web site . 8107. ITS national architecture and standards (a) In general Section 517(a)(3) of title 23, United States Code, is amended to read as follows: (3) Use of standards development organizations In carrying out this section, the Secretary shall support the development and maintenance of standards and protocols using the services of such standards development organizations as the Secretary determines to be necessary and whose memberships represent, but are not limited to, the surface transportation and intelligent transportation systems industries. . (b) Technical correction Section 517(b) of title 23, United States Code, is amended to read as follows: (b) Standards for national policy implementation If the Secretary finds that a standard is necessary for implementation of a nationwide policy or other capability requiring nationwide uniformity, the Secretary, after consultation with stakeholders and in accordance with the requirements of section 553 of title 5, may establish and require the use of that standard. . 8108. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment Section 518(a) of title 23, United States Code, is amended by striking all of the text that follows the heading and precedes that— and inserting the following: Not later than July 6, 2015, the Secretary shall make available to the public on a Department of Transportation Web site a report . 8109. Infrastructure development (a) In general Chapter 5 of title 23, United States Code, is amended by adding after section 518 the following: 519. Infrastructure development Funds made available to carry out this subtitle for operational tests— (1) shall be used primarily for the development of intelligent transportation system infrastructure, equipment, and systems; and (2) to the maximum extent practicable, shall not be used for the construction of physical surface transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project. . (b) Conforming amendment The analysis for chapter 5 of title 23, United States Code, is amended by adding after section 518 the following: 519. Infrastructure development. . 8110. Departmental research programs; conforming amendments (a) Title 49 amendments Title 49, United States Code, is amended as follows: (1) Section 102(e) is amended— (A) in paragraph (1), by striking 5 and inserting 6 ; and (B) in paragraph (2), by inserting an Assistant Secretary for Research and Technology, before and an Assistant Secretary . (2) Chapter 1 is amended by striking section 112, and the analysis of chapter 1 is amended by striking the item relating to the Research and Innovative Technology Administration . (3) Section 330 is amended— (A) by striking contracts in the section heading and inserting activities ; and (B) by inserting at the end the following: (d) Duties The Secretary shall provide for the following: (1) Coordination, facilitation, and review of the Department’s research and development programs and activities. (2) Advancement, and research and development, of innovative technologies, including intelligent transportation systems. (3) Comprehensive transportation statistics research, analysis, and reporting. (4) Education and training in transportation and transportation-related fields. (5) Activities of the Volpe National Transportation Systems Center. (e) Additional authorities The Secretary may— (1) enter into grants and cooperative agreements with Federal agencies, State and local government agencies, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance; and to carry out other research activities of the Department; (2) carry out, on a cost-shared basis, collaborative research and development to encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology with— (A) non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State; (B) Federal laboratories; and (C) other Federal agencies; and (3) directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts. (f) Federal share (1) In general Subject to paragraph (2), the Federal share of the cost of an activity carried out under subsection (e)(3) shall not exceed 50 percent. (2) Exception If the Secretary determines that the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share. (3) Non-federal share All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity described in paragraph (1). (g) Program evaluation and oversight For fiscal years 2013 through 2018, the Secretary is authorized to expend not more than 1 and a half percent of the amounts authorized to be appropriated for necessary expenses for administration and operations of the Office of the Assistant Secretary for Research and Technology for the coordination, evaluation, and oversight of the programs administered by the Office. (h) Use of technology The research, development, or use of a technology under a contract, grant, cooperative research and development agreement, or other agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). (i) Waiver of advertising requirements Section 6101 of title 41 shall not apply to a contract, grant, or other agreement entered into under this section. . (4) The item relating to section 330 in the analysis of chapter 3 is amended by striking Contracts and inserting Activities . (5) Section 6302(a) is amended to read as follows: (a) In general There shall be within the Department the Bureau of Transportation Statistics. . (b) Title 5 amendments Title 5, United States Code, is amended as follows: (1) Section 5313 is amended by deleting The Under Secretary of Transportation for Security. . (2) Section 5314 is amended by deleting Administrator, Research and Innovative Technology Administration. . (3) Section 5315 is amended by striking (4) in the undesignated item relating to Assistant Secretaries of Transportation and inserting (5) . (4) Section 5316 is amended by deleting Associate Deputy Secretary, Department of Transportation. . (c) Conforming amendment The analysis for chapter 3 of title 49, United States Code, is amended by revising the entry relating to section 330 to read as follows: 330. Research activities. . 8111. Office of Intermodalism (a) In general Section 5503 of title 49, United States Code, is repealed. (b) Conforming amendment The analysis for chapter 55 of title 49, United States Code, is amended by striking the item relating to section 5503. 8112. Cooperation with Federal and State agencies and foreign countries (a) Authorized activities (1) Section 308 amendment Section 308(a) of title 23, United States Code, is amended by inserting cooperating international entities, after countries . (2) Section 502 amendment Section 502(b)(3)(C) of title 23, United States Code, is amended by inserting international entities, after country, . (b) Use of funds Section 502(b)(5)(B) is amended to read as follows: (B) Use of funds The Secretary shall use funds made available to carry out this chapter to— (i) develop, administer, communicate, and promote the use of products of research, development, and technology transfer programs under this chapter; (ii) promote United States highway transportation expertise, goods, and services in foreign countries; or (iii) conduct studies to assess the need for or feasibility of highway transportation improvements in foreign countries. . IX Rail Safety, Reliability, and Efficiency 9001. Short title; amendment of title 49, United States Code (a) Short title This title may be cited as the Rail for America Act . (b) Amendment of title 49 Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. A National High-Performance Rail System 9101. Purpose and objectives (a) Purpose The purpose of this subtitle is to promote and facilitate the development of the National High-Performance Rail System, a comprehensive national network of integrated passenger and freight rail services, and to authorize funds for the planning, development, construction, and implementation of rail corridors and related infrastructure improvements. (b) Objectives (1) Safety The National High-Performance Rail System shall contribute to reducing fatalities, injuries, and incidents on the nation’s transportation system. (2) Mobility The National High-Performance Rail System shall increase the efficient and reliable movement of both goods and people through targeted market-based investments and policies. (3) Environmental sustainability The National High-Performance Rail System shall strive to advance environmentally sustainable policies and projects that reduce emissions of criteria air pollutants, air toxins, and greenhouse gases from transportation sources while protecting communities and natural resources. (4) Energy efficiency The National High-Performance Rail System shall enhance energy efficient transportation options and expand use of renewable and clean energy sources. (5) Quality of life The National High-Performance Rail System shall promote quality of life and communities, including enhanced safety in areas adjacent to transportation facilities and safety at highway-rail grade crossing and efficient land-use development, and protecting public health. (6) Infrastructure condition The National High-Performance Rail System shall ensure that the current passenger rail network achieves and maintains a state of good repair and is resilient and reliable in the face of extreme events and changing climatic conditions. (7) Optimization of freight rail network The National High-Performance Rail System shall ensure that America’s world-class freight rail system is preserved and improved while balancing and protecting both private and public interests, strengthening the ability of rural communities to access national and international trade markets, and supporting regional economic development. 9102. Grant programs (a) In general Part C of subtitle V is amended by inserting the following after chapter 244: 246 NATIONAL HIGH-PERFORMANCE RAIL SYSTEM Sec. 24601. Definitions. 24602. Authorization of appropriations. 24603. National high-performance passenger rail system. 24604. Current passenger rail service program. 24605. Rail service improvement program. 24606. Oversight. 24607. Financial assistance conditions. 24601. Definitions In this chapter: (1) Three types of passenger rail corridors are defined as follows: (A) Core express corridor The term Core Express Corridor means a passenger rail corridor with trains operating primarily on dedicated passenger track at peak speeds of 125 to 250 miles per hour or greater, and that primarily connects major metropolitan centers in the United States that are generally up to 500 miles apart. (B) Regional corridor The term Regional Corridor means a passenger rail corridor with trains operating on either dedicated and shared use track at peak speeds of 90 to 124 miles per hour, and that primarily connects mid-size urban areas to larger and smaller communities that are generally up to 500 miles apart. (C) Feeder corridor The term Feeder Corridor means a State- or regionally-designated passenger rail corridor with trains operating on shared use track at peak speeds of up to 90 miles per hour and that connects large, mid-sized, and small urban areas generally less than 750 miles apart. (2) Capital project The term capital project means a project or program for use in or for the primary benefit of intercity passenger rail service or freight rail service, including— (A) acquiring, constructing, improving, or inspecting equipment, track and track structures, or a facility; (B) expenses incidental to the activities described in subsection 24601(2)(A) (including designing, engineering, location surveying, mapping, environmental studies, utility relocation or improvement, acquiring rights-of-way, and joint development activities as defined in subsection 5302(3)(G)), and the maintenance of operations during construction; (C) preserving and acquiring rights-of-way; (D) payments for the capital portions of rail trackage rights agreements; (E) highway-rail grade crossing improvements; (F) mitigating environmental impacts; (G) communication and signalization improvements; (H) relocation assistance, including acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; (I) interest and other financing costs to efficiently carry out a part of the project within a reasonable time; and (J) evaluation and assessment of project implementation and outcomes. (3) High-performance rail The term high-performance rail means a passenger and freight rail network that is designed to meet the current and future market demands for transportation of people and goods, in terms of capacity, travel times, reliability, and efficiency. (4) Intercity passenger rail service The term intercity passenger rail service has the same meaning as intercity rail passenger transportation , as defined in section 24102 of this title. (5) Interstate compact The term interstate compact means two or more States that have entered into compacts, agreements, or organizations, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this chapter. (6) Long-distance route The term long-distance route has the same meaning as under section 24102(5)(C) of this title. (7) Northeast corridor The term Northeast Corridor has the same meaning as under section 24102(5)(A) of this title. (8) Rail hub plan The term rail hub plan means a plan that addresses the needs and opportunities for the dense, complex networks of shared or interconnected freight, intercity passenger, and commuter rail lines that tend to be found in and around major urban areas. (9) State The term State means a State of the United States or the District of Columbia. (10) State corridor The term State corridor has the same meaning as under section 24102(5)(D) of this title. (11) State of good repair The term state of good repair means a condition in which the existing physical assets, both individually and as a system, are functioning as designed within their useful lives and are sustained through regular maintenance and replacement programs. 24602. Authorization of appropriations (a) Current passenger rail services program There are authorized to be appropriated from the Rail Account of the Transportation Trust Fund to carry out section 24604 of this title— (1) $2,450,000,000 for fiscal year 2015; (2) $2,400,000,000 for fiscal year 2016; (3) $2,350,000,000 for fiscal year 2017; and (4) $2,300,000,000 for fiscal year 2018. (b) Rail service improvement program There are authorized to be appropriated from the Rail Account of the Transportation Trust Fund to carry out section 24605 of this title— (1) $2,325,000,000 for fiscal year 2015; (2) $2,405,000,000 for fiscal year 2016; (3) $2,370,000,000 for fiscal year 2017; and (4) $2,450,000,000 for fiscal year 2018. (c) Availability of contract authority (1) Period of availability The amounts made available under this section shall remain available for obligation until expended. (2) Contract authority Authorizations from the Transportation Trust Fund made by this section shall be available for obligation on October 1 of the fiscal year for which they are authorized. 24603. National high-performance passenger rail system (a) In general The Secretary of Transportation shall facilitate the establishment of a national high-performance rail system in accordance with this chapter. (b) Contents The national high-performance rail system includes the following: (1) Current passenger rail service program. (2) Rail service improvement program. (3) Railroad rehabilitation and improvement financing program. (c) Rulemaking authority The Secretary shall prescribe the regulations necessary to implement this chapter. 24604. Current passenger rail service program (a) In general The Secretary of Transportation shall establish a Current Passenger Rail Service Program under this section. The program shall ensure that existing passenger rail assets and services are maintained in reliable working condition. The Current Passenger Rail Service Program consists of programs for the following: (1) Northeast Corridor. (2) State Corridors. (3) Long-Distance Routes. (4) National Assets, Legacy Debt, and Amtrak Positive Train Control. (5) Stations—Americans with Disabilities Act Compliance. (b) Northeast corridor (1) Objective The objective of the Northeast Corridor program is to bring Northeast Corridor infrastructure and equipment into a state-of-good repair, and to ensure that those assets are then maintained in a state-of-good repair, so that the Northeast Corridor can continue providing travelers with a safe, reliable, and efficient travel option in the congested Northeast region. (2) Authority The Secretary may provide grants under this subsection to reduce the state-of-good repair backlog on the Northeast Corridor; to replace legacy passenger rail equipment used for Northeast Corridor service; and to fund the portion of ongoing capital replacement and renewal needs on the Northeast Corridor not covered by Northeast Corridor operating surpluses. (3) Eligible recipients The Secretary may provide grants to the following entities for eligible projects under this subsection: (A) Amtrak. (B) States and other public-sector entities as identified in the Northeast Corridor Capital Asset Plan required by section 24317 of this title. (4) Eligible projects The Secretary may provide grants under this subsection for the following activities, as identified in the Five-Year Capital Asset Plans described in section 24317 of this title: (A) State of good repair backlog To replace or rehabilitate railroad assets that are not currently in a state of good repair. (B) Legacy equipment replacement To replace legacy passenger rolling stock and locomotives used for Northeast Corridor service. (C) Ongoing replacement and renewal To fund the balance needed to maintain the existing Northeast Corridor infrastructure and equipment in an ongoing state of good repair, after the following revenues are first dedicated to these activities: (i) All operating surpluses generated from Northeast Corridor intercity passenger rail services. (ii) All access fees from other users of the Northeast Corridor. (iii) All revenues generated from ancillary businesses directly associated with Northeast Corridor services or infrastructure. (5) Federal share of total project costs The Federal share of total project costs under this subsection may be up to 100 percent. (c) State corridors (1) Objective To enable the successful implementation of section 209 of Division B of Public Law 110–432 for existing State-supported passenger rail operations through transitional financial assistance to States. (2) Authority The Secretary is authorized to provide grants, consistent with the maximum time period under which temporary financial assistance may be received as developed in subsection (c)(3) of this section, to eligible recipients under this subsection to support the implementation of section 209 of Division B of Public Law 110–432; and replacement of legacy passenger rolling stock and locomotives used on State corridors. (3) Transition assistance framework The Secretary shall develop a transition assistance framework within six months of the enactment of this Act. As part of this framework, the Secretary shall— (A) develop criteria for phasing out activities under subsection (c)(5)(A) of this section by not later than October 1, 2017; and (B) develop policies governing financial terms, repayment conditions, and other terms of financial assistance. (4) Eligible recipients (A) States are eligible to receive grants for activities described in subsections (c)(5)(A) and (c)(5)(B) of this section. (B) States may enter into contractual agreements to allow for Amtrak to receive grants for activities described in subsection (c)(5)(B) of this section. (5) Eligible activities Grants provided under this paragraph may be used to: (A) Provide temporary financial support to eligible recipients in conformance with the operating and capital cost methodologies developed pursuant to section 209 of Division B of Public Law 110–432 , until not later than September 30, 2017. (B) Replace legacy passenger rolling stock and locomotives used for State corridor service as identified in the Five-Year Capital Asset Plans described in section 24317 of this title. (6) Federal share The Federal share of expenditures for activities described in subsections (c)(5)(B) may be up to 80 percent of the total cost. (d) Long-Distance routes (1) Objective The objective of the long-distance routes program is to provide grants to Amtrak for the continuation of services on long-distance routes. (2) Authority The Secretary may provide grants to Amtrak under this subsection, in accordance with the relevant provisions contained in part C, subtitle V of this title. (3) Eligible recipients Amtrak is eligible to receive grants for long-distance route activities. (4) Eligible activities Grants provided for long-distance routes may be expended for the operating and capital costs associated with providing reliable national long-distance passenger rail services to the extent that such expenses cannot be fully supported by the passenger and non-passenger revenues generated by long-distance passenger services, as identified in the Five-Year Business Line Plan described in section 24317 of this title. (5) Federal share The Federal share of expenditures for eligible activities under this subsection may be up to 100 percent of the total cost. (e) National assets, legacy debt, and amtrak positive train control (1) Objective The objective of the national assets program is to provide grants to Amtrak for the operating and capital needs associated with the Nation’s core rail assets; for servicing Amtrak’s legacy debt; and for implementing positive train control on Amtrak routes where Amtrak is fully or partially responsible for compliance with section 20157 of this title. (2) Authority The Secretary may provide grants to Amtrak under this subsection. (3) Eligible recipients Amtrak is eligible to receive grants for national asset activities. (4) Eligible activities Grants provided for national assets may be expended for— (A) operating and capital costs associated with operating and maintaining national reservations, security, mechanical facilities, training centers and other assets associated with Amtrak’s national passenger rail transportation system; (B) implementing positive train control on Amtrak routes where Amtrak is fully or partially responsible for compliance with section 20157 of this title; and (C) making payments for principal and interest payments related to debt incurred prior to fiscal year 2005. (5) Evaluation of national assets operating costs (A) The Secretary shall evaluate the cost and scope of all operating activities defined in paragraph (4)(A) of this subsection, and shall identify which activities are— (i) required in order to ensure the efficient operations of a national passenger rail system; (ii) appropriate for allocation to one of the other Amtrak business lines; and (iii) extraneous to providing an efficient national passenger rail system or are too costly relative to the benefits or performance outcomes they provide. (B) Within 1 year after the completion of the review in subparagraph (A), the Federal Railroad Administration, in consultation with the Amtrak Board of Directors, the governors of each relevant State, and the Mayor of the District of Columbia, or entities representing those officials, shall restructure and/or reallocate national assets operating costs according to the findings of the review in that subparagraph. (6) Federal share The Federal share of expenditures for eligible activities under this subsection may be up to 100 percent of the total cost as identified in the Five-Year Business Line Plan described in section 24317 of this title. (f) Stations—Americans With Disabilities Act Compliance (1) Objective The objective of the program is to bring all stations served by Amtrak into compliance with the Americans with Disabilities Act. (2) Authority The Secretary may provide grants to Amtrak under this subsection. (3) Eligible recipients Amtrak is eligible to receive grants for eligible activities under this subsection. (4) Eligible activities Grants provided under this subsection may be expended for upgrading existing intercity passenger rail stations to comply with the Americans with Disabilities Act. (5) Federal share The Federal share of expenditures for eligible activities under this subsection may be up to 100 percent of the total cost. 24605. Rail service improvement program (a) In general The Secretary of Transportation shall establish a Rail Service Improvement Program under this section. The program shall promote and facilitate development of new passenger rail corridors and improvements to existing passenger and freight rail corridors. The Rail Service Improvement Program consists of programs covering the following: (1) Passenger Corridors. (2) Commuter Railroads—Positive Train Control Compliance. (3) Local Rail Facilities and Safety. (4) Planning. (b) Passenger corridors (1) Objective The objective of the passenger corridors program under this subsection is to build regional networks of passenger rail corridors through construction of new corridors or substantial improvements to existing corridors, including Core Express Corridors, Regional Corridors, and Feeder Corridors, as defined in section 24601 of this title, and to mitigate passenger train congestion at critical rail chokepoints. (2) Authority The Secretary is authorized to provide grants under this subsection to eligible recipients (as specified in paragraph (3)) for eligible corridor development and positive train control projects (as specified in paragraph (4)). (3) Eligible recipients Entities eligible for funding for eligible projects identified in paragraph (4) are the following: (A) A State. (B) A group of States. (C) An Interstate Compact. (D) A Regional Rail Development Authority as defined in chapter 289 of this title. (E) A public agency or publicly-chartered authority established by one or more States and having responsibility for providing high-speed or intercity passenger rail service. (F) Amtrak. (G) Any institution for procuring, managing, or maintaining passenger rail rolling stock and locomotives that may be established pursuant to the outcomes of the review described in section 305 of division B of Public Law 110–432 , as amended. (4) Eligible projects The following projects are eligible to receive funding under this subsection: (A) A capital project that is for the primary benefit of or use in high-performance rail service is eligible to receive passenger corridors grants under this subsection, provided that— (i) the project proposal is consistent with an adopted service development plan or rail hub plan at the time of application; and (ii) the project sponsor has completed, prior to the time of application, the appropriate level of environmental reviews, in compliance with the applicable environmental protection requirements, including the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), its implementing regulations, and applicable procedures. (B) A capital project identified by the Surface Transportation Board as to improve the on-time performance and reliability of intercity rail passenger transportation under section 24308(f) of this title. (C) A capital project designated by the Secretary as being necessary to address congestion challenges affecting passenger rail. (5) Project selection criteria In selecting the recipients of grants for eligible projects under paragraph (4), the Secretary shall: (A) Give preference to proposed projects that are consistent with the investment goals, objectives, policies, and methodologies defined in the following: (i) Any national rail planning guidance or parameters set forth by the Secretary. (ii) Any Regional Rail Development Plans described in section 22602 of this title that are applicable to a project proposal, once available. (iii) Any State Rail Plans, as described in chapter 227 of this title that are applicable to a project proposal. (B) Also consider the following: (i) The project’s system and service performance as experienced by the passenger, including measures such as improved reliability, reduced trip time, additional service frequency to meet anticipated or existing demand, or other significant system and service enhancements. (ii) Cost-benefit analysis of the project, which shall include such factors as the project’s estimated ridership and anticipated user and public benefits, relative to the proposed Federal investment, and consideration of enhanced mobility, environmental, and economic benefits (both for the specific project proposal and in terms of the costs and benefits generated by the specific project within a network context). (iii) Cross-modal benefits generated by the project, including anticipated impacts on air, transit, or highway traffic congestion, capacity, or safety; and cost avoidance or deferral of planned investments in aviation, transit, and highway systems. (iv) Opportunities for operational integration with commuter rail or other rail operations, as well as with regional public transportation providers, including the degree to which the project could allow for coordinated schedules, seamless connections between trains, integrated sales and ticketing systems, and other mechanisms that will benefit passengers and encourage cost containment among rail operators. (v) Equitable financial participation by other beneficiaries of the project, including the degree to which the project’s business plan considers potential private sector participation in the financing, construction, and/or operation of the project. (vi) The recipient’s past performance in developing and delivering similar passenger rail projects. (vii) The recipient’s previous financial contributions to developing high-performance rail services, including any non-Federal contributions in excess of minimum requirements that the sponsor may have provided as a match for previous Federal grants. (viii) The likelihood that new service or expanded service projects, once brought into service, will be able to cover on-going operating costs without the support of grants, within a reasonable time frame. (ix) Whether the recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities. (x) The likelihood that the proposed project is feasible and will result in the anticipated benefits, including the recipient’s means for ensuring the realization of the anticipated benefits. (xi) Any other relevant factors as determined by the Secretary. (6) Planning requirements To be eligible for a Federal grant under this subsection, a project must be specifically identified on a State Rail Plan, as described in section 22702. (7) Federal share of total project costs (A) Total project cost The Secretary shall estimate the total cost of a project under this subsection based on engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. (B) Federal share The Federal share of total project costs under this subsection shall not exceed 80 percent, except where the proposed project was identified through and is consistent with a Regional Rail Development Plan described in chapter 289 of this title, in which case the Federal share of total project costs under this subsection shall not exceed 85 percent. (c) Commuter railroads; positive train control compliance (1) Objective The objective of this program is to promote rail safety by assisting in funding the implementation of positive train control on commuter railroad-owned infrastructure, equipment, and back office systems. (2) Authority The Secretary is authorized to provide grants under this subsection to eligible recipients (as described in paragraph (3)) for eligible positive train control projects (as described in paragraph (4)). (3) Eligible recipients Entities eligible for funding under this subsection include the following: (A) A State. (B) A group of States. (C) A provider of commuter rail passenger transportation, as defined in section 24102 of this title. (4) Eligible projects Projects eligible to receive grants under this subsection include the following: (A) A project for analyzing, designing, developing, procuring, installing, modifying, validating, configuring, and testing of positive train control systems hardware or software system elements on commuter railroad-owned infrastructure, equipment, or back office systems, including the following activities: (i) Dedicated passenger service motive power equipment. (ii) Wayside interface of track-side devices on track owned by eligible recipients. (iii) Back office and dispatch system infrastructure owned and operated by passenger railroads. (iv) Roadway worker terminal devices. (v) Communications system design and components, such as quality of service determinations, physical communications infrastructure, and message integrity, authentication, and non-repudiation mechanisms to protect positive train control system communications. (vi) Track databases for track segments owned by eligible recipients, including the population of such databases with mapping data. (vii) Project management services for oversight and systems engineering of passenger railroad positive train control system design, procurement, implementation, and testing efforts. (viii) Positive train control system training programs for eligible recipients compliant with title 49 of the Code of Federal Regulations, part 236 subpart I. (ix) Engineering support to prepare all necessary documentation required for regulatory compliance and system certification of positive train control systems for eligible recipients. (B) An eligible entity specified in paragraph (4)(A) may not receive funding under this subsection for the following activities: (i) The procurement of radio frequency spectrum. (ii) Positive train control-related costs of any entity not listed in paragraph (3), such as wayside positive train control system components on track segments owned by a Class I freight railroad and over which commuter rail passenger transportation is regularly provided. (5) Project selection criteria The Secretary, in selecting the recipients of grants for eligible projects under paragraph (4), shall consider the following: (A) The scope of positive train control system components necessary to comply with section 20157 of this title, including the number of locomotives owned by the eligible recipient, the number of wayside miles owned by the eligible recipient, the number of positive train control systems with which the eligible recipient’s positive train control system must be interoperable; the scale of the communications infrastructure the eligible recipient requires to support positive train control system operations; and the number of modifications to dispatching and back office systems required to support positive train control system operations. (B) The extent to which the applicant has demonstrated a clear need for Federal financial assistance. (C) The overall completeness and quality of the application, including the comprehensiveness of its supporting documentation. (D) The extent of prior positive train control implementation activities. (E) Any other relevant factors as determined by the Secretary. (6) Federal share of project costs (A) Total project cost The Secretary shall estimate the total cost of a project under this subsection based on engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. (B) Federal share The Federal share of total project costs for grants provided under this subsection shall not exceed 80 percent of the total project cost. (C) Match credit The non-Federal share requirement may be met in whole or in part by eligible expenditures by the railroad carrier made subsequent to October 16, 2008, excluding costs related to the lease or acquisition of radio frequency spectrum. (d) Local rail facilities and safety (1) Objective The objective of the local rail facilities and safety program under this subsection is to mitigate the impacts of railroad operations in local communities, through improvements to highway-rail grade crossings, upgrades to short-line railroad infrastructure, rail line relocation and improvement projects, and training and technical assistance to local governments. (2) Authority The Secretary is authorized to provide grants under this subsection to eligible recipients (as described in paragraph (3)) for eligible freight capacity projects (as described in paragraph (4)). A grant may be used to pay all or a portion of the subsidy and administrative costs of projects eligible for Federal credit assistance under the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 ) ( 45 U.S.C. 801 et seq. ) for a capital project to improve short-line railroad infrastructure. (3) Eligible recipients Entities eligible for funding under this subsection include the following: (A) A State. (B) A group of States. (C) An Interstate Compact. (D) A Regional Rail Development Authority, as defined in chapter 289 of this title. (E) A local government. (F) A metropolitan planning organization. (G) A group of metropolitan planning organizations. (4) Eligible projects Projects eligible to receive grants under this subsection include the following: (A) A capital project to mitigate the impacts of rail infrastructure and operations on a local community, including rail line relocation and improvement and improving the safety of, or eliminating hazards at, a highway-rail grade crossing. (B) A capital project to improve short-line railroad infrastructure. (C) Training and technical assistance to help local governments better understand how to coordinate with railroads on operations and safety issues, and how to integrate railroad issues into land use and transportation planning processes. (5) Project selection criteria In selecting the recipients of grants for freight capacity projects under this subsection, the Secretary shall consider— (A) the extent to which a proposed project— (i) alleviates the impacts of rail operations on local neighborhoods or urbanized areas; (ii) will result in clearly-defined public benefits; (iii) contributes to increasing the competitiveness and state of good repair of short line railroads; (iv) enhances safety at critical highway-rail grade crossings; (v) is compatible with local land use, economic development, and transportation plans and objectives; (vi) includes equitable participation from other beneficiaries in the project’s financing, including the extent to which the project will leverage private or local government investments; and (vii) will increase the reliability and resilience of the nation’s rail system; (B) the past performance of the recipient and other beneficiaries of the project in developing and delivering rail projects; and (C) any other relevant factors as determined by the Secretary. (6) Planning requirements To be eligible for a Federal grant under this subsection, a project must be specifically identified on a State Rail Plan, as described in section 227 of this title. (7) Federal share of project costs (A) Total project cost The Secretary shall estimate the total cost of a project under this subsection based on engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. (B) Federal share The Federal share of total project costs for grants provided under this subsection shall not exceed 80 percent of the total project cost. (e) Planning (1) Objective The objective of the planning program under this subsection is to facilitate the development of comprehensive plans to guide future investments in the nation’s rail systems and to develop the workforce necessary to advance America’s rail industry. (2) Authority The Secretary is authorized to provide grants under this subsection to eligible recipients (as described in paragraph (3)) for eligible planning projects (as described in paragraph (4)). (3) Eligible recipients Entities eligible for funding under this subsection include the following: (A) A State. (B) A group of States. (C) An Interstate Compact. (D) A Regional Rail Development Authority as defined in chapter 289 of this title. (E) A public agency or publicly-chartered authority established by one or more States and having responsibility for providing high-speed or intercity passenger rail service. (F) A local government. (G) A metropolitan planning organization. (H) A group of metropolitan planning organizations. (I) National Academy of Sciences Transportation Research Board, for eligible projects described in paragraph (4)(C). (J) Federal Railroad Administration. (4) Eligible projects Projects eligible to receive grants under this subsection include the following: (A) The preparation of new rail planning documents or any updates to existing rail planning documents including the following: (i) A corridor or rail hub investment plan that consists of both— (I) a corridor service development plan or rail hub plan; and (II) corresponding environmental analyses. (ii) A regional rail development plan, as defined in section 22602 of this title. (iii) A State rail plan, as defined in section 22702 of this title. (iv) Any other national, multi-State, mega-regional, or State planning activity determined by the Secretary to be necessary to advance the development of passenger and freight rail systems. (B) Capital upgrades to the Transportation Technology Center for the purposes of conducting research, development, testing, evaluation, and training for the purpose of enhancing technologies related to the design and deployment of high-performance rail systems. (C) Research conducted by the National Cooperative Rail Research Program, as established by section 24910 of this title. (D) Workforce development activities, coordinated to the extent practical with the existing local training programs supported by the U.S. Department of Transportation, the U.S. Department of Labor, and the U.S. Department of Education, including— (i) interagency agreements with the Manufacturing Extension Partnership at the National Institute of Standards and Technology; (ii) developing and deploying training and technical assistance opportunities for rail stakeholders; and (iii) rail-based University Transportation Centers established by section 5505 of this title. (5) Project selection criteria In selecting the recipients of grants for planning projects under paragraph (4)(A), the Secretary shall consider— (A) the extent to which a proposed planning project— (i) comprehensively addresses both freight and passenger rail issues and needs; (ii) considers high-performance rail’s role within a multimodal context; (iii) follows a planning process that allows for meaningful incorporation of input from affected communities, local governments, regional councils and planning organizations, railroads, transportation modal partners, environmental interests, workforce investment boards, economic development agencies, the public, and other stakeholders, early and throughout the process; (iv) is integrated with other transportation planning efforts; (v) will result in the appropriate documentation and institutional support to proceed with project implementation; and (vi) examines and evaluates non-transportation issues that could be affected by future capital projects, including but not limited to land use, economic development, and social equity; and (B) Any other relevant factors as determined by the Secretary. (6) Federal share of project costs (A) The Federal share of total project costs for a grant provided under paragraph (4)(A) shall not exceed 80 percent of the total project cost. (B) The Federal share of total project costs for a grant or contract provided under this paragraph (4)(B)–(D) may be up to 100 percent of the total project cost. (7) Federally-led rail planning The Secretary may retain up to two percent of the funds made available under section 24602(b) of this title to facilitate the preparation of national planning tools and analyses, multi-State regional rail plans, and service development plans and related environmental reviews for corridors located in multiple States. 24606. Oversight (a) Authority (1) In general (A) Current passenger rail service program The Secretary of Transportation may expend up to one-half percent of the funds made available each fiscal year under section 24602(a) of this title to conduct oversight of and to provide training and technical assistance for the current passenger rail service program. (B) Rail service improvement program The Secretary of Transportation may expend up to 1 percent of the funds made available each fiscal year under section 24602(b) of this title to conduct oversight, training and technical assistance, and project evaluations and assessments for the rail service improvement program. (2) Payment The Federal share of a contract under this subsection shall be 100 percent. (b) Project management oversight (1) Procedures The Secretary shall develop and implement oversight procedures to monitor the effective and efficient use of funds appropriated under this chapter. These procedures shall include such measures as the Secretary deems necessary to identify, mitigate, and monitor risks to successful delivery of projects. These procedures may include— (A) entering into contracts for safety, procurement, management, and financial compliance reviews, audits, and reports of a recipient of funds appropriated under this chapter; (B) conducting site visits to review the progress and implementation of projects under this chapter; and (C) establishing field offices to oversee projects and to provide project delivery assistance to the recipients of financial assistance under this chapter. (2) Access Each recipient of financial assistance under this chapter shall provide the Secretary or the Secretary’s designee, including a contractor the Secretary chooses under paragraph (1)(A) of this subsection, with access to the construction sites and records of the recipient when reasonably necessary. (c) Project evaluation and assessment The Secretary shall develop and implement procedures for evaluating the implementation of projects receiving funds made available under sections 24602(b) of this title and assessing the extent to which these projects achieved intended outcomes and public benefits. These procedures may include— (1) establishing criteria to guide the selection of grants under section 24602(b) for individual assessments; (2) identifying, collecting, and analyzing standardized data and metrics related to grant applications under section 24602 (b) and (c), and to the implementation, outcomes, and public benefits of projects receiving grants under section 24602(b); (3) performing a national evaluation of overall program results and outcomes under section 24602(b); (4) undertaking statistical and cost-benefit analyses to identify strategies for maximizing return on investment of Federal funding in rail research, planning, and construction; and (5) entering into grants or contracts for the purpose of carrying out the procedures established under this paragraph. (d) Training and technical assistance The Secretary shall develop and implement procedures to provide training and technical assistance to grantees and other stakeholders in order to ensure the effective and efficient use of funds appropriated under this chapter. (e) Project delivery documentation To receive Federal financial assistance for a project under this chapter, an applicant shall prepare project delivery documentation, which may include the following: (1) A project management plan. (2) A financial plan. (3) A system safety plan. (4) Agreements between the project sponsor(s) and all relevant entities. (5) A project risk management plan. (6) Other documents identified by the Secretary as relevant to carrying out project management oversight activities under this section. 24607. Financial assistance conditions (a) Financial assistance conditions The Secretary shall require, as a condition of making any financial assistance under section 24605, that such financial assistance shall comply with section 24405 (b), (c), (d), and (e) of this title, as amended, in the same manner that funding under chapter 244 of part C of subtitle V of this title is required to comply with section 24405 (b), (c), (d), and (e) of this title. (b) Local hiring (1) In general A recipient of assistance may advertise, post job opportunities on State job banks and with One Stop centers established under the Workforce Investment Act, and award a contract for construction containing requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed is for construction work required under the contract, provided that— (A) all or part of the construction work performed under the contract occurs in an area that has— (i) a per capita income of 80 percent or less of the national average; or (ii) an unemployment rate that is for the most recent 24-month period for which data are available at least 1 percent greater than the national average unemployment rate; (B) the estimated cost of the project of which the contract is a part is greater than $10 million; (C) the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade, except for individuals who are subject to a apprenticeship program or other training program meeting the requirements of subsection 24605(e) of this title; and (D) the award of such a contract complies with agreements subject to the Railway Labor Act (45 U.S.C. 151–188), if applicable. (2) Advertisement In advertising an awarding a contract under this subsection, the Secretary or a recipient of assistance shall ensure that the requirements contained in the advertisement would not— (A) compromise the quality of the project; (B) unreasonably delay the completion of the project; or (C) unreasonably increase the cost of the project. (3) Available programs The Secretary shall make available to recipients the workforce development and training programs set forth in section 24605(e)(4)(D)(ii) of this title to assist recipients who wish to establish training programs that satisfy the provisions of subsection (b)(1)(C). The Secretary of Labor shall make available its qualifying workforce and training development programs to recipients who wish to establish training programs that satisfy the provisions of section (b)(1)(C). . (b) Conforming amendment The chapter analysis for subtitle V is amended by inserting the following after the item relating to chapter 244: 246. National High-Performance Rail System 24601 . 9103. Amtrak 5-year business planning (a) Amtrak 5-Year business line and capital asset plans Part C of subtitle V is amended by inserting the following new section after section 24316: 24317. Amtrak 5-year business line and capital asset plans (a) In general (1) Draft plans Not later than July 1 of each year, Amtrak shall submit to the Secretary of Transportation draft 5-year business line plans and draft 5-year capital asset plans prepared in accordance with this section. Each draft plan shall include information on historical performance, the subsequent base fiscal year, and the 5-year period that begins with the second full fiscal year after the submission. Amtrak shall, in consultation with the Secretary of Transportation, revise the draft plans, as appropriate. (2) Final plans Not later than February 15 of each year, Amtrak shall submit to Congress and the Secretary of Transportation 5-year business line plans prepared in accordance with this section. These plans shall form the basis for Amtrak’s general and legislative annual report to the President and Congress required by subsection 24315(b) of this title. (3) Updated plans Amtrak shall submit updated 5-year business line plans to Congress and the Secretary of Transportation no later than 60 days after the date of enactment of an appropriations Act for the fiscal year. The updated plan shall reflect the actual appropriations levels or obligation limits for that fiscal year, and any corresponding adjustments to the subsequent fiscal years. Amtrak shall submit updated 5-year capital asset plans to the Secretary of Transportation no later than 60 days after the date of enactment of an appropriations Act for the fiscal year. (b) Amtrak 5-Year business line plans (1) Amtrak business lines Amtrak shall prepare a 5-year business line plan for each of the following business lines: (A) Northeast Corridor, as defined by section 24102(5)(A). (B) State corridors, as defined by section 24102(5)(D). (C) Long-distance routes, as defined by section 24102(5)(C). (D) National assets. (2) Contents of 5-year business line plans The 5-year business line plan for each business line shall include, at a minimum: (A) A statement of Amtrak’s vision, goals, and objectives for the business line, coordinated with any entities that are contributing capital or operating funding to support passenger rail services within those business lines, and aligned with Amtrak’s Strategic Plan. (B) All projected revenues and expenditures for the business line, including identification of revenues and expenditures incurred by— (i) passenger operations; (ii) non-passenger operations that are directly related to the business line, including all ancillary business activities; and (iii) governmental funding sources, including revenues and other funding received from States. (C) Projected ridership levels for all passenger operations. (D) A prioritized list of capital projects, including identified funding sources, that is aligned with the Five-Year Capital Asset Plans described in subsection (c). (E) Estimates of long-term and short-term debt and associated principal and interest payments (both current and forecasts). (F) Annual profit and loss statements and forecasts and balance sheets. (G) Annual cash flow forecasts. (H) A statement describing the methodologies and significant assumptions underlying estimates and forecasts. (I) Specific performance measures that demonstrate measurable improvement year over year in the financial results of Amtrak’s operations. (J) Financial performance for each route within each business line, including descriptions of the cash operating loss and labor productivity for each route. (K) Specific costs and savings estimates resulting from reform initiatives. (L) Prior fiscal year and projected equipment reliability statistics, in coordination with the equipment capital asset plan. (M) Identification and explanation of any adjustments made from previously approved plans. (3) Five-year business line plans process In meeting the requirements of this section, Amtrak shall— (A) coordinate with the development of the capital asset plans described in subsection (c) and ensure integration of each 5-year business line plan with the 5-year capital asset plans; (B) for the Northeast Corridor business line plan, coordinate with the Northeast Corridor Infrastructure and Operations Advisory Commission, States, freight railroads, and commuter operators that access Northeast Corridor infrastructure; and (C) ensure that Amtrak’s annual budget request to Congress is consistent with the information in the 5-year business line plans. (4) Standards to promote financial stability In meeting the requirements of subsection (b) of this section, Amtrak shall— (A) apply sound budgetary practices; and (B) use the categories specified in the financial accounting and reporting system developed under section 203 of Division B of Public Law 110–432 when preparing its 5-year business plans. (c) Amtrak 5-Year capital asset plans (1) Capital asset categories Amtrak shall prepare a 5-year capital asset plan for each of the following capital asset categories: (A) Infrastructure, including all Northeast Corridor assets and other Amtrak-owned infrastructure, and the associated engineering facilities that support the maintenance and improvement of those assets. (B) Passenger rail equipment, including all rolling stock, locomotives, and mechanical shop facilities that are used to overhaul equipment. (C) Stations, including all Amtrak-served passenger rail stations. (D) Corporate, including assets such as information technology, training centers, and other capital items that support the national passenger rail system. (2) Contents of 5-year capital asset plans Each capital asset plan shall include, at a minimum— (A) a summary of Amtrak’s 5-year strategic plan for each asset category, including goals, objectives, any relevant performance metrics, and statutory or regulatory actions affecting the assets; (B) an inventory of existing Amtrak capital assets, including information regarding shared use or ownership, where applicable; and (C) a prioritized list of proposed capital investments that— (i) categorizes each capital project as being primarily associated with— (I) normalized capital replacement; (II) backlog capital replacement; (III) improvements to support service enhancements or growth; or (IV) strategic initiatives that will improve overall operational performance, lower costs, or otherwise improve Amtrak’s corporate efficiency; (ii) identifies the anticipated funding source for each capital project; (iii) describes the anticipated business outcomes of each project, including: an assessment of the potential effect on passenger operations, safety, reliability and resilience, and on Amtrak’s ability to meet regulatory requirements should the project not be funded; and an assessment of the benefits and costs; (iv) identifies where the capital assets are or will be jointly used by intercity passenger rail service and other users, and that identifies the proportionate share of this joint usage; and (v) for projects that are expected to be fully or partially funded through Federal grants, identifies the most appropriate public agency or entity to receive those funds and implement each capital project, in cases where that entity is not Amtrak. (3) 5-year capital asset plan process In meeting the requirements of subsection (c) of this section, Amtrak shall— (A) coordinate with the development of the business lines described in subsection (b)(1) of this section and ensure integration of each 5-year capital asset plan with the 5-year business line plans; and (B) for the infrastructure capital asset plan described in subsection (c)(1)(A) of this section, coordinate with the Northeast Corridor Infrastructure and Operations Advisory Commission, States, freight railroads, and commuter operators that access Northeast Corridor infrastructure. . (b) Identification of duplicative reporting requirements (1) The Secretary shall review existing Amtrak reporting requirements and identify where these requirements are duplicative with the business line and capital asset plans required by this section. (2) Where duplicative reporting requirements are administrative, the Secretary shall eliminate such duplicative requirements. (3) The Secretary shall submit a report to Congress with any recommendations for repealing duplicative Amtrak reporting requirements. 9104. Clarification of grant conditions (a) Rail carriers Section 24405(b) is amended— (1) by striking the title and inserting: (b) Operators and certain railroad transportation service providers deemed rail carriers and employers for certain purposes (1) ; (2) after operations over by inserting , or that performs dispatching, maintenance of way, or signal system work for, or in support of, rail operations that is work performed by employees in crafts and classes recognized by the National Mediation Board on, ; (3) by replacing (1) , (2) , and (3) with (A) , (B) , and (C) ; and (4) by inserting at the end the following: (2) Notwithstanding subsection (b) of this section— (A) an employer engaged primarily in the building and construction industry, as that term is used in section 8(f) of the National Labor Relations Act, which is performing work as a contractor for a rail carrier shall not itself be considered a rail carrier solely as a result of performance of that work; (B) an employer performing work as a contractor or subcontractor consistent with a collective bargaining agreement covering the railroad that owns rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter shall not itself be considered a rail carrier solely as a result of performance of that work; and (C) an employer performing work as a contractor for an operator in accordance with a collective bargaining agreement reached by the operator and a union representing employees in a craft or class recognized by the National Mediation Board covering work performed by that craft or class shall not itself be considered a rail carrier solely as a result of performance of that work. . (b) Grant conditions Section 24405(c) is amended— (1) by striking railroad and inserting railroad or used by a railroad for common carrier service ; and (2) in subsection (c)(2), by striking comply and inserting assure compliance . 9105. Research and development (a) Research, development, testing, and training Section 20108(a) is amended by inserting , operations, and technology after the word safety . (b) Technical correction Section 24910 is amended by striking subsection (e). 9106. Miscellaneous revisions (a) Amtrak indebtedness Division B of Public Law 110–432 , the Passenger Rail Investment and Improvement Act of 2008, is amended— (1) by repealing section 204; and (2) by revising section 205(a) to read as follows: (a) In general The Secretary of the Treasury, in consultation with the Secretary and Amtrak, may make agreements to restructure Amtrak’s indebtedness as of the date of enactment of this Act. This authorization expires on September 30, 2018. . (b) Criminal penalties Section 21311 is amended as follows: (1) Subsection (a) is amended by deleting and willfully . (2) The following is inserted at the end: (c) Criminal penalty A person who knowingly violates a provision of this chapter shall, if the violator’s activities have led or could have led to death or serious injury, be fined under title 18, imprisoned for not more than 5 years, or both. . B Policy 9201. Regional rail development authorities (a) In general Part E of subtitle V is amended by inserting the following after chapter 287: 289 REGIONAL RAIL DEVELOPMENT AUTHORITIES Sec. 28901. Authority and objectives. 28902. Structure. 28903. Activities. 28901. Authority and objectives (a) Authority The Secretary, in consultation with State governors, is authorized to establish Regional Rail Development Authorities (hereafter referred to as RRDAs ) to facilitate the development of multi-State high-performance rail services and to coordinate these investments with other rail, transit, highway, and aviation system services. (b) Objectives The objectives of RRDAs are as follows: (1) To establish multi-State public entities that have the authority to plan and develop high-speed and intercity passenger rail infrastructure and services within regions, in coordination with other planning and investment efforts in the region’s freight rail, transit, highway, and aviation infrastructure. (2) To develop and implement Regional Rail Development Plans that are consistent with the framework established in the National Passenger Rail Development Plan, including establishing a structure for State- and corridor-level planning efforts. (3) To support the prioritization of intercity passenger rail investments, taking into consideration the most logical, efficient, and cost-effective approach for developing the regional passenger rail network. (4) To facilitate interoperability and integration across corridors and States within regions. 28902. Structure (a) Governance (1) Executive director (A) Appointment An RRDA shall be administered by an Executive Director who is appointed by the Secretary. (B) Supervision The Executive Director shall be subject to the supervision and direction of the Secretary consistent with the Executive Director’s responsibilities and other requirements established in this chapter. (C) Expertise The Executive Director shall have demonstrated expertise in the following three areas: (i) Passenger or freight rail operations. (ii) Transportation or infrastructure planning. (iii) Project, public, or corporate finance. (D) Authority The Executive Director shall be the chief executive officer of the RRDA, with such executive functions, powers, and duties as may be prescribed by this chapter or otherwise by the Secretary. (E) Responsibility The Executive Director shall have responsibility for the day-to-day operations of the RRDA. In addition to the other activities required to carry out the authorities and purposes of the RRDA as set forth in this chapter, the Executive Director shall— (i) establish and maintain a passenger rail corridor development and delivery capability that consists of qualified transportation infrastructure planning, financing, and construction professionals directed to develop and deliver projects that are consistent with the strategy and objectives set forth in the Regional Rail Development Plan; and (ii) establish and maintain a technical assistance capability at the RRDA that consists of a staff of qualified project management professionals directed to assist other entities within the region that are implementing high-speed and intercity passenger rail projects. (2) Regional committee (A) Establishment There is established within the RRDA a deliberative body to be known as the Regional Committee . (B) Membership The membership of the Regional Committee may be established and maintained as follows: (i) Governors or their designees from all States in the region. (ii) Other individuals and organizations the Secretary determines have a significant interest in rail issues in the region. (C) Consultation The Regional Committee shall consult with— (i) elected officials and other community leaders in cities or counties affected by high-speed or intercity passenger rail projects; (ii) economic development bodies; (iii) business leaders in the region; (iv) freight carriers with operations in the region; (v) commuter rail agencies with operations in the region; (vi) rail labor; (vii) regional transportation and air quality planning agencies; and (viii) other individuals or organizations that the Regional Committee determines would provide valuable input into the Committee’s deliberations. (D) Responsibilities The Regional Committee shall be responsible for carrying out the following: (i) Proposing to the Secretary the Regional Rail Development Plan within one year of the RRDA’s establishment and making recommendations to the Secretary for biennial updates. (ii) Evaluating Service Development Plans and investment plans and related materials or other analyses prepared by the Executive Director for use in supporting applications to the Secretary for Federal financial assistance and providing the Secretary with recommendations or written objections to the Plan and related materials as appropriate. (iii) Making recommendations to the Secretary for the selection of private sector partners for designing, constructing, operating, or maintaining a corridor. (iv) Evaluating and making recommendations to the Secretary for the RRDA’s Annual Report. (v) Making recommendations to the Secretary concerning the powers outlined in section 28903 of this title. (E) Majority vote An action or decision by the Regional Committee shall be by majority vote of all members, whether in person or in absentia. Each member shall be provided a reasonable opportunity to vote on all matters before the Regional Committee. (F) Publicly accessible meetings All meetings of the Regional Committee shall be publicly-accessible, and the Regional Committee shall also provide regular updates and information on a publicly-accessible Web site. (b) Exemption from federal advisory committee act The Federal Advisory Committee Act shall not apply to Regional Rail Development Authorities. 28903. Activities (a) Corridor development powers Regional Rail Development Authorities established pursuant to this chapter shall have the power to undertake the following corridor development activities: (1) Planning for Core Express Corridors, Regional Corridors, and Feeder Corridors within their jurisdiction, including leading the development of the Regional Rail Development Plan described in section 22602 of this title and identifying proposed corridor alignments and station locations. (2) Planning that addresses transportation issues and infrastructure investments for more efficient movement of people and goods through and among corridors, including consideration of the most cost-effective transportation investments to address a specific region’s or corridor’s transportation needs for both people and goods. (3) Preparing engineering studies, environmental and health analyses, project management plans, financial plans, service development plans and other documentation necessary for developing and delivering new or improved high-speed or intercity passenger rail services. (4) Receiving, managing, and expending Federal financial assistance, including taking responsibility for all relevant reporting or other requirements associated with that financial assistance. (5) Coordinating the financing package for project development and delivery, including structuring and overseeing Federal, State, and local financial assistance funds, and private-sector contributions. (6) Leading construction-related activities for developing the corridor, including issuing requests for proposals/qualifications, managing contractors, entering into contracts with public and private entities for construction of the corridor, and other related activities. (7) Acquiring and preserving right-of-way for dedicated corridors. (8) Providing for or supporting negotiations with infrastructure owners for new or improved shared-use passenger rail corridors. (9) Issuing requests for proposals for projects for the financing, design, construction, operation, and/or maintenance of a high-speed intercity passenger rail system operating within the RRDA’s jurisdictions that shall include those items described in paragraph (a)(4) of section 502 of Division B of Public Law 110–432. (b) Funding eligibility Regional Rail Development Authorities are eligible to receive Federal funding under the Rail Service Improvement Program, as described in section 24605 of this title. . (b) Related amendment The analysis for subtitle V is amended by inserting below the item for chapter 287 the following: 289. Authority and objectives 28901 Structure 28902 Activities 28903 . 9202. Northeast Corridor Infrastructure and Operations Advisory Commission Section 24905 is amended as follows: (1) By revising paragraph (c)(1)(B) to read as follows: (B) develop a proposed timetable for implementing the formula that allows for a phased-in schedule that incorporates a reasonable amount of time for agreements to be negotiated among affected parties, provided that the formula is fully implemented no later than September 30, 2018. . (2) In paragraph (e), by striking 2013 and replacing with 2018 . (3) By inserting paragraph (g) to read as follows: (g) Northeast corridor governance Not later than September 30, 2014, the Commission shall issue a report with recommendations regarding the appropriate mechanisms for managing, improving, financing, operating, and maintaining the Northeast Corridor, including a clear delineation of responsibilities among the Federal government, States, and Amtrak. This report shall be submitted to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives. . 9203. Standardization of passenger equipment and platforms (a) Passenger platforms Where level-entry boarding platforms are required by law— (1) new or rebuilt passenger platforms in Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont shall be constructed and maintained at 48 inches above top of rail; (2) new or rebuilt passenger platforms in Maryland and Pennsylvania shall be constructed and maintained at 15 or 48 inches above top of rail, in coordination with the lowest floor height of equipment serving the platform; (3) new or rebuilt platforms at Union Station in Washington, DC, shall be built and maintained to facilitate level boarding for the equipment serving the platform; (4) all other new or rebuilt passenger rail platforms shall be built and maintained at 15 inches above top of rail; and (5) it is the intent of Congress to expressly preempt State and local laws, regulations and rules on passenger platform height and setback. (b) Exceptions (1) A railroad owner may seek an exception to the passenger platform height requirements by presenting information to the Federal Railroad Administration of an actual conflict between the requirement and an existing piece of equipment operated past the platform location. New or rebuilt passenger rail equipment used on any route with a platform excepted under this subpart must be equipped with an onboard lift. (2) A railroad owner may seek an exception to the passenger platform height requirements by presenting information to the Federal Railroad Administration that it will provide level-boarding at a height other than that provided in subsection (a). (3) A system that is in operation on the date of this enactment that provides a level-boarding platform at a height other than those described in subsection (a) may continue to provide such service. 9204. Next Generation Equipment Committee (a) Revisions to division b of Public Law 110–432 , the Passenger Rail Investment and Improvement Act of 2008 Section 305 of Division B of Public Law 110–432 is amended— (1) in subsection (a), by inserting labor organizations that represent employees who perform overhaul and maintenance work on passenger equipment used for intercity passenger rail transportation, after manufacturers, ; (2) by redesignating paragraph (e) as paragraph (f); and (3) by inserting new paragraph (e) to read as follows— (e) Rail equipment management Not later than December 30, 2013, the Next Generation Corridor Equipment Pool Committee shall issue a report with recommendations regarding the appropriate mechanisms for procuring, managing, and maintaining passenger rail cars and locomotives. This report shall be submitted to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives. . (a) In general Part E of subtitle V is amended by inserting the following after chapter 285: 287 BUY AMERICA PREFERENCES Sec. 28701. Buying goods produced in the United States. 28702. Fraudulent use of Made in America label. 28701. Buying goods produced in the United States (a) Preference (1) In general Notwithstanding any other provision of law, the Secretary shall not obligate any funds authorized to be appropriated to carry out subtitle V of this title and administered by the Department of Transportation, nor shall the Secretary provide direct loans or loan guarantees under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ), unless steel, iron, and manufactured products used in the project are produced in the United States. (2) Non-federal funds Notwithstanding any other provision of law, rolling stock and power train equipment (including train control, communication, traction power equipment, and rolling stock prototypes) purchased with non-Federal funds in connection with a project receiving Federal financial assistance under subtitle V of this title or under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ), shall only use steel, iron, and manufactured products produced in the United States. (b) Waiver The Secretary may waive subsection (a) of this section if the Secretary finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) such materials and products produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; (3) the cost of the domestic material will increase the cost of the end product by more than 25 percent; or (4) when procuring rolling stock or train control systems for high-speed rail, as that term is defined by section 26105(2) of this title— (A) the rolling stock and train control systems are manufactured in the United States substantially from components produced or manufactured in the United States; (B) the rolling stock domestic material improvement plan required by subsection (c) of this section addresses how the domestic material content of the rolling stock and train control systems will be increased over the duration of the contract; and (C) final assembly of the rolling stock and train control systems, not including prototypes that will primarily be used to test the rolling stock or train control systems, has occurred in the United States; and (5) the waiver justifications contained in this subsection at paragraphs (1) through (3) apply to all steel, iron, and manufactured products, including all rolling stock. (c) Rolling stock domestic material improvement plan All rolling stock procurements subject to the requirements of subsection (a) of this section shall require that rolling stock procurement proposals include a plan to increase the domestic material content of the rolling stock over the duration of the contract. This plan shall address increasing the domestic material content of all components and subcomponents. Significant weight shall be given in the proposal evaluation criteria for the plan achieving the most domestic material content. The recipient of the Federal financial assistance shall conduct an audit post-contract award to verify implementation of the plan. As determined appropriate by the Secretary, a certain amount of funding made available for the rolling stock procurement shall be used to implement the plan. (d) Labor costs For purposes of this section, labor costs involved in final assembly shall not be included in calculating the cost of components. (e) Waiver notice and comment If the Secretary determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Secretary shall, before the date on which such finding takes effect— (1) make available to the public on the Department of Transportation’s public Web site the waiver request and a detailed written justification as to why the waiver is needed; (2) publish in the Federal Register a detailed written justification as to why the waiver is needed; and (3) provide notice of such finding and an opportunity for public comment on such finding for a reasonable period of time not to exceed 15 days. (f) Waiver prohibited The Secretary may not make a waiver under subsection (b) of this section for goods produced in a foreign country if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country— (1) has an agreement with the United States Government under which the Secretary has waived the requirement of this section; and (2) has violated the agreement by discriminating against goods to which this section applies that are produced in the United States and to which the agreement applies. (g) State requirements The Secretary may not impose any limitation on assistance provided under subtitle V of this title that restricts a State from imposing more stringent requirements than this section on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries, in projects carried out with that assistance, or restricts a recipient of that assistance from complying with those State-imposed requirements. (h) Certification The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this section if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier. (i) Review A party adversely affected by an agency action under this section shall have the right to seek review under section 702 of title 5. (j) Minimum cost The requirements of this section shall only apply to contracts for which the costs exceed $100,000. (k) International agreements This section shall be applied in a manner consistent with United States obligations under international agreements. 28702. Fraudulent use of Made in America label A person is ineligible to receive a contract or subcontract made with amounts authorized under subtitle V of this title or section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ) if a court or department, agency, or instrumentality of the Government decides the person intentionally— (1) affixed a Made in America label, or a label with an inscription having the same meaning, to goods sold in or shipped to the United States that are used in a project to which this section applies, but were not produced in the United States; or (2) represented that goods described in paragraph (1) of this section were produced in the United States. . (b) Conforming amendment The analysis for subtitle V is amended by inserting below the item for chapter 285 the following: 287. Buy America preferences 28701 . (c) Related amendments (1) Section 24305 is amended by repealing subsection (f). (2) Section 24405(a) is amended by redesignating paragraphs (1) through (11), respectively, as paragraphs (2) through (12). (3) Section 24405(a) is amended by inserting at the beginning the following: (1) This subsection applies to projects that have received Federal funding to carry out this chapter prior to the enactment of the Rail Safety, Reliability, and Efficiency for a Strong America Act. . 9206. Rail passenger transportation liability and mandatory coverage (a) Liability Section 28103 is amended as follows: (1) By revising subsection (a)(2) by inserting, including commuter rail passengers, after the words rail passenger, . (2) By revising subsection (b) to read as follows: (b) Contractual obligations A provider of rail passenger transportation may enter into contracts that allocate financial responsibility for claims and such contracts shall be enforceable notwithstanding any other provision of law, common law or public policy or the nature of the conduct giving rise to the damages or liability. . (3) By inserting at the end of subsection (e) the following: (4) the term rail passenger transportation includes commuter rail transportation. . (b) Mandatory coverage Subsection 28103(c) is amended by striking Amtrak and inserting A provider of rail passenger transportation . 9207. Shared-use study (a) In general The Secretary shall conduct a study, in consultation with, as appropriate, Amtrak, commuter, and other passenger rail operators, rail carriers that own rail infrastructure over which both passenger and freight trains operate, States, the Surface Transportation Board, and groups representing rail passengers and customers, in order to evaluate the shared-use of right-of-way by passenger and freight rail systems and the operational, institutional, and legal structures that would best support improvements to both of these systems. (b) Areas of study In conducting the study, the Secretary shall evaluate— (1) the access and use of railroad right-of-way by a railroad that does not own the right-of-way. This evaluation shall include an analysis of passenger rail services that operate over privately owned right-of-way, including access agreements, costs of access, and the resolution of disputes relating to such access or costs; (2) the effectiveness of existing contractual and regulatory mechanisms for establishing, measuring, and enforcing train performance standards, including identification of gaps in those existing mechanisms and designation of possible new approaches; (3) mechanisms for measuring and maintaining benefits resulting from publically funded freight and/or intercity passenger rail improvements, including those improvements directed towards shared-use right-of-way; (4) standard approaches to operations, capacity, and cost estimation modeling that allows for transparent decision-making while also protecting the proprietary interests of all parties; and (5) other issues identified by the Secretary. (c) Report Within 180 days after the establishment of a dedicated Rail Account within the Transportation Trust Fund, the Secretary shall submit recommendations developed pursuant to subsections (a) and (b), including any legislative proposals consistent with such recommendations, to the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. (d) Implementation The Secretary shall integrate the recommendations submitted under subsection (c) into its financial assistance programs under subtitle V and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ), as appropriate. The Secretary may promulgate a rulemaking or rulemakings to integrate such recommendations, if appropriate. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as necessary to conduct the study described in this section, to remain available until expended. 9208. Disadvantaged business enterprises; disparity and availability study (a) In general The Secretary of Transportation shall continue actions to conduct a nationwide disparity and availability study to establish the availability and utilization of small business concerns owned and controlled by socially and economically disadvantaged individuals ( small disadvantaged businesses ) in publicly funded railroad projects. (b) Definitions In this section: (1) Small business concern The term small business concern means a small business concern as the term is used in section 3 of the Small Business Act (15 U.S.C. 632). The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary for inflation. (2) Socially and economically disadvantaged individual The term socially and economically disadvantaged individual has the meaning given the term in section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section. (c) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report of the results of the nationwide disparity and availability study. (d) Secretarial action If the Secretary finds a strong basis in evidence demonstrating that gender or race discrimination or the effects of such discrimination is adversely impacting the award and administration of contracts to small disadvantaged businesses in Federal financial assistance programs for rail transportation administered by the Department of Transportation, the Secretary should take appropriate and necessary action to remedy the effects of such discrimination. C Planning 9301. National and regional rail planning (a) In general Part B of subtitle V is amended by inserting the following after chapter 225: 226 NATIONAL AND REGIONAL RAIL PLANNING Sec. 22601. National rail development plan. 22602. Regional rail development plans. 22601. National rail development plan (a) In general Within 1 year after the date of the enactment of this Act, the Secretary of Transportation shall complete a National Rail Development Plan. (b) Objectives The objectives of the National Rail Development Plan are— (1) to set forth national policy involving high-performance rail transportation, including presenting priorities and strategies to enhance high-performance rail transportation; and (2) to serve as the foundation for Regional Rail Development Plans. (c) Contents The National Rail Development Plan shall include the following elements: (1) Conditions under which Federal investments in regional networks comprised of Core Express Corridors, Regional Corridors, and/or Feeder Corridors are justified, to include, at a minimum, parameters addressing the following criteria: (A) Population size and density. (B) Projected population and economic growth and changing demographic characteristics. (C) Connections to local rail and bus transit and alternative transportation options. (D) Economic profile of specific markets. (E) Congestion on existing transportation facilities and constraints on future capacity enhancements, in relation to efficient movement of both goods and people. (F) Distances between markets. (G) Geographic characteristics. (2) Conditions under which Federal investments in freight rail projects are justified. (3) A discussion of benefits and costs of potential investments in high-performance rail that considers both user and public benefits and costs from a network perspective, to include factors such as potential passenger ridership or freight tonnage changes, travel time reductions, enhanced mobility benefits, improved reliability and resilience, environmental benefits, economic benefits, and other public benefits, including sensitivity analyses on these factors. (4) Issues related to timing and phasing for the implementation of potential Core Express Corridors, Regional Corridors, and Feeder Corridors. (5) A strategy for investments in intermodal passenger stations that are linked to local public transportation and non-motorized transportation options, and that connect to residential areas, commercial areas, and other nearby transportation facilities. (6) Policies and strategies for improving the competitiveness of the Nation’s freight rail industry. (7) Suggested performance standards for fiscal and operational performance of new and enhanced high-performance rail services by service type. (8) General description of the environmental benefits or impacts related to the expansion of passenger and freight rail networks, including analysis of climate change issues and implications. (9) Recommendations regarding project financing, management and implementation for corridor development, station development, and similar projects. (10) Achievement of the objectives set forth in section 101 of the Rail for America Act. (11) Additional factors that the Secretary deems relevant for achieving the objectives of this subsection. 22602. Regional rail development plans (a) In general The Secretary shall facilitate the development of a Regional Rail Development Plans to describe a multi-State region’s plans for a comprehensive and integrated rail network, including plans for public investment in projects that contribute towards efficient movement and increased capacity for freight, by either Regional Rail Development Authorities, described in chapter 289 of this title, or by any two or more States that have entered into interstate compacts, agreements, or organizations for the purpose of developing such a plan. (b) Federal share incentive A project proposal for Passenger Corridor funding that is consistent with an adopted Regional Rail Development Plan shall be eligible for a higher Federal share of total project costs under the Passenger Corridors program, as described in section 24605(b)(7)(B) of this title, provided that the Regional Rail Development Plan meets the content and process criteria set forth in this paragraph. (c) Contents and process (1) Contents At a minimum, the Regional Rail Development Plan shall contain— (A) a map that shows specific alignment alternatives for the Core Express Corridors, Regional Corridors, and Feeder Corridors that are consistent with the criteria established in the National Rail Development Plan and that identifies potential station locations; (B) an examination of multi-modal corridors and connections that considers the most cost-effective means for achieving the region’s transportation goals and objectives; (C) a phasing plan for developing or upgrading specific segments of the regional network; (D) a capital cost estimate for developing the regional network; (E) an analysis of operating financial forecasts, including high-level ridership and revenue projections; (F) a benefit-cost analysis for the regional network that considers both user and public benefits and costs from a network perspective, to include factors such as ridership projections, travel time reductions, enhanced mobility benefits, improved reliability and resilience, environmental benefits, economic benefits, and other public benefits; (G) an analysis of potential land use policies and strategies for areas near high-performance rail stations; (H) general description of the environmental benefits or impacts that could result from implementation of the Regional Rail Development Plan, including analysis of climate change issues and implications; (I) consideration of the goals, policies, and investment priorities described in highway and transit plans developed by States and metropolitan planning organizations within the region; (J) potential non-Federal funding sources, including a detailed consideration of anticipated private sector participation; (K) a proposal for the institutional and governance structures that will be necessary to develop, operate, and maintain the regional network; (L) other project implementation considerations, including an analysis of the readiness of specific corridors to proceed for development as evidenced by the completion of service development planning and environmental analyses; (M) identification of plans for cost-effective, public investment in shared-benefit projects that contribute toward the efficient movement and increased capacity for freight rail operations; or (N) evidence of support from affected States and local jurisdictions. (2) Process At a minimum, the process for creating the Regional Rail Development Plan shall fulfill the following: (A) Be led and formally adopted either— (i) by a Regional Rail Development Authority, as described in chapter 289 of this title, with the final plan being formally adopted by the Regional Rail Development Authority; or (ii) by two or more States that have jointly engaged in the planning process, with the final plan being formally incorporated into the State Rail Plans, State Freight Plans, and Statewide Transportation Improvement Plans of each State, as applicable. (B) Ensure substantial opportunities for involvement of affected stakeholders, including but not limited to local communities, elected officials, economic development bodies, business leaders, railroad infrastructure owners, regional air quality planning agencies, Amtrak, passenger rail service operators, freight railroad operators, representatives of rail labor, metropolitan planning organizations, governing authorities for transit systems or airports, Tribal governments, and the general public, including local communities, low-income and minority populations, people with disabilities, and older Americans. (C) Provide the stakeholders, including those listed in subparagraph (B), reasonable opportunity to comment on and participate in the development and implementation of the Plans, particularly with regard to subsection (c)(1)(A) and (G). (d) Consistency with national rail development plan (1) Eligibility In order to be eligible for Federal funding through the Passenger Corridor program, a Core Express Corridor, Regional Corridor, or Feeder Corridor identified in the Regional Rail Development Plan shall be consistent with the parameters identified in the National Rail Development Plan. (2) Updates In the event that the Regional Rail Development Plan is adopted prior to publication of the National Rail Development Plan, the Regional Plan shall be updated within 1 year of the publication of the National Plan. (3) Waiver The Secretary may waive requirements under this subsection as necessary to accommodate unique characteristics and situations in specific regions. (e) Financial assistance Planning activities to create a Regional Rail Development Plan are eligible to receive Planning grants, as described in subsection 24605(e) of this title. The Federal share of such a grant shall not exceed 80 percent of the total cost of the project. . (b) Revisions to the united states code Section 103(j) is amended— (1) by striking paragraphs (2) and (3); and (2) by redesignating paragraphs (4) through (7), respectively, as paragraphs (2) through (5). 9302. State rail plans Chapter 227 of Part B is amended— (1) in section 22702(b)(4), by striking 5 years for reapproval by the Secretary and inserting 4 years for acceptance by the Secretary ; and (2) by striking section 22705(a)(12). D Safety Improvements 9401. Requirement for uniform operating rules (a) Amendment Chapter 201, as amended by this Act, is further amended by adding at the end the following new section: 20168. Uniform operating rules (a) In general The Secretary of Transportation may prescribe regulations or issue orders to require in small geographic areas, as defined by the Secretary, where two or more railroads serve as host railroads for joint operations that occur within a small geographic area, all such host railroads in the small geographic area shall develop unified operating rules governing all operations within the small geographic area with respect to the following: (1) signal aspects and indications, such that no aspect represents multiple indications for any operations within the small geographic area; (2) after-arrival mandatory directives, such that the use of an after-arrival mandatory directive is prohibited for any operations in non-signaled territory within the small geographic area; and (3) forms used to convey track authority, such that track authority for any operations within the small geographic area is conveyed using an identical set of forms. (b) Construction Nothing in this section shall be construed to limit the authority of the Secretary to prescribe regulations or issue orders not authorized by this section. . (b) Conforming amendment The chapter analysis for chapter 201 is amended by inserting after the item relating to section 20167 the following: 20168. Uniform operating rules. . 9402. Positive train control (a) Implementation Section 20157(a) is revised to read as follows: (a) Implementation (1) Where implementation required Each Class I railroad carrier and each entity providing regularly scheduled intercity or commuter rail passenger transportation shall develop and submit to the Secretary of Transportation a plan for implementing a positive train control system by December 31, 2015, governing operations on— (A) its main line over which intercity rail passenger transportation or commuter rail passenger transportation, as defined in section 24102, is regularly provided; (B) its main line over which poison- or toxic-by-inhalation hazardous materials, as defined in sections 171.8, 173.115, and 173.132 of title 49, Code of Federal Regulations, are transported; and (C) such other tracks as the Secretary may prescribe by regulation or order. (2) Interoperability and prioritization The plan shall describe how the railroad carrier or other entity subject to subsection (a)(1) will provide for interoperability of the system with movements of trains of other railroad carriers over its lines and shall, to the extent practical, implement the system in a manner that addresses areas of greater risk before areas of lesser risk. The railroad carrier or other entity shall implement a positive train control system in accordance with the plan. (3) Phased implementation The Secretary shall prescribe regulations to establish an implementation schedule for positive train control systems to ensure successful implementation of positive train control systems. (4) Extension authority The Secretary may extend the implementation deadline for one or more railroad carriers or other entities set by regulations prescribed pursuant to paragraph (1) and paragraph (3) if the Secretary determines that— (A) the railroad carrier or other entity has encountered technical programmatic challenges, as identified by the Secretary in his 2012 report to Congress pursuant to subsection (d), and those challenges have negatively affected the successful implementation of positive train control systems; (B) the railroad carrier or other entity has demonstrated substantial progress in deploying positive train control to the extent feasible; (C) the railroad carrier or other entity has taken actions to mitigate risks to successful implementation, as identified by the Secretary in his 2012 report to Congress pursuant to subsection (d); and (D) the railroad carrier or other entity is proceeding to implement its plan expeditiously and successfully. . (b) Provisional operation Section 20157(h) is amended to read as follows: (h) Certification (1) In general The Secretary shall not permit the installation of any positive train control system or component in revenue service unless the Secretary has certified that any such system or component has been approved through the approval process set forth in part 236 of title 49, Code of Federal Regulations, and complies with the requirements of that part. (2) Provisional operation The Secretary may permit, upon submission of a positive train control implementation plan, the provisional operation of a positive train control system or component in revenue service where the development of the system or component has been approved by the Secretary through the process set forth in part 236 of title 49, Code of Federal Regulations, complies with the requirements of that part, and complies with any conditions the Secretary may provide for such provisional operation. . (c) Alternative protection After subsection (i) of section 20157, the following is inserted: (j) Exception for alternative protection (1) Notwithstanding the other provisions of this section, a railroad may petition the Secretary to implement alternative risk mitigation strategies on a particular a main line in place of a positive train control system that would otherwise be required to be installed on such line under this section if such risk mitigation strategies incorporate alternative technology or operating practices. (2) The Secretary may approve a plan to use such alternate risk mitigation strategies under this provision on a main line identified by a railroad carrier or other entity in a plan submitted to the Secretary if the Secretary determines that— (A) the use of the alternative strategies will not result in a decrease in the level of safety from that currently existing on the line; (B) the alternative strategies provide an appropriate level of risk mitigation with regards to preventing the risks identified in subsection (i)(3); and (C) the alternative risk mitigation strategies will be implemented as soon as possible. . (d) Spectrum Chapter 201, as amended by this Act, is further amended by adding the following new section: 20169. Federal communications commission spectrum Not later than 120 days after the date of enactment of the Rail for America Act, the Secretary of Transportation and the Chairman of the Federal Communications Commission shall coordinate to assess spectrum needs and availability for implementing positive train control systems, as defined in section 20157 of this title. Such coordination may include conversations with external stakeholders. . (e) Conforming amendment The chapter analysis for chapter 201, as amended by this Act, is further amended by inserting after the item relating to section 20168 the following: 20169. Federal Communications Commission spectrum. . 9403. Hours of service reform (a) Cessation of effectiveness Chapter 211, as amended by this Act, shall cease to be effective upon the effective date of the regulations mandated by subsection (c) of this section. (b) Amendment Upon the effective date of the regulations mandated by subsection (c) of this section— (1) the first sentence of section 20103(a) is amended to read as follows: (1) The Secretary of Transportation, as necessary, shall prescribe regulations and issue orders for every area of railroad safety— (A) superseding the Federal hours of service laws formerly codified at chapter 211 of this title and regulations and orders pursuant to those laws; and (B) supplementing other regulations and other laws in effect on October 16, 1970. ; and (2) the second sentence of section 20103(a), as amended by this Act, is designated as paragraph (2). (c) Amendment Chapter 201, as amended by this Act, is further amended by adding at the end the following new section: 20171. Fatigue, including hours of service (a) Mandate To convert statute to regulations; nonreviewability; cessation of effectiveness of chapter 211 (1) The Secretary of Transportation shall prescribe regulations embodying the substantive provisions of the Federal hours of service laws codified at sections 21101–21106, 21108, and 21109 of this title and in so doing may make changes necessary to transform those provisions into regulatory form. (2) Notwithstanding any other provision of law, these regulations shall not be subject to judicial review. (3) Upon the effective date of the regulations prescribed under this subsection (a) (the status quo regulations), chapter 211 of this title shall cease to be effective. (b) Authority To prescribe amendments to the status quo regulations After the Secretary has prescribed the regulations mandated by subsection (a) and after the regulations mandated by subsection (a) have become effective, the Secretary may amend the regulations as the Secretary deems necessary in accordance with the Secretary’s general authority under section 20103 of this title, to prevent and mitigate fatigue among individuals performing safety-critical duties in train and engine service, signal or train control service, or dispatching service, whether or not directly employed by a railroad carrier. (c) Determinations committed to the discretion of the secretary In the prescription of any final rule amendment by the Secretary to the regulations mandated by subsection (a), or to the regulations authorized by subsection (b), determinations of scientific knowledge and literature relating to fatigue, scientific and medical research on circadian rhythms and human sleep and rest requirements, reasonable levels of fatigue prevention or fatigue mitigation, and other related determinations and applications of scientific knowledge and literature are committed to the discretion of the Secretary. . (d) Conforming amendment The chapter analysis for chapter 201, as amended by this Act, is further amended by inserting after the item relating to section 20170 the following: 20171. Fatigue, including hours of service. . (e) Amendment Effective upon the effective date of the regulations prescribed under subsection (c) of this section, the following new section of chapter 201, as amended by this Act, shall become effective: 20172. Maximum duty hours and subjects of collective bargaining The number of hours that an employee may be required or allowed to be on duty (a number formerly established by the Federal hours of service laws, formerly codified at chapter 211 of this title, and presently established under section 20171 of this title) is the maximum number of hours consistent with safety. Shorter hours of service and time on duty of an employee are proper subjects for collective bargaining between a railroad carrier and its employees. . (f) Conforming amendment Effective upon the effective date of regulations prescribed under subsection (c) of this section, the following new item in the chapter analysis for chapter 201, as amended by this Act, shall become effective: 20172. Maximum duty hours and subjects of collective bargaining. . 9404. Amendments to the safety appliance law (a) Amendment Section 20303 is amended by adding at the end the following new subsections: (d) Definitions and clarification In subsection (a)— (1) place at which the repairs can be made means— (A) a location with a fixed facility for conducting the repairs that are necessary to bring the defective or insecure vehicle into compliance with this chapter; or (B) a location where a mobile repair truck capable of making the repairs that are necessary to bring the defective or insecure vehicle into compliance with this chapter makes the same kind of repair at the location regularly (as specified in regulations prescribed by the Secretary); (2) nearest means the closest in the forward direction of travel for the defective or insecure vehicle; and (3) movement of a defective or insecure vehicle from a location is necessary to make repairs of the vehicle even though a mobile repair truck capable of making the repairs has gone to the location on an irregular basis (as specified in regulations prescribed by the Secretary). (e) Additional conditions for movement to make repairs The Secretary of Transportation may impose conditions for the movement of a defective or insecure vehicle to make repairs in addition to those conditions set forth in subsection (a) by prescribing regulations or issuing orders as necessary. . (b) Amendment Section 20306 is amended by— (1) striking the word or at the end of subsection (b)(1); (2) striking the period at the end of subsection (b)(2) and inserting ; or ; and (3) adding at the end a new subsection (b)(3) to read as follows: (3) a regulation as contemplated by section 553 of title 5, United States Code. . 9405. Amendments to the locomotive inspection law (a) Amendment Section 20701 is amended by— (1) redesignating its text as subsection (a) with the heading General.— ; (2) striking the word and at the end of subsection (a)(2); (3) striking the period at the end of subsection (a)(3) and inserting ; and ; and (4) adding at the end a new subsection (a)(4) to read as follows: (4) if of a unique design or utilizing a new power source technology, have been approved in advance by the Secretary. . (b) Amendment Section 20701, as amended by this Act, is further amended by adding at the end the following: (b) Definitions For the purposes of subsection (a)(4), the term new power source technology means a technology that employs a source of motive power other than diesel fuel, electricity, or steam. . 9406. Technical amendment to the provision on protection of railroad safety risk reduction program information Section 20119(b) is amended to read as follows: (b) Authority Following completion of the study required under subsection (a), the Secretary, if in the public interest, including public safety and the legal rights of persons injured in railroad accidents, may prescribe a rule subject to notice and comment to address the results of the study. This rule may include provisions that withhold from discovery or admission into evidence (in the course of civil litigation for damages involving personal injury, wrongful death, or property damage against a carrier) any plan, document, report, survey, schedule, list, or data compiled or collected solely for the purpose of developing, evaluating, planning, or implementing a railroad safety risk reduction program required under this chapter, including a railroad carrier’s analysis of its safety risks and its statement of the mitigation measures with which it will address those risks. Any such rule prescribed pursuant to this subsection shall not become effective until 1 year after its adoption. . 9407. Noise emission standards (a) In general Chapter 201, as amended by this Act, is further amended by adding at the end the following: 20170. Noise emission standards The Secretary of Transportation, with the concurrence of the Administrator of the Environmental Protection Agency, may prescribe regulations governing railroad-related noise emission standards for railroad carriers operating on the general railroad system of transportation, including noise related to magnetic levitation systems. Such regulations may consider variances in maximum pass-by noise with respect to the speed of the equipment, account for current engineering best practices, and encourage the use of noise mitigation techniques only where reasonable and the benefits exceed the costs. . (b) Conforming amendment The chapter analysis for chapter 201, as amended by this Act, is further amended by inserting after the item relating to section 20169 the following: 20170. Noise emission standards. . 9408. Technical amendment to chapter 201 general civil penalty provision Section 21301(a)(1), as amended by this Act, is further amended by inserting immediately before the last sentence the following: An act by an individual that causes a railroad carrier to be in violation is a violation. . 9409. Miscellaneous authorization of appropriations (a) Highway-Rail grade crossing safety study There are authorized to be appropriated to the Secretary such sums as necessary to conduct a study of railroad operations that block highway-rail grade crossings, including the severity, frequency, and other characteristics of such blockages, to remain available until expended. For the purpose of this paragraph the term highway-rail grade crossing has the definition given in section 20153(a) of title 49, United States Code. (b) Track electrification study There are authorized to be appropriated to the Secretary such sums as necessary to conduct a study of track electrification and the development of standards for track electrification, to remain available until expended. (c) Train length study There are authorized to be appropriated to the Secretary such sums as necessary to conduct a study of whether train length correlates with the severity and frequency of train derailments, to remain available until expended. 9410. Repair and replacement of damaged track inspection equipment Part A of subtitle V is amended by inserting the following after section 20120: 20121. Repair and replacement of damaged track inspection equipment 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 Railroad 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. . E Miscellaneous Revisions and Technical Corrections 9501. Authorization of appropriations (a) Authorization Section 20117(a) is amended to read as follows: (a) In general There are authorized to be appropriated to the Secretary of Transportation to carry out this subtitle and to carry out responsibilities under chapter 51, as delegated or authorized by the Secretary, the following sums: (1) $185,250,000 for fiscal year 2015. (2) For fiscal year 2016 such sums as may be necessary. (3) For fiscal year 2017 such sums as may be necessary. (4) For fiscal year 2018 such sums as may be necessary. . (b) Technical corrections (1) Section 20117 is amended by striking subsection (e). (2) Section 20154 is amended by striking subsection (i). (3) Section 20158 is amended by striking subsection (c). (4) Section 20167 is amended by striking subsection (e). (5) Chapter 221 is amended by striking section 22108. (6) Section 22301 is amended by striking subsection (g). (7) Chapter 225 is amended by striking section 22505. (8) Chapter 241 is amended by striking section 24104. (9) Section 24105 is amended by striking subsection (e). (10) Chapter 244 is amended by striking section 24406. (11) Chapter 249 is amended by striking section 24909. (12) Section 24910 is amended by striking subsection (e). (13) Section 26104 is amended by— (A) striking subsection (a); and (B) redesignating subsection (b) as (a). (14) Section 26106 is amended by striking subsection (h). 9502. Technical corrections to the Rail Safety Improvement Act of 2008 (a) Federal railroad administration Section 103(c) is amended by striking the Administration shall consider the assignment and maintenance of safety as the highest priority, and inserting the Administration shall consider the improvement of safety as the highest priority, . (b) Assistance to families of passengers involved in rail passenger accidents Section 1139 is amended— (1) in subsection (a)(1) by striking phone number and inserting telephone number ; (2) in subsection (a)(2) by striking post trauma communication with families and inserting post-trauma communication with families ; and (3) in subsection (j)(2) by striking railroad passenger accident and inserting rail passenger accident . (c) Solid waste rail transfer facilities land-Use exemption Section 10909 is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking Clean Railroad Act of 2008, and inserting Clean Railroads Act of 2008, ; and (2) in subsection (e) by striking Upon the granting of petition from the State and inserting Upon the granting of a petition from the State . (d) Rulemaking process Section 20116 is amended— (1) by inserting (1) after unless ; and (2) by inserting (2) before the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part. . (e) Enforcement report Section 20120(a) is amended— (1) in the matter preceding paragraph (1), by striking website and inserting Web site ; (2) in paragraph (1), by striking accident and incidence reporting and inserting accident and incident reporting ; (3) in paragraph (2)(G), by inserting and at the end; and (4) in paragraph (5)(B) by striking Administrative Hearing Officer or Administrative Law Judge and inserting administrative hearing officer or administrative law judge . (f) Railroad safety risk reduction program Section 20156 is amended— (1) in subsection (c) by inserting a comma after In developing its railroad safety risk reduction program ; and (2) in subsection (g) by inserting a comma after good faith and by striking non-profit and inserting nonprofit . (g) Roadway user sight distance at highway-Rail grade crossings Section 20159 is amended by striking the Secretary and inserting the Secretary of Transportation . (h) National crossing inventory Section 20160 is amended— (1) in subsection (a)(1) by striking the word or from the phrase concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates ; and (2) in subsection (b)(1)(A) by striking the word or from the phrase concerning each crossing through which it operates or with respect to the trackage over which it operates . (i) Minimum training standards Section 20162(a)(3) is amended by striking railroad compliance with Federal standards and inserting railroad carrier compliance with Federal standards . (j) Development and use of rail safety technology Section 20164(a) is amended by striking after enactment of the Railroad Safety Enhancement Act of 2008 and inserting after the enactment of the Rail Safety Improvement Act of 2008 . (k) Limitations on financial assistance Section 22106(b) is amended by striking interest thereof and inserting interest thereon . (l) Chapter analysis for chapter 243 The item for section 24316 in the chapter analysis for chapter 243 is amended by striking to assist families of passengers and inserting to address needs of families of passengers . 9503. Technical correction to introductory text of Public Law 110–432 The introductory text of Public Law 110–432 (122 Stat. 4848) is amended by striking Federal Railroad Safety Administration and inserting Federal Railroad Administration . 9504. Technical corrections to uncodified provisions of division A of Public Law 110–432 , the Rail Safety Improvement Act of 2008 (a) Table of contents Section 1(b) of division A of Public Law 110–432 (122 Stat. 4848), is amended— (1) in the item for section 307, by striking website and inserting Web site . (2) in the item for title VI, by striking Solid Waste Facilities and inserting Solid Waste Rail Transfer Facilities ; and (3) in the item for section 602, by striking solid waste transfer facilities and inserting solid waste rail transfer facilities . (b) Definitions Section 2(a)(1) of division A of Public Law 110–432 (122 Stat. 4849) is amended by inserting a comma after the word grade . (c) Railroad safety strategy Section 102(a)(6) of title I of division A of Public Law 110–432 (122 Stat. 4852) is amended— (1) by striking Improving the safety of railroad bridges, tunnels, and related infrastructure to prevent accidents, incidents, injuries and fatalities caused by catastrophic failures and other bridge and tunnel failures. ; and (2) by inserting Improving the safety of railroad bridges, tunnels, and related infrastructure to prevent accidents, incidents, injuries and fatalities caused by catastrophic and other failures of such infrastructure. . (d) Operation lifesaver Section 206(a) of title II of division A of Public Law 110–432 (122 Stat. 4873) is amended by striking Public Service Announcements and inserting public service announcements . (e) Update of federal railroad administration’s web site Section 307 of title III of division A of Public Law 110–432 (122 Stat. 4881) is amended— (1) in the caption by striking WEBSITE and inserting WEB SITE ; and (2) in the text by striking website wherever it appears and inserting Web site . (f) Alcohol and controlled substance testing for maintenance-of-Way employees Section 412 of title IV of division A of Public Law 110–432 (122 Stat. 4889) is amended by striking Secretary of Transportation and inserting Secretary . (g) Tunnel information Section 414 of title IV of division A of Public Law 110–432 is amended— (1) by striking parts 171.8, 173.115, (122 Stat. 4889) and inserting sections 171.8, 173.115, ; and (2) by striking part 1520.5 (122 Stat. 4890) and inserting section 1520.5 . (h) Safety inspections in mexico Section 416 of title IV of division A of Public Law 110–432 (122 Stat. 4890) is amended— (1) in the introductory text by striking Secretary of Transportation and inserting Secretary ; and (2) in paragraph (4) by striking subsection and inserting section . (i) Heading of title VI The heading of title VI of division A of Public Law 110–432 (122 Stat. 4900) is amended by striking SOLID WASTE FACILITIES and inserting SOLID WASTE RAIL TRANSFER FACILITIES . (j) Caption of section 602 The caption of section 602 of title VI of division A of Public Law 110–432 (122 Stat. 4900) is amended by striking SOLID WASTE TRANSFER FACILITIES. and inserting SOLID WASTE RAIL TRANSFER FACILITIES. . 9505. Technical corrections to provisions of the hours of service laws and related civil penalty provision (a) Nonapplication, exemption, and alternate hours of service regime Section 21102(c) is amended— (1) by striking APPLICATION OF HOURS OF SERVICE REGIME TO COMMUTER AND INTERCITY PASSENGER RAILROAD TRAIN EMPLOYEES and inserting APPLICATION OF HOURS OF SERVICE REGIME TO COMMUTER AND INTERCITY PASSENGER RAILROAD TRAIN EMPLOYEES, INCLUDING TOURIST, HISTORIC, SCENIC, OR EXCURSION RAILROAD TRAIN EMPLOYEES ; (2) in paragraph (1) by inserting after commuter rail passenger transportation or intercity rail passenger transportation, the phrase including tourist, historic, scenic, or excursion rail transportation, and by striking including public authorities operating passenger service and inserting including tourist, historic, scenic, or excursion railroad carriers and public authorities operating passenger service ; (3) in paragraph (2) by inserting after commuter rail passenger transportation or intercity rail passenger transportation, the following phrase: including tourist, historic, scenic, or excursion rail transportation, ; (4) in paragraph (3)(A) by inserting after commuter rail passenger transportation or intercity rail passenger transportation a comma and adding the following phrase: including tourist, historic, scenic, or excursion rail transportation, ; and (5) in paragraph (4) by striking the colon after In this subsection and inserting a dash and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C) respectively. (b) Limitations on duty hours of train employees Section 21103(e) is amended by striking such railroads’ efficient operations and on-time performance of its trains. and inserting such a railroad’s efficient operations and on-time performance of its trains. . (c) Regulatory authority Section 21109(b) is amended— (1) by striking REGULATIONS GOVERNING THE HOURS OF SERVICE OF TRAIN EMPLOYEES OF COMMUTER AND INTERCITY PASSENGER RAILROAD CARRIERS and inserting REGULATIONS GOVERNING THE HOURS OF SERVICE OF TRAIN EMPLOYEES OF COMMUTER AND INTERCITY PASSENGER RAILROAD CARRIERS, INCLUDING TRAIN EMPLOYEES OF TOURIST, HISTORIC, SCENIC, OR EXCURSION RAILROAD CARRIERS ; and (2) by inserting after train employees engaged in commuter rail passenger transportation and intercity rail passenger transportation (as defined in section 24102 of this title) a comma and adding the following phrase: including train employees engaged in the transportation by railroad of passengers on tourist, historic, scenic, or excursion railroad carriers, . (d) Chapter 211 violations Section 21303(a)(1) is amended by inserting after the comma in including section 21103 (as such section was in effect on the day before the date of enactment of the Rail Safety Improvement Act of 2008), the following phrase: violating regulations or orders issued pursuant to chapter 211 of this title, . 9506. Elimination of certain FRA reporting requirements Section 102(d) of the Rail Safety Improvement Act of 2008 ( 49 U.S.C. 20101 ) is amended— (1) by striking the heading for paragraph (1); and (2) by striking paragraph (2). X Miscellaneous 10001. Consideration of travel and tourism in award of financial assistance Section 305 of title 49, United States Code, is amended by inserting the following at the end: (c) The Secretary shall— (1) encourage recipients of grants under this title and title 23 to fund projects with the grants that support travel and tourism-based infrastructure within the United States; and (2) consider the potential effects of travel and tourism within the United States among the eligibility criteria when allocating funds for projects funded under the titles. . 10002. Electronic reports and report modification (a) Use of electronic media for DOT reports (1) In general Notwithstanding any other provision of law, the Secretary of Transportation— (A) may not publish any report required or authorized by law in a printed format; and (B) shall publish any such report by posting it on the Department’s Internet Web site in an easily accessible and downloadable electronic format. (2) Exception Paragraph (1) does not apply to any report with respect to which the Secretary determines that— (A) its publication in a printed format is essential to the mission of the Department of Transportation, as determined by the Secretary; or (B) its publication in accordance with the requirements of paragraph (1) would disclose matter— (i) described in section 552(b) of title 5, United States Code; or (ii) the disclosure of which would have an adverse impact on safety or security, as determined by the Secretary. (b) Annual reporting requirement on NTSB most wanted list (1) Section 1135(e)(1) of title 49, United States Code, is amended— (A) by striking On February 1 of each year and inserting Within 120 days after publication of the Board’s annual most wanted list ; and (B) by striking the report due on February 1 of . (2) Section 1135(e)(2) of title 49, United States Code is amended by striking on March 1 of each year and inserting after 30 days following the due date, . 10003. Amendment of Federal Aid in Sport Fish Restoration Act Section 4 of the Federal Aid in Fish Restoration Act ( 16 U.S.C. 777c ) is amended— (1) in subsection (a), by striking fiscal year through 2014, and inserting fiscal year through 2018, ; and (2) in subsection (b)(1)(A), by striking fiscal year through 2014, and inserting fiscal year through 2018, . 10004. Amendments to chapter 537 of title 46 Chapter 537 of title 46, United States Code, is amended— (1) by amending section 53701(13) to read as follows: (13) Secretary The term Secretary means— (A) the Secretary of Commerce with respect to fishing vessels and fishery facilities; and (B) the Secretary of Transportation with respect to other vessels and general shipyard facilities (as defined in section 53733(a) of this title). ; (2) in section 53706(c), by striking Administrator each place it appears and inserting Secretary or Administrator ; (3) in section 53707(b), by striking Administrator and inserting Secretary or Administrator ; (4) in section 53708(a), by striking Administrator each place it appears and inserting Secretary or Administrator ; (5) in section 53710(b)— (A) in paragraph (1), by striking Administrator’s and inserting Secretary’s or Administrator’s ; and (B) in paragraph (2), by striking Administrator and inserting Secretary or Administrator ; (6) in section 53717— (A) in subsection (b), by striking Administrator each place it appears and inserting Secretary or Administrator ; and (B) by striking subsection (c) and redesignating subsection (d) as subsection (c); (7) in section 53718, by striking Administrator and inserting Secretary or Administrator ; (8) in section 53731, by striking Administrator each place it appears and inserting Secretary or Administrator ; (9) in section 53732, by striking Administrator each place it appears and inserting Secretary or Administrator ; and (10) in section 53733, by striking Administrator each place it appears and inserting Secretary or Administrator . 10005. Government-wide authority for electric charging infrastructure at no cost to the taxpayer (a) Establishment of authority for government-Wide provision of electric charging at no cost to the taxpayer Chapter 79 of title 5, United States Code, is amended by adding at the end the following: 7907. Government-wide authority for electric charging infrastructure (a) Definitions (1) Covered individual The term covered individual means— (A) any employee (as defined in section 2105 of this title; (B) a member of a uniformed service; (C) any other individual who performs services for or on behalf of a Federal agency under a contract or subcontract with a Federal agency; or (D) a visitor to a Federal agency or facility. (2) Federal agency The term Federal agency has the meaning given the term Executive agency in section 105 of this title, and also includes the U.S. Postal Service, the Executive Office of the President, the military departments as defined in section 102 of this title, and the judicial branch. (b) Authority (1) In general The head of a Federal agency may— (A) construct, install, operate, and maintain electric charging infrastructure on a reimbursable basis in parking areas under the jurisdiction of the Federal agency; and (B) provide electricity on a reimbursable basis in parking areas under the jurisdiction of the Federal agency for use by privately owned vehicles used by covered individuals. (2) Vendors authorized In carrying out paragraph (1), the head of a Federal agency may use 1 or more vendors on a commission or no-cost contract basis. (3) Use of charging infrastructure for official agency vehicles The head of a Federal agency may use electric charging infrastructure installed for official agency vehicles, to the extent that it is available, to provide electric vehicle charging under this section. (4) Integration of renewable energy The head of a Federal agency may encourage the inclusion of options for generating electricity from renewable energy as part of the design of parking areas for the agency. (c) Fees The head of a Federal agency shall charge fees for electricity provided to covered individuals sufficient to cover the initial and continuing costs to the head of the Federal agency of carrying out this section, including the costs of any vendors or other costs associated with maintaining the electric charging infrastructure. (d) Deposit and availability of fees and commissions Any fees or commissions collected by the head of a Federal agency under this section— (1) shall be— (A) deposited monthly into the account of the Treasury from which the amounts were made available to carry out this section, notwithstanding section 3302(b) of title 31; and (B) transferred from the Treasury to an appropriate account of the agency if the agency operates with a budget outside of the Treasury; and (2) shall be available for obligation by the head of the Federal agency without further appropriation during— (A) the fiscal year collected; and (B) the fiscal year following the fiscal year collected. (e) Parking fees If a Federal agency charges covered employees parking fees for use of a facility that contains an electric vehicle charging facility provided under this section, employees using the electric vehicle charging facility shall pay the same parking fee as covered employees not using the electric vehicle charging facility. . (b) Conforming amendment The analysis for chapter 79 of title 5, United States Code, is amended by adding at the end the following: 7907. Government-Wide Authority for Electric Charging Infrastructure. . XI Budgetary Interpretations and Treatments 11001. Amounts in this Act (a) Contract authority Except as provided in subsection (c), or except as explicitly provided otherwise by this Act or in title 23, United States Code, all funding provided by this Act is contract authority as defined in section 3(2)(A)(iii) of the Congressional Budget and Impoundment Act of 1974 ( 2 U.S.C. 622(2)(A)(iii) ), and all such contract authority shall become available for obligation in the fiscal year specified in this Act and shall remain available until expended. (b) Obligation limits (1) In general Except as explicitly provided, obligation limits established by this Act shall apply for a term of one year and shall apply to obligations to be incurred in the fiscal year specified. Notwithstanding any other provision of law, obligation limits established by this Act shall not apply after 2018. (2) Exceptions (A) Except as provided in this Act, obligation limits established by this Act shall apply to unobligated contract authority from the Highway Trust Fund (other than the Mass Transit Account) prior to the date of enactment of this Act. (B) Obligation limitations established by this Act shall not apply to— (i) unobligated contract authority provided by this Act that could have been obligated in a prior year within any obligation limits applicable to that prior year or was exempt from such limitations, but was not so obligated; (ii) the use of fees authorized or provided by this Act as described in subsection (d); and (iii) reimbursable programs undertaken by accounts established in this Act on behalf of discretionary accounts. (3) Obligation limits in appropriations acts (A) During any session of Congress, appropriations Acts may increase or decrease any obligation limit established by this Act for any current year or budget year prior to fiscal year 2019. (B) During any session of Congress, it shall not be in order in either the House of Representatives or the Senate for any appropriations Act to alter obligation limits under this Act for any outyear. (C) This paragraph is enacted by the Congress— (i) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent therewith; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (c) Liquidating cash There is authorized to be appropriated such sums as may be necessary for the liquidation of obligations incurred under contract authority created by this Act or under contract authority provided from the Highway Trust Fund as it existed in any version at any time prior to the effective date of this Act. (d) Administrative fees The collection and expenditure of fees to cover certain administrative costs under this Act for a fiscal year, if subject to annual appropriations, shall be treated as discretionary offsetting collections and discretionary appropriations, respectively. The collection and expenditure of fees to cover certain administrative costs under this Act for a fiscal year, if not subject to annual appropriations, shall be treated as mandatory offsetting collections and mandatory appropriations, respectively. 11002. Direct or mandatory spending (a) New contract authority; outlays The contract authority created by this Act and the outlays flowing from that contract authority shall be treated as direct spending or mandatory spending for all purposes. (b) Prior funding of the highway trust fund To the extent that contract authority from the Highway Trust Fund enacted prior to the date of the enactment of this Act produces outlays in fiscal year 2015 or beyond, as of October 1, 2014, those outlays shall be treated as direct spending or mandatory spending for all purposes and shall be attributed to the Transportation Trust Fund. 11003. Treatment for statutory PAYGO and related purposes (a) General rule Except as provided in subsection (b), and consistent with the definition of direct spending in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended ( 2 U.S.C. 900(c)(8) ), the following shall be treated as direct spending for purposes of Presidential and Congressional budgets and the Statutory Pay-As-You-Go Act of 2010 (124 Stat. 8): (1) Contract authority of the Transportation Trust Fund under this Act, the outlays flowing therefrom, and the outlays flowing from contract authority previously provided from the Highway Trust Fund. (2) Except as provided in section 11004, 11005, and 11006 of this title, legislation reauthorizing or amending this Act. (b) Transitional rule; excess revenues are dedicated to deficit reduction For purposes of Presidential and Congressional budgets and the Statutory Pay-As-You-Go Act of 2010 (124 Stat. 8), calculations of the budgetary effects of this Act when it is initially enacted shall be as follows: (1) The baseline projections of total outlays for the Highway Trust Fund and of new outlays for the general fund accounts listed in paragraph (2) shall be treated as offsets to the total level of mandatory outlays of the Transportation Trust Fund resulting from this Act. (A) For this purpose, new outlays means outlays that flow from contract authority provided by this Act. (B) For this purpose, the budgetary resources to which the baseline projection shall apply are— (i) the discretionary budget authority provided for fiscal year 2014, for the accounts listed in paragraph (2); and (ii) the obligation limits for fiscal year 2014 applicable to the Highway Trust Fund, and shall be projected under section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended ( 2 U.S.C. 907(c) ), except that contract authority of the Highway Trust Fund not subject to those obligation limits shall be projected under section 257(b) of that Act. (2) The general fund programs referred to in paragraph (1) are— (A) the general fund portion of National Highway Traffic Safety Administration, Operations and Research (69X0650). (B) Federal Transit Administration, Administrative Expenses (69 1120). (C) Federal Transit Administration, Capital Investment Grants (69X1134). (D) Federal Transit Administration, Research and University Research Centers (69X1137). (E) Federal Transit Administration, Technical Assistance and Standards Development (69X1142). (F) Federal Railroad Administration, Operating Subsidy Grants to the National Railroad Passenger Corporation (69X0121). (G) Federal Railroad Administration, Capital and Debt Service Grants to the National Railroad Passenger Corporation (69X0125). (H) National Infrastructure Investments (69X0143). (3) If the increase in net governmental receipts under this Act, relative to current law, exceeds the increase in mandatory outlays under this Act as measured under paragraph (1) for either or both of the periods covered by the five-year scorecard and the ten-year scorecard established by the Statutory Pay-As-You-Go Act of 2010 (124 Stat. 8), the amounts of that excess in net governmental receipts shall not be recorded on those respective scorecards, with the result that this Act shall not be shown as reducing Pay-As-You-Go deficits or increasing Pay-As-You-Go surpluses. 11004. Scoring of changes in contract authority in appropriations Acts Consistent with scorekeeping guidelines in effect from 1990 through the enactment of this Act, changes enacted in annual appropriations Acts during a session of Congress to the level of contract authority provided by this Act shall be scored as discretionary to the extent they increase or decrease contract authority in the current year or the budget year, and shall be scored as mandatory or direct spending to the extent they increase or decrease contract authority in an outyear. To the extent any such change in contract authority produces changes in estimated outlays in any year, that change in outlays shall be scored as discretionary if it is generated by a change in contract authority that is scored as discretionary, and shall be scored as mandatory if it is generated by a change in contract authority that is scored as mandatory. 11005. Scoring of changes in obligation limits in appropriations Acts Determine in consultation with Congress. 11006. Scoring of transfers between the general fund and the Transportation Trust Fund Determine in consultation with Congress. 11007. Special rule (a) In general On September 30, 2018, the Secretary shall permanently cancel, and return such amounts to the Treasury, the contract authority described in subsection (b). (b) Referenced contract authority The contract authority referenced in subsection (a) are those amounts apportioned under the Federal Aid Highway program that are available to each State for fiscal years 2015 through 2018, that are in excess of contract authority provided for fiscal years 2015 through 2018 by section 2001 of this Act. (c) Cancellation method When implementing subsection (a), the cancellation shall be taken from unobligated balances that remain from contract authority enacted before the enactment of this Act. (d) Limited applicability This section shall not apply to contract authority provided by this Act or prior acts that is exempt from obligation limitations.
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113-hr-4835
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I 113th CONGRESS 2d Session H. R. 4835 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Conyers (for himself, Mr. Cohen , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code to stop abusive student loan collection practices in bankruptcy cases.
1. Short title This Act may be cited as the Stopping Abusive Student Loan Collection Practices in Bankruptcy Act of 2014 . 2. Amendment Section 523(d) of title 11 of the United States Code is amended by striking of this section and inserting or the debtor requests a determination of the dischargeability of a debt based on undue hardship under subsection (a)(8) . 3. Effective date; application of amendment (a) Effective date Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act. (b) Application of amendment The amendment made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.
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113-hr-4836
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I 113th CONGRESS 2d Session H. R. 4836 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mrs. Blackburn (for herself and Mr. Wolf ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To prohibit the transfer of unprivileged enemy belligerents to the United States, and for other purposes.
1. Prohibition on transfer of unprivileged enemy belligerents to the United States (a) Prohibition No unprivileged enemy belligerent who is in the custody or under the effective control of the Department of Defense or any other Federal entity may be transferred to or released in the United States. (b) Criminal penalties A person who transfers or releases, or assists in the transfer or release, of an unprivileged enemy belligerent to or within the United States shall be fined in accordance with title 18, United States Code, imprisoned for not more than five years, or both. (c) Unprivileged enemy belligerent For purposes of this Act, the term unprivileged enemy belligerent has the meaning given such term in section 948a(7) of title 10, United States Code, and includes any individual (other than a member of the Armed Forces) under detention at United States Naval Station, Guantanamo Bay, Cuba, as of the date of the enactment of this Act. (d) Citizens of the United States This Act does not apply to any unprivileged enemy belligerent who— (1) is a citizen of the United States; and (2) has engaged in hostilities within the United States and/or its territories. (e) Termination The provisions of this Act shall expire on December 31, 2017.
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113-hr-4837
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I 113th CONGRESS 2d Session H. R. 4837 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Reichert (for himself, Mr. Kind , Mr. Tiberi , Mr. Boustany , Mr. Paulsen , Mr. Neal , Mr. Pascrell , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Education and the Workforce and Small Business , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 and the Small Business Act to expand the availability of employee stock ownership plans in S corporations, and for other purposes.
1. Short title This Act may be cited as the Promotion and Expansion of Private Employee Ownership Act of 2014 . 2. Findings Congress finds that— (1) on January 1, 1998—nearly 25 years after the Employee Retirement Income Security Act of 1974 was enacted and the employee stock ownership plan (hereafter in this section referred to as an ESOP ) was created—employees were first permitted to be owners of subchapter S corporations pursuant to the Small Business Job Protection Act of 1996 ( Public Law 104–188 ); (2) with the passage of the Taxpayer Relief Act of 1997 ( Public Law 105–34 ), Congress designed incentives to encourage businesses to become ESOP-owned S corporations; (3) since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to technology development to services; (4) while estimates show that 40 percent of working Americans have no formal retirement account at all, every United States worker who is an employee-owner of an S corporation company through an ESOP has a valuable qualified retirement savings account; (5) recent studies have shown that employees of ESOP-owned S corporations enjoy greater job stability than employees of comparable companies; (6) studies also show that employee-owners of S corporation ESOP companies have amassed meaningful retirement savings through their S ESOP accounts that will give them the means to retire with dignity; (7) under the Small Business Act ( 15 U.S.C. 631 et seq. ) and the regulations promulgated by the Administrator of the Small Business Administration, a small business concern that was eligible under the Small Business Act for the numerous preferences of the Act is denied treatment as a small business concern after an ESOP acquires more than 49 percent of the business, even if the number of employees, the revenue of the small business concern, and the racial, gender, or other criteria used under the Act to determine whether the small business concern is eligible for benefits under the Act remain the same, solely because of the acquisition by the ESOP; and (8) it is the goal of Congress to both preserve and foster employee ownership of S corporations through ESOPs. 3. Deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by S corporation (a) In general Subparagraph (A) of section 1042(c)(1) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking domestic C corporation and inserting domestic corporation . (b) Effective date The amendment made by subsection (a) shall apply to sales after the date of the enactment of this Act. 4. Deduction for interest on loan to finance purchase of employer securities by an employee stock ownership plan sponsored by an S corporation (a) In general Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 199 the following new section: 200. Interest on certain loans for the purchase of employer securities by an employee stock ownership plan sponsored by an S corporation (a) In general There shall be allowed as a deduction an amount equal to 50 percent of the interest received during the taxable year by a bank (within the meaning of section 581) with respect to a qualified securities acquisition loan. (b) Qualified securities acquisition loan (1) In general For purposes of this section, the term qualified securities acquisition loan means— (A) any loan to an employee stock ownership plan sponsored by an S corporation to the extent that the proceeds are used to acquire employer securities for the plan, and (B) any loan to an S corporation that sponsors an employee stock ownership plan to the extent that the proceeds of such loan are loaned to the employee stock ownership plan to acquire employer securities for the plan. For purposes of this paragraph, the term employer securities has the meaning given such term by section 409(l). (2) Terms Applicable to certain qualified securities acquisition loans For purposes of paragraph (1)(B), the term qualified securities acquisition loan shall not include any loan to the S corporation unless the loan to the employee stock ownership plan has repayment terms which are substantially similar to the terms of the loan to the S corporation. (3) Treatment of refinancings The term qualified securities acquisition loan shall include any loan which is (or is part of a series of loans) used to refinance a loan described in paragraph (1) (after the application of paragraph (2)). (4) Plan must hold more than 50 percent of stock after acquisition or transfer (A) In general A loan shall not be treated as a qualified securities acquisition loan for purposes of this section unless, immediately after an acquisition of employer securities referred to in paragraph (1), the employee stock ownership plan owns more than 50 percent of the outstanding stock of the S corporation. (B) Failure to retain minimum stock interest (i) In general Subsection (a) shall not apply to any interest received with respect to a qualified securities acquisition loan which is allocable to any period during which the employee stock ownership plan does not own stock meeting the requirements of subparagraph (A). (ii) Exception To the extent provided by the Secretary, clause (i) shall not apply to any period if, within 90 days of the first date on which the failure occurred (or such longer period not in excess of 180 days as the Secretary may prescribe), the plan acquires stock which results in its meeting the requirements of subparagraph (A). (C) Stock For purposes of subparagraph (A), the Secretary may provide that warrants, options, contracts to acquire stock, convertible debt interests and other similar interests be treated as stock for 1 or more purposes under subparagraph (A). (c) Employee stock ownership plan For purposes of this section, the term employee stock ownership plan has the meaning given to such term by section 4975(e)(7). . (b) Clerical amendment The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 199 the following new item: Sec. 200. Interest on certain loans for the purchase of employer securities by an employee stock ownership plan sponsored by an S corporation. . (c) Effective date The amendments made by this section shall apply to interest accrued on loans made after the date of the enactment of this Act. 5. Department of the Treasury Technical Assistance Office (a) Establishment required Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary of the Treasury shall establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. (b) Duties of the office The S Corporation Employee Ownership Assistance Office shall provide— (1) education and outreach to inform companies and individuals about the possibilities and benefits of employee ownership of S corporations; and (2) technical assistance to assist S corporations in sponsoring employee stock ownership plans. 6. Small business and employee stock ownership (a) In general The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: 47. Employee stock ownership plans (a) Definitions In this section— (1) the term ESOP means an employee stock ownership plan, as defined in section 4975(e)(7) of the Internal Revenue Code of 1986, as amended; and (2) the term ESOP business concern means a business concern that was a small business concern eligible for a loan or to participate in a contracting assistance or business development program under this Act before the date on which more than 49 percent of the business concern was acquired by an ESOP. (b) Continued eligibility In determining whether an ESOP business concern qualifies as a small business concern for purposes of a loan, preference, or other program under this Act, each ESOP participant shall be treated as directly owning his or her proportionate share of the stock in the ESOP business concern owned by the ESOP. . (b) Effective date The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of the enactment of this Act.
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113-hr-4838
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I 113th CONGRESS 2d Session H. R. 4838 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Fattah (for himself, Mr. Brady of Pennsylvania , Mr. Kelly of Pennsylvania , Mr. Perry , Mr. Thompson of Pennsylvania , Mr. Gerlach , Mr. Meehan , Mr. Fitzpatrick , Mr. Shuster , Mr. Marino , Mr. Barletta , Mr. Rothfus , Ms. Schwartz , Mr. Doyle , Mr. Dent , Mr. Pitts , Mr. Cartwright , and Mr. Murphy of Pennsylvania ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To redesignate the railroad station located at 2955 Market Street in Philadelphia, Pennsylvania, commonly known as 30th Street Station , as the William H. Gray III 30th Street Station .
1. Redesignation The railroad station located at 2955 Market Street in Philadelphia, Pennsylvania, commonly known as 30th Street Station , shall be known and designated as the William H. Gray III 30th Street Station . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the railroad station referred to in section 1 shall be deemed to be a reference to the William H. Gray III 30th Street Station .
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113-hr-4839
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I 113th CONGRESS 2d Session H. R. 4839 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Al Green of Texas (for himself, Mr. Cleaver , Mr. Conyers , Mr. Honda , Mr. Lewis , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Ms. Norton , Ms. Bass , Mr. Bishop of Georgia , Mr. Butterfield , Mr. Carson of Indiana , Mrs. Christensen , Ms. Clarke of New York , Mr. Clay , Mr. Clyburn , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mr. Ellison , Ms. Fudge , Ms. Jackson Lee , Mr. Jeffries , Mr. Johnson of Georgia , Ms. Kelly of Illinois , Mr. Meeks , Ms. Moore , Mr. Payne , Mr. Rangel , Mr. Rush , Mr. David Scott of Georgia , Mr. Thompson of Mississippi , Mr. Veasey , Ms. Waters , Ms. Wilson of Florida , Ms. Brown of Florida , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act to provide for the calculation of the minimum wage based on the Federal poverty threshold for a family of 4, as determined by the Bureau of the Census.
1. Short title This Act may be cited as the Original Living Wage Act of 2014 . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) In 2012, there were over 46,500,000 Americans living in poverty who were separated from the opportunities of the Nation by their income, their housing, and their access to education, jobs, and health care. (2) A full-time worker earning the Federal minimum wage earns an income below the Federal poverty threshold for a family of 4, consisting of 2 adults and 2 children. (3) The average fair market rent for a 1-bedroom apartment is more than 65 percent of the monthly income of a full-time worker earning the minimum wage. In comparison, the generally accepted definition of affordability is for a household to pay not more than 30 percent of its income on housing. (4) Two full-time workers earning the Federal minimum wage earn an income below the national housing wage for a 1-bedroom apartment, the amount a person needs to earn to afford a 1-bedroom apartment at average rent. (b) Sense of Congress It is the sense of Congress that— (1) the Federal minimum wage should, as a minimum, be adjusted every 4 years so that a person working for such a wage may earn an annual income that is not less than 15 percent higher than the Federal poverty threshold for a family of 4, as determined by the Bureau of the Census; (2) the minimum wage should be set at a level high enough to allow 2 full-time minimum wage workers to earn an income above the national housing wage; and (3) Congress, any of the several States, the District of Columbia, any territory or possession of the United States, any Indian tribe, or any local or municipal government of a State may establish a higher minimum wage requirement than that established in this Act. 3. Minimum wage Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended— (1) in subsection (a)(1)— (A) by striking and at the end of subparagraph (B); (B) by inserting and at the end of subparagraph (C); and (C) by inserting at the end the following: (D) not less than the amount determined by the Secretary under subsection (b), beginning September 1, 2014; ; and (2) by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following: (b) (1) Subject to paragraph (2), not later than June 1, 2014, and once every 4 years thereafter, the Secretary shall determine the minimum wage rate applicable under subsection (a)(1) based on the formula described in paragraph (3). The Secretary shall publish such wage rate in the Federal Register not later than October 1 of each year. (2) If the minimum wage rate determined by the Secretary under paragraph (1) would result in a lower minimum wage rate than the minimum wage rate in effect at the time of such determination, the Secretary shall not adjust, pursuant to this subsection, the minimum wage rate so in effect. (3) The minimum wage rate determined by the Secretary under paragraph (1) shall be the minimum hourly wage sufficient for a person working for such wage for 40 hours per week, 52 weeks per year, to earn an annual income in an amount that is 15 percent higher than the Federal poverty threshold for a family of 4, with two children under the age of 18, and living in any of the 48 contiguous States, as published by the Bureau of the Census for the year in which the wage rate is being so determined. .
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113-hr-4840
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I 113th CONGRESS 2d Session H. R. 4840 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Israel 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 II of the Social Security Act to preclude use of the social security account number on Government-issued identification cards issued in connection with Medicare, Medicaid, and SCHIP benefits, and for other purposes.
1. Short title This Act may be cited as the Seniors’ Identity Protection Act of 2014 . 2. Restrictions on use of the social security account number of Government-issued identification cards issued in connection with Medicare, Medicaid, and SCHIP benefits (a) Provisions related to Medicare Section 205(c)(2)(C) of the Social Security Act ( 42 U.S.C. 405(c)(2)(C) ) is amended by adding at the end the following new clause: (x) In the administration of title XVIII, the Secretary may not display an individual’s social security account number (or any derivative of such number) on any personal identification card issued for purposes of carrying out such title. . (b) Provisions related to Medicaid or SCHIP Section 205(c)(2)(C)(vi) of such Act ( 42 U.S.C. 402(c)(2)(C)(iv) ) is amended by adding at the end the following new subclause: (III) Any State or political subdivision thereof (and any person acting as an agent of such an agency or instrumentality), in the administration of any program established under title XIX or XXI, may not display an individual’s social security account number (or any derivative of such number) on any personal identification card issued for purposes of carrying out such program. . (c) Effective date The amendments made by this section shall apply with respect to personal identification cards issued after 1 year after the date of the enactment of this Act. 3. Sense of the Congress relating to use by private entities of the social security account number It is the sense of the Congress that private entities should not use social security account numbers as a method of identification of individuals on documents made available to the public or on personal identification cards issued to individuals by such entities.
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113-hr-4841
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I 113th CONGRESS 2d Session H. R. 4841 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mrs. Kirkpatrick (for herself, Mr. Michaud , Mr. Barber , Mr. Grijalva , and Mr. Pastor of Arizona ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committees on Oversight and Government Reform and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve the access of veterans to medical services from the Department of Veterans Affairs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Improvement of Scheduling System for Health Care Appointments Sec. 101. Independent assessment of the scheduling of appointments and other health care management processes of the Department of Veterans Affairs. Sec. 102. Technology task force on review of scheduling system and software of the Department of Veterans Affairs. TITLE II—Training and Hiring of Health Care Staff Sec. 201. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs. Sec. 202. Clinic management training for managers and health care providers of the Department of Veterans Affairs. Sec. 203. Use of unobligated amounts to hire additional health care providers for the Veterans Health Administration. TITLE III—Improvement of Access to Care from Non-Department of Veterans Affairs Providers Sec. 301. Expanded availability of hospital care and medical services for veterans through the use of contracts. Sec. 302. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department. Sec. 303. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service. Sec. 304. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems. Sec. 305. Sense of Congress on prompt payment by Department of Veterans Affairs. TITLE IV—Health Care Administrative Matters Sec. 401. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs. Sec. 402. Commission on construction projects of the Department of Veterans Affairs. Sec. 403. Commission on Access to Care. Sec. 404. Improved performance metrics for health care provided by Department of Veterans Affairs. Sec. 405. Improved transparency concerning health care provided by Department of Veterans Affairs. Sec. 406. Information for veterans on the credentials of Department of Veterans Affairs physicians. Sec. 407. Information in annual budget of the President on hospital care and medical services furnished through expanded use of contracts for such care. Sec. 408. Prohibition on falsification of data concerning wait times and quality measures at Department of Veterans Affairs. Sec. 409. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance. TITLE V—Health Care Related to Sexual Trauma Sec. 501. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training. Sec. 502. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces. Sec. 503. Reports on military sexual trauma. TITLE VI—Major Medical Facility Leases Sec. 601. Authorization of major medical facility leases. Sec. 602. Budgetary treatment of Department of Veterans Affairs major medical facilities leases. TITLE VII—Veterans Benefits Matters Sec. 701. Expansion of Marine Gunnery Sergeant John David Fry Scholarship. Sec. 702. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans. TITLE VIII—Appropriation and Emergency Designations Sec. 801. Appropriation of emergency amounts. Sec. 802. Emergency designations. I Improvement of Scheduling System for Health Care Appointments 101. Independent assessment of the scheduling of appointments and other health care management processes of the Department of Veterans Affairs (a) Independent assessment (1) Assessment Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with an independent third party to assess the following: (A) The process at each medical facility of the Department of Veterans Affairs for scheduling appointments for veterans to receive hospital care, medical services, or other health care from the Department. (B) The staffing level and productivity of each medical facility of the Department, including the following: (i) The case load of each health care provider of the Department. (ii) The time spent by each health care provider of the Department on matters other than the case load of such health care provider, including time spent by such health care provider as follows: (I) At a medical facility that is affiliated with the Department. (II) Conducting research. (III) Training or overseeing other health care professionals of the Department. (C) The organization, processes, and tools used by the Department to support clinical documentation and the subsequent coding of inpatient services. (D) The purchasing, distribution, and use of pharmaceuticals, medical and surgical supplies, and medical devices by the Department, including the following: (i) The prices paid for, standardization of, and use by the Department of the following: (I) High-cost pharmaceuticals. (II) Medical and surgical supplies. (III) Medical devices. (ii) The use by the Department of group purchasing arrangements to purchase pharmaceuticals, medical and surgical supplies, medical devices, and health care related services. (iii) The strategy used by the Department to distribute pharmaceuticals, medical and surgical supplies, and medical devices to Veterans Integrated Service Networks and medical facilities of the Department. (E) The performance of the Department in paying amounts owed to third parties and collecting amounts owed to the Department with respect to hospital care, medical services, and other health care, including any recommendations of the independent third party as follows: (i) To avoid the payment of penalties to vendors. (ii) To increase the collection of amounts owed to the Department for hospital care, medical services, or other health care provided by the Department for which reimbursement from a third party is authorized. (iii) To increase the collection of any other amounts owed to the Department. (2) Elements of scheduling assessment In carrying out the assessment required by paragraph (1)(A), the independent third party shall do the following: (A) Review all training materials pertaining to scheduling of appointments at each medical facility of the Department. (B) Assess whether all employees of the Department conducting tasks related to scheduling are properly trained for conducting such tasks. (C) Assess whether changes in the technology or system used in scheduling appointments are necessary to limit access to the system to only those employees that have been properly trained in conducting such tasks. (D) Assess whether health care providers of the Department are making changes to their schedules that hinder the ability of employees conducting such tasks to perform such tasks. (E) Assess whether the establishment of a centralized call center throughout the Department for scheduling appointments at medical facilities of the Department would improve the process of scheduling such appointments. (F) Assess whether booking templates for each medical facility or clinic of the Department would improve the process of scheduling such appointments. (G) Recommend any actions to be taken by the Department to improve the process for scheduling such appointments, including the following: (i) Changes in training materials provided to employees of the Department with respect to conducting tasks related to scheduling such appointments. (ii) Changes in monitoring and assessment conducted by the Department of wait times of veterans for such appointments. (iii) Changes in the system used to schedule such appointments, including changes to improve how the Department— (I) measures wait times of veterans for such appointments; (II) monitors the availability of health care providers of the Department; and (III) provides veterans the ability to schedule such appointments. (iv) Such other actions as the independent third party considers appropriate. (3) Timing The independent third party carrying out the assessment required by paragraph (1) shall complete such assessment not later than 180 days after entering into the contract described in such paragraph. (b) Report (1) In general Not later than 90 days after the date on which the independent third party completes the assessment under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the results of such assessment. (2) Publication Not later than 30 days after submitting the report under paragraph (1), the Secretary shall publish such report in the Federal Register and on an Internet website of the Department accessible to the public. 102. Technology task force on review of scheduling system and software of the Department of Veterans Affairs (a) Task force review (1) In general The Secretary of Veterans Affairs shall, through the use of a technology task force, conduct a review of the needs of the Department of Veterans Affairs with respect to the scheduling system and scheduling software of the Department of Veterans Affairs that is used by the Department to schedule appointments for veterans for hospital care, medical services, and other health care from the Department. (2) Agreement (A) In general The Secretary shall seek to enter into an agreement with a technology organization or technology organizations to carry out the review required by paragraph (1). (B) Prohibition on use of funds No Federal funds may be used to assist the technology organization or technology organizations under subparagraph (A) in carrying out the review required by paragraph (1). (b) Report (1) In general Not later than 45 days after the date of the enactment of this Act, the technology task force required under subsection (a)(1) shall submit to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report setting forth the findings and recommendations of the technology task force regarding the needs of the Department with respect to the scheduling system and scheduling software of the Department described in such subsection. (2) Elements The report required by paragraph (1) shall include the following: (A) Proposals for specific actions to be taken by the Department to improve the scheduling system and scheduling software of the Department described in subsection (a)(1). (B) A determination as to whether an existing off-the-shelf system would— (i) meet the needs of the Department to schedule appointments for veterans for hospital care, medical services, and other health care from the Department; and (ii) improve the access of veterans to such care and services. (3) Publication Not later than 30 days after the receipt of the report required by paragraph (1), the Secretary shall publish such report in the Federal Register and on an Internet website of the Department accessible to the public. (c) Implementation of task force recommendations Not later than one year after the receipt of the report required by subsection (b)(1), the Secretary shall implement the recommendations set forth in such report that the Secretary considers are feasible, advisable, and cost-effective. II Training and Hiring of Health Care Staff 201. Treatment of staffing shortage and biannual report on staffing of medical facilities of the Department of Veterans Affairs (a) Staffing shortage (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Inspector General of the Department of Veterans Affairs shall determine, and the Secretary of Veterans Affairs shall publish in the Federal Register, the five occupations of health care providers of the Department of Veterans Affairs for which there is the largest staffing shortage throughout the Department. (2) Recruitment and appointment Notwithstanding sections 3304 and 3309 through 3318 of title 5, United States Code, the Secretary may, upon a determination by the Inspector General under paragraph (1) that there is a staffing shortage throughout the Department with respect to a particular occupation of health care provider, recruit and directly appoint highly qualified health care providers to serve as health care providers in that particular occupation for the Department. (3) Priority in Health Professionals Educational Assistance Program to certain providers Section 7612(b)(5) of title 38, United States Code, is amended— (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 new subparagraph (B): (B) shall give priority to applicants pursuing a course of education or training towards a career in an occupation for which the Secretary has, in the most current determination published in the Federal Register pursuant to section 201(a)(1) of the Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014 , determined that there is one of the largest staffing shortages throughout the Department with respect to such occupation; and . (b) Reports (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each even numbered year thereafter until 2024, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report assessing the staffing of each medical facility of the Department of Veterans Affairs. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) The results of a system-wide assessment of all medical facilities of the Department to ensure the following: (i) Appropriate staffing levels for health care providers to meet the goals of the Secretary for timely access to care for veterans. (ii) Appropriate staffing levels for support personnel, including clerks. (iii) Appropriate sizes for clinical panels. (iv) Appropriate numbers of full-time staff, or full-time equivalents, dedicated to direct care of patients. (v) Appropriate physical plant space to meet the capacity needs of the Department in that area. (vi) Such other factors as the Secretary considers necessary. (B) A plan for addressing any issues identified in the assessment described in subparagraph (A), including a timeline for addressing such issues. (C) A list of the current wait times and workload levels for the following clinics in each medical facility: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (D) A description of the results of the most current determination of the Inspector General under paragraph (1) of subsection (a) and a plan to use direct appointment authority under paragraph (2) of such subsection to fill staffing shortages, including recommendations for improving the speed at which the credentialing and privileging process can be conducted. (E) The current staffing models of the Department for the following clinics, including recommendations for changes to such models: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Such other clinics as the Secretary considers appropriate. (F) A detailed analysis of succession planning at medical facilities of the Department, including the following: (i) The number of positions in medical facilities throughout the Department that are not filled by a permanent employee. (ii) The length of time each position described in clause (i) remained vacant or filled by a temporary or acting employee. (iii) A description of any barriers to filling the positions described in clause (i). (iv) A plan for filling any positions that are vacant or filled by a temporary or acting employee for more than 180 days. (v) A plan for handling emergency circumstances, such as administrative leave or sudden medical leave for senior officials. (G) The number of health care providers of the Department who have been removed from their positions, have retired, or have left their positions for another reason, disaggregated by provider type, during the two-year period preceding the submittal of the report. (H) Of the health care providers specified in subparagraph (G) who have been removed from their positions, the following: (i) The number of such health care providers who were reassigned to other positions in the Department. (ii) The number of such health care providers who left the Department. (iii) The number of such health care providers who left the Department and were subsequently rehired by the Department. 202. Clinic management training for managers and health care providers of the Department of Veterans Affairs (a) Clinic management training program (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, medical facilities of the Department of Veterans Affairs. (2) Elements The clinic management training program required by paragraph (1) shall include the following: (A) Training on how to manage the schedules of health care providers of the Department, including the following: (i) Maintaining such schedules in a manner that allows appointments to be booked at least eight weeks in advance. (ii) Proper planning procedures for vacation, leave, and graduate medical education training schedules. (B) Training on the appropriate number of appointments that a health care provider should conduct on a daily basis, based on specialty. (C) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of insufficient slots. (D) Training on how to properly use the appointment scheduling system of the Department, including any new scheduling system implemented by the Department. (E) Training on how to optimize the use of technology, including the following: (i) Telemedicine. (ii) Electronic mail. (iii) Text messaging. (iv) Such other technologies as specified by the Secretary. (F) Training on how to properly use physical plant space at medical facilities of the Department to ensure efficient flow and privacy for patients and staff. (3) Sunset The clinic management training program required by paragraph (1) shall terminate on the date that is two years after the date on which the Secretary commences such program. (b) Training materials (1) In general After the termination of the clinic management training program required by subsection (a), the Secretary shall provide training materials on health care management to each of the following employees of the Department upon the commencement of employment of such employee: (A) Any manager of a medical facility of the Department. (B) Any health care provider at a medical facility of the Department. (C) Such other employees of the Department as the Secretary considers appropriate. (2) Update The Secretary shall regularly update the training materials required under paragraph (1). 203. Use of unobligated amounts to hire additional health care providers for the Veterans Health Administration (a) In general At the end of each of fiscal years 2014 and 2015, all covered amounts shall be made available to the Secretary of Veterans Affairs to hire additional health care providers for the Veterans Health Administration of the Department of Veterans Affairs, or to carry out any provision of this Act or the amendments made by this Act, and shall remain available until expended. (b) Priority in hiring The Secretary shall prioritize hiring additional health care providers under subsection (a) at medical facilities of the Department and in geographic areas in which the Secretary identifies the greatest shortage of health care providers. (c) Covered amounts defined In this section, the term covered amounts means amounts— (1) that are made available to the Veterans Health Administration of the Department for an appropriations account— (A) under the heading Medical Services ; (B) under the heading Medical Support and Compliance ; or (C) under the heading Medical Facilities ; and (2) that are unobligated at the end of the applicable fiscal year. III Improvement of Access to Care from Non-Department of Veterans Affairs Providers 301. Expanded availability of hospital care and medical services for veterans through the use of contracts (a) Expansion of available care and services (1) Furnishing of care (A) In general Hospital care and medical services under chapter 17 of title 38, United States Code, shall be furnished to an eligible veteran described in subsection (b), at the election of such veteran, through contracts authorized under subsection (d), or any other law administered by the Secretary of Veterans Affairs, with entities specified in subparagraph (B) for the furnishing of such care and services to veterans. (B) Entities specified The entities specified in this subparagraph are the following: (i) Any health care provider that is participating in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (ii) Any Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) )). (iii) The Department of Defense. (iv) The Indian Health Service. (2) Choice of provider An eligible veteran who elects to receive care and services under this section may select the provider of such care and services from among any source of provider of such care and services through an entity specified in paragraph (1)(B) that is accessible to the veteran. (3) Coordination of care and services The Secretary shall coordinate, through the Non-VA Care Coordination Program of the Department of Veterans Affairs, the furnishing of care and services under this section to eligible veterans, including by ensuring that an eligible veteran receives an appointment for such care and services within the current wait-time goals of the Veterans Health Administration for the furnishing of hospital care and medical services. (b) Eligible veterans A veteran is an eligible veteran for purposes of this section if— (1) (A) the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705 of title 38, United States Code; or (B) the veteran is enrolled in such system, has not received hospital care or medical services from the Department, and has contacted the Department seeking an initial appointment from the Department for the receipt of such care or services; and (2) the veteran— (A) (i) attempts, or has attempted under paragraph (1)(B), to schedule an appointment for the receipt of hospital care or medical services under chapter 17 of title 38, United States Code, but is unable to schedule an appointment within the current wait-time goals of the Veterans Health Administration for the furnishing of such care or services; and (ii) elects, and is authorized, to be furnished such care or services pursuant to subsection (c)(2); (B) resides more than 40 miles from the nearest medical facility of the Department, including a community-based outpatient clinic, that is closest to the residence of the veteran; or (C) resides— (i) in a State without a medical facility of the Department that provides— (I) hospital care; (II) emergency medical services; and (III) surgical care rated by the Secretary as having a surgical complexity of standard; and (ii) more than 20 miles from a medical facility of the Department described in clause (i). (c) Election and authorization (1) In general If the Secretary confirms that an appointment for an eligible veteran described in subsection (b)(2)(A) for the receipt of hospital care or medical services under chapter 17 of title 38, United States Code, is unavailable within the current wait-time goals of the Department for the furnishing of such care or services, the Secretary shall, at the election of the eligible veteran— (A) place such eligible veteran on an electronic waiting list described in paragraph (2) for such an appointment; or (B) (i) authorize that such care and services be furnished to the eligible veteran under this section for a period of time specified by the Secretary; and (ii) send a letter to the eligible veteran describing the care and services the eligible veteran is eligible to receive under this section. (2) Electronic waiting list The electronic waiting list described in this paragraph shall be maintained by the Department and allow access by each eligible veteran via www.myhealth.va.gov or any successor website for the following purposes: (A) To determine the place of such eligible veteran on the waiting list. (B) To determine the average length of time an individual spends on the waiting list, disaggregated by medical facility of the Department and type of care or service needed, for purposes of allowing such eligible veteran to make an informed election under paragraph (1). (d) Care and services through contracts (1) In general The Secretary shall enter into contracts with health care providers that are participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) to furnish care and services to eligible veterans under this section. (2) Rates and reimbursement (A) In general In entering into a contract under this subsection, the Secretary shall— (i) negotiate rates for the furnishing of care and services under this section; and (ii) reimburse the health care provider for such care and services at the rates negotiated pursuant to clause (i) as provided in such contract. (B) Limit on rates (i) In general Except as provided in clause (ii), rates negotiated under subparagraph (A)(i) shall not be more than the rates paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u))) or a supplier (as defined in section 1861(d) of such Act (42 U.S.C. 1395x(d))) under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) for the same care and services. (ii) Exception The Secretary may negotiate a rate that is more than the rate paid by the United States as described in clause (i) with respect to the furnishing of care or services under this section to an eligible veteran if the Secretary determines that there is no health care provider that will provide such care or services to such eligible veteran at the rate required under such clause— (I) within the current wait-time goals of the Veterans Health Administration for the furnishing of such care or services; and (II) at a location not more than 40 miles from the residence of such eligible veteran. (C) Limit on collection For the furnishing of care and services pursuant to a contract under this section, a health care provider may not collect any amount that is greater than the rate negotiated pursuant to subparagraph (A)(i). (3) Information on policies and procedures The Secretary shall provide to any health care provider with which the Secretary has entered into a contract under paragraph (1) the following: (A) Information on applicable policies and procedures for submitting bills or claims for authorized care and services furnished to eligible veterans under this section. (B) Access to a telephone hotline maintained by the Department that such health care provider may call for information on the following: (i) Procedures for furnishing care and services under this section. (ii) Procedures for submitting bills or claims for authorized care and services furnished to eligible veterans under this section and being reimbursed for furnishing such care and services. (iii) Whether particular care or services under this section are authorized, and the procedures for authorization of such care or services. (e) Choice card (1) In general For purposes of receiving care and services under this section, the Secretary shall issue to each eligible veteran a card that the eligible veteran shall present to a health care provider that is eligible to furnish care and services under this section before receiving such care and services. (2) Name of card Each card issued under paragraph (1) shall be known as a Choice Card . (3) Details of card Each Choice Card issued to an eligible veteran under paragraph (1) shall include the following: (A) The name of the eligible veteran. (B) An identification number for the eligible veteran that is not the social security number of the eligible veteran. (C) The contact information of an appropriate office of the Department for health care providers to confirm that care and services under this section are authorized for the eligible veteran. (D) Contact information and other relevant information for the submittal of claims or bills for the furnishing of care and services under this section. (E) The following statement: This card is for qualifying medical care outside the Department of Veterans Affairs. Please call the Department of Veterans Affairs phone number specified on this card to ensure that treatment has been authorized. . (4) Information on use of card Upon issuing a Choice Card to an eligible veteran, the Secretary shall provide the eligible veteran with information clearly stating the circumstances under which the veteran may be eligible for care and services under this section. (f) Information on availability of care The Secretary shall provide information to a veteran about the availability of care and services under this section in the following circumstances: (1) When the veteran enrolls in the patient enrollment system of the Department under section 1705 of title 38, United States Code. (2) When the veteran attempts to schedule an appointment for the receipt of hospital care or medical services from the Department but is unable to schedule an appointment within the current wait-time goals of the Veterans Health Administration for delivery of such care or services. (g) Providers To be eligible to furnish care and services under this section, a health care provider must— (1) maintain at least the same or similar credentials and licenses as those credentials and licenses that are required of health care providers of the Department, as determined by the Secretary for purposes of this section; and (2) submit, not less frequently than once each year, verification of such licenses and credentials maintained by such health care provider. (h) Cost-Sharing (1) In general The Secretary shall require an eligible veteran to pay a copayment to the Department for the receipt of care and services under this section only if such eligible veteran would be required to pay such copayment for the receipt of such care and services at a medical facility of the Department. (2) Limitation The copayment required under paragraph (1) shall not be greater than the copayment required of such eligible veteran by the Department for the receipt of such care and services at a medical facility of the Department. (i) Claims processing system (1) In general The Secretary shall provide for an efficient nationwide system for processing and paying bills or claims for authorized care and services furnished to eligible veterans under this section. (2) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations for the implementation of such system. (3) Oversight The Chief Business Office of the Veterans Health Administration shall oversee the implementation and maintenance of such system. (4) Accuracy of payment (A) In general The Secretary shall ensure that such system meets such goals for accuracy of payment as the Secretary shall specify for purposes of this section. (B) Annual report (i) In general Not later than one year after the date of the enactment of this Act, and annually thereafter until the termination date specified in subsection (n), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the goals for accuracy of such system. (ii) Elements Each report required by clause (i) shall include the following: (I) A description of the goals for accuracy for such system specified by the Secretary under subparagraph (A). (II) An assessment of the success of the Department in meeting such goals during the year preceding the submittal of the report. (j) Medical records The Secretary shall ensure that any health care provider that furnishes care and services under this section to an eligible veteran submits to the Department any medical record related to the care and services provided to such eligible veteran by such health care provider for inclusion in the electronic medical record of such eligible veteran maintained by the Department upon the completion of the provision of such care and services to such eligible veteran. (k) Tracking of missed appointments The Secretary shall implement a mechanism to track any missed appointments for care and services under this section by eligible veterans to ensure that the Department does not pay for such care and services that were not furnished to an eligible veteran. (l) Implementation Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe interim final regulations on the implementation of this section and publish such regulations in the Federal Register. (m) Inspector General report Not later than 540 days after the publication of the interim final regulations under subsection (l), the Inspector General of the Department shall submit to the Secretary a report on the results of an audit of the care and services furnished under this section to ensure the accuracy and timeliness of payments by the Department for the cost of such care and services, including any findings and recommendations of the Inspector General. (n) Termination The requirement of the Secretary to furnish care and services under this section terminates on the date that is two years after the date on which the Secretary publishes the interim final regulations under subsection (l). (o) Reports (1) Initial report Not later than 90 days after the publication of the interim final regulations under subsection (l), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the furnishing of care and services under this section that includes the following: (A) The number of eligible veterans who have received care and services under this section. (B) A description of the type of care and services furnished to eligible veterans under this section. (2) Final report Not later than 540 days after the publication of the interim final regulations under subsection (l), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the furnishing of care and services under this section that includes the following: (A) The total number of eligible veterans who have received care and services under this section, disaggregated by— (i) eligible veterans described in subsection (b)(2)(A); and (ii) eligible veterans described in subsection (b)(2)(B). (B) A description of the type of care and services furnished to eligible veterans under this section. (C) An accounting of the total cost of furnishing care and services to eligible veterans under this section. (D) The results of a survey of eligible veterans who have received care or services under this section on the satisfaction of such eligible veterans with the care or services received by such eligible veterans under this section. (E) An assessment of the effect of furnishing care and services under this section on wait times for an appointment for the receipt of hospital care and medical services from the Department. (F) An assessment of the feasibility and advisability of continuing furnishing care and services under this section after the termination date specified in subsection (n). (p) Rules of construction (1) No modification of contracts Nothing in this section shall be construed to require the Secretary to renegotiate contracts for the furnishing of hospital care or medical services to veterans entered into by the Department before the date of the enactment of this Act. (2) Filling and paying for prescription medications Nothing in this section shall be construed to alter the process of the Department for filling and paying for prescription medications. 302. Transfer of authority for payments for hospital care, medical services, and other health care from non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department (a) Transfer of authority (1) In general Effective on October 1, 2014, the Secretary of Veterans Affairs shall transfer the authority to pay for hospital care, medical services, and other health care through non-Department providers to the Chief Business Office of the Veterans Health Administration of the Department of Veterans Affairs from the Veterans Integrated Service Networks and medical centers of the Department of Veterans Affairs. (2) Manner of care The Chief Business Office shall work in consultation with the Office of Clinical Operations and Management of the Department of Veterans Affairs to ensure that care and services described in paragraph (1) are provided in a manner that is clinically appropriate and effective. (3) No delay in payment The transfer of authority under paragraph (1) shall be carried out in a manner that does not delay or impede any payment by the Department for hospital care, medical services, or other health care provided through a non-Department provider under the laws administered by the Secretary. (b) Budgetary effect The Secretary shall, for each fiscal year that begins after the date of the enactment of this Act— (1) include in the budget for the Chief Business Office of the Veterans Health Administration amounts to pay for hospital care, medical services, and other health care provided through non-Department providers, including any amounts necessary to carry out the transfer of authority to pay for such care and services under subsection (a), including any increase in staff; and (2) not include in the budget of each Veterans Integrated Service Network and medical center of the Department amounts to pay for such care and services. 303. Enhancement of collaboration between Department of Veterans Affairs and Indian Health Service (a) Outreach to Tribal-Run medical facilities The Secretary of Veterans Affairs shall, in consultation with the Director of the Indian Health Service, conduct outreach to each medical facility operated by an Indian tribe or tribal organization through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ) to raise awareness of the ability of such facilities, Indian tribes, and tribal organizations to enter into agreements with the Department of Veterans Affairs under which the Secretary reimburses such facilities, Indian tribes, or tribal organizations, as the case may be, for health care provided to veterans eligible for health care at such facilities. (b) Metrics for memorandum of understanding performance The Secretary of Veterans Affairs shall implement performance metrics for assessing the performance by the Department of Veterans Affairs and the Indian Health Service under the memorandum of understanding entitled Memorandum of Understanding between the Department of Veterans Affairs (VA) and the Indian Health Service (IHS) in increasing access to health care, improving quality and coordination of health care, promoting effective patient-centered collaboration and partnerships between the Department and the Service, and ensuring health-promotion and disease-prevention services are appropriately funded and available for beneficiaries under both health care systems. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Director of the Indian Health Service shall jointly submit to Congress a report on the feasibility and advisability of the following: (1) Entering into agreements for the reimbursement by the Secretary of the costs of direct care services provided through organizations receiving amounts pursuant to grants made or contracts entered into under section 503 of the Indian Health Care Improvement Act ( 25 U.S.C. 1653 ) to veterans who are otherwise eligible to receive health care from such organizations. (2) Including the reimbursement of the costs of direct care services provided to veterans who are not Indians in agreements between the Department and the following: (A) The Indian Health Service. (B) An Indian tribe or tribal organization operating a medical facility through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ). (C) A medical facility of the Indian Health Service. (d) Definitions In this section: (1) Indian The terms Indian and Indian tribe have the meanings given those terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). (2) Medical facility of the Indian Health Service The term medical facility of the Indian Health Service includes a facility operated by an Indian tribe or tribal organization through a contract or compact with the Indian Health Service under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ). (3) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 304. Enhancement of collaboration between Department of Veterans Affairs and Native Hawaiian health care systems (a) In general The Secretary of Veterans Affairs shall, in consultation with Papa Ola Lokahi and such other organizations involved in the delivery of health care to Native Hawaiians as the Secretary considers appropriate, enter into contracts or agreements with Native Hawaiian health care systems that are in receipt of funds from the Secretary of Health and Human Services pursuant to grants awarded or contracts entered into under section 6(a) of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705(a) ) for the reimbursement of direct care services provided to eligible veterans as specified in such contracts or agreements. (b) Definitions In this section, the terms Native Hawaiian , Native Hawaiian health care system , and Papa Ola Lokahi have the meanings given those terms in section 12 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11711 ). 305. Sense of Congress on prompt payment by Department of Veterans Affairs It is the sense of Congress that the Secretary of Veterans Affairs shall comply with section 1315 of title 5, Code of Federal Regulations (commonly known as the prompt payment rule ), or any corresponding similar regulation or ruling, in paying for health care pursuant to contracts entered into with non-Department of Veterans Affairs providers to provide health care under the laws administered by the Secretary. IV Health Care Administrative Matters 401. Improvement of access of veterans to mobile vet centers of the Department of Veterans Affairs (a) Improvement of access (1) In general The Secretary of Veterans Affairs shall improve the access of veterans to telemedicine and other health care through the use of mobile vet centers of the Department of Veterans Affairs by providing standardized requirements for the operation of such centers. (2) Requirements The standardized requirements required by paragraph (1) shall include the following: (A) The number of days each mobile vet center of the Department is expected to travel per year. (B) The number of locations each center is expected to visit per year. (C) The number of appointments each center is expected to conduct per year. (D) The method and timing of notifications given by each center to individuals in the area to which such center is traveling, including notifications informing veterans of the availability to schedule appointments at the center. (3) Use of telemedicine The Secretary shall ensure that each mobile vet center of the Department has the capability to provide telemedicine services. (b) Reports Not later than one year after the date of the enactment of this Act, and not later than September 30 each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the following: (1) The use of mobile vet centers to provide telemedicine services to veterans during the year preceding the submittal of the report, including the following: (A) The number of days each mobile vet center was open to provide such services. (B) The number of days each mobile vet center traveled to a location other than the headquarters of the mobile vet center to provide such services. (C) The number of appointments each center conducted to provide such services on average per month and in total during such year. (2) An analysis of the effectiveness of using mobile vet centers to provide health care services to veterans through the use of telemedicine. (3) Any recommendations for an increase in the number of mobile vet centers of the Department. (4) Any recommendations for an increase in the telemedicine capabilities of each mobile vet center. (5) The feasibility and advisability of using temporary health care providers, including locum tenens, to provide direct health care services to veterans at mobile vet centers. (6) Such other recommendations on improvement of the use of mobile vet centers by the Department as the Secretary considers appropriate. 402. Commission on construction projects of the Department of Veterans Affairs (a) Establishment of commission (1) Establishment There is established an Independent Commission on Department of Veterans Affairs Construction Projects (in this section referred to as the Commission ). (2) Membership (A) Voting members The Commission shall be composed of 10 voting members as follows: (i) Three members to be appointed by the President from among members of the National Academy of Engineering who are nominated under subparagraph (B). (ii) Three members to be appointed by the President from among members of the National Institute of Building Sciences who are nominated under subparagraph (B). (iii) Four members to be appointed by the President from among veterans enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, who are nominated under subparagraph (B). (B) Nomination of voting members The majority leader of the Senate, the minority leader of the Senate, the speaker of the House of Representatives, and the minority leader of the House of Representatives shall jointly nominate not less than 24 individuals to be considered by the President for appointment under subparagraph (A). (C) Nonvoting members The Commission shall be composed of the following nonvoting members: (i) The Comptroller General of the United States, or designee. (ii) The Secretary of Veterans Affairs, or designee. (iii) The Inspector General of the Department of Veterans Affairs, or designee. (D) Date of appointment of members The appointments of the members of the Commission under subparagraph (A) shall be made not later than 14 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than five days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chairperson. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of commission (1) Review The Commission shall review current construction and maintenance projects and the medical facility leasing program of the Department of Veterans Affairs to identify any problems experienced by the Department in carrying out such projects and program. (2) Reports (A) Commission report Not later than 120 days after the date of the enactment of this Act, the Commission shall submit to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report setting forth recommendations, if any, for improving the manner in which the Secretary carries out the projects and program specified in paragraph (1). (B) Department report Not later than 60 days after the submittal of the report under subparagraph (A), the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of implementing the recommendations of the Commission, if any, included in the report submitted under such subparagraph, including a timeline for the implementation of such recommendations. (c) Powers of commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of commission The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(2)(A). 403. Commission on Access to Care (a) Establishment of commission (1) In general There is established the Commission on Access to Care (in this section referred to as the Commission ) to examine the access of veterans to health care from the Department of Veterans Affairs and strategically examine how best to organize the Veterans Health Administration, locate health care resources, and deliver health care to veterans during the 10- to 20-year period beginning on the date of the enactment of this Act. (2) Membership (A) Voting members The Commission shall be composed of 10 voting members who are appointed by the President as follows: (i) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (ii) At least one member from among persons who have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000. (iii) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) )). (iv) At least two members from among persons who are familiar with the Veterans Health Administration but are not current employees of the Veterans Health Administration. (v) At least two members from among persons who are veterans or eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs. (B) Nonvoting members (i) In general In addition to members appointed under subparagraph (A), the Commission shall be composed of 10 nonvoting members who are appointed by the President as follows: (I) At least two members who represent an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (II) At least one member from among persons who have experience as senior management for a private integrated health care system with an annual gross revenue of more than $50,000,000. (III) At least one member from among persons who are familiar with government health care systems, including those systems of the Department of Defense, the Indian Health Service, and Federally-qualified health centers (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) )). (IV) At least two members from among persons who are familiar with the Veterans Health Administration but are not current employees of the Veterans Health Administration. (V) At least two members from among persons who are veterans or eligible for hospital care, medical services, or other health care under the laws administered by the Secretary of Veterans Affairs. (ii) Additional nonvoting members In addition to members appointed under subparagraph (A) and clause (i), the Commission shall be composed of the following nonvoting members: (I) The Comptroller General of the United States, or designee. (II) The Inspector General of the Department of Veterans Affairs, or designee. (C) Date The appointments of members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. (3) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (4) Initial meeting Not later than 15 days after the date on which seven voting members of the Commission have been appointed, the Commission shall hold its first meeting. (5) Meetings The Commission shall meet at the call of the Chairperson. (6) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and Vice Chairperson The Commission shall select a Chairperson and Vice Chairperson from among its members. (b) Duties of commission (1) Evaluation and assessment The Commission shall undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs. (2) Matters evaluated and assessed The matters evaluated and assessed by the Commission shall include the following: (A) The appropriateness of current standards of the Department of Veterans Affairs concerning access to health care. (B) The measurement of such standards. (C) The appropriateness of performance standards and incentives in relation to standards described in subparagraph (A). (D) Staffing levels throughout the Veterans Health Administration and whether they are sufficient to meet current demand for health care from the Administration. (E) The results of the assessment conducted by an independent third party under section 101(a), including any data or recommendations included in such assessment. (3) Reports The Commission shall submit to the President, through the Secretary of Veterans Affairs, reports as follows: (A) Not later than 90 days after the date of the initial meeting of the Commission, an interim report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (B) Not later than 180 days after the date of the initial meeting of the Commission, a final report on— (i) the findings of the Commission with respect to the evaluation and assessment required by this subsection; and (ii) such recommendations as the Commission may have for legislative or administrative action to improve access to health care through the Veterans Health Administration. (c) Powers of the commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section. (2) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this section. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Commission personnel matters (1) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff (A) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Termination of the commission The Commission shall terminate 30 days after the date on which the Commission submits its report under subsection (b)(3)(B). (f) Funding The Secretary of Veterans Affairs shall make available to the Commission from amounts appropriated or otherwise made available to the Secretary such amounts as the Secretary and the Chairperson of the Commission jointly consider appropriate for the Commission to perform its duties under this section. (g) Executive action (1) Action on recommendations The President shall require the Secretary of Veterans Affairs and such other heads of relevant Federal departments and agencies to implement each recommendation set forth in a report submitted under subsection (b)(3) that the President— (A) considers feasible and advisable; and (B) determines can be implemented without further legislative action. (2) Reports Not later than 60 days after the date on which the President receives a report under subsection (b)(3), the President shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives and such other committees of Congress as the President considers appropriate a report setting forth the following: (A) An assessment of the feasibility and advisability of each recommendation contained in the report received by the President. (B) For each recommendation assessed as feasible and advisable under subparagraph (A) the following: (i) Whether such recommendation requires legislative action. (ii) If such recommendation requires legislative action, a recommendation concerning such legislative action. (iii) A description of any administrative action already taken to carry out such recommendation. (iv) A description of any administrative action the President intends to be taken to carry out such recommendation and by whom. 404. Improved performance metrics for health care provided by Department of Veterans Affairs (a) Prohibition on use of scheduling and wait-Time metrics in determination of performance awards The Secretary of Veterans Affairs shall ensure that scheduling and wait-time metrics or goals are not used as factors in determining the performance of the following employees for purposes of determining whether to pay performance awards to such employees: (1) Directors, associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads of medical centers of the Department of Veterans Affairs. (2) Directors, assistant directors, and quality management officers of Veterans Integrated Service Networks of the Department of Veterans Affairs. (b) Modification of performance plans (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary shall modify the performance plans of the directors of the medical centers of the Department and the directors of the Veterans Integrated Service Networks to ensure that such plans are based on the quality of care received by veterans at the health care facilities under the jurisdictions of such directors. (2) Factors In modifying performance plans under paragraph (1), the Secretary shall ensure that assessment of the quality of care provided at health care facilities under the jurisdiction of a director described in paragraph (1) includes consideration of the following: (A) Recent reviews by the Joint Commission (formerly known as the Joint Commission on Accreditation of Healthcare Organizations ) of such facilities. (B) The number and nature of recommendations concerning such facilities by the Inspector General of the Department in reviews conducted through the Combined Assessment Program (CAP), in the reviews by the Inspector General of community based outpatient clinics and primary care clinics, and in reviews conducted through the Office of Healthcare Inspections during the two most recently completed fiscal years. (C) The number of recommendations described in subparagraph (B) that the Inspector General of the Department determines have not been carried out satisfactorily with respect to such facilities. (D) Reviews of such facilities by the Commission on Accreditation of Rehabilitation Facilities. (E) The number and outcomes of administrative investigation boards, root cause analysis, and peer reviews conducted at such facilities during the fiscal year for which the assessment is being conducted. (F) The effectiveness of any remedial actions or plans resulting from any Inspector General recommendations in the reviews and analyses described in subparagraphs (A) through (E). (3) Additional leadership positions To the degree practicable, the Secretary shall assess the performance of other employees of the Department in leadership positions at Department medical centers, including associate directors, assistant directors, deputy directors, chiefs of staff, and clinical leads, and in Veterans Integrated Service Networks, including assistant directors and quality management officers, using factors and criteria similar to those used in the performance plans modified under paragraph (1). (c) Removal of certain performance goals For each fiscal year that begins after the date of the enactment of this Act, the Secretary shall not include in the performance goals of any employee of a Veterans Integrated Service Network or medical center of the Department any performance goal that might disincentivize the payment of Department amounts to provide hospital care, medical services, or other health care through a non-Department provider. 405. Improved transparency concerning health care provided by Department of Veterans Affairs (a) Publication of wait times (1) Goals (A) Initial Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish in the Federal Register, and on an Internet website accessible to the public of each medical center of the Department of Veterans Affairs, the wait-time goals of the Department for the scheduling of an appointment by a veteran for the receipt of health care from the Department. (B) Subsequent changes (i) In general If the Secretary modifies the wait-time goals described in subparagraph (A), the Secretary shall publish the new wait-times goals— (I) on an Internet website accessible to the public of each medical center of the Department not later than 30 days after such modification; and (II) in the Federal Register not later than 90 days after such modification. (ii) Effective date Any modification under clause (i) shall take effect on the date of publication in the Federal Register. (C) Goals described Wait-time goals published under this paragraph shall include goals for primary care appointments, specialty care appointments, and appointments based on the general severity of the condition of the veteran. (2) Wait times at medical centers of the Department Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish on an Internet website accessible to the public of each medical center of the Department the current wait time for an appointment for primary care and specialty care at the medical center. (b) Publicly available database of patient safety, quality of care, and outcome measures (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and make available to the public a comprehensive database containing all applicable patient safety, quality of care, and outcome measures for health care provided by the Department that are tracked by the Secretary. (2) Update frequency The Secretary shall update the database required by paragraph (1) not less frequently than once each year. (3) Unavailable measures For all measures that the Secretary would otherwise publish in the database required by paragraph (1) but has not done so because such measures are not available, the Secretary shall publish notice in the database of the reason for such unavailability and a timeline for making such measures available in the database. (4) Accessibility The Secretary shall ensure that the database required by paragraph (1) is accessible to the public through the primary Internet website of the Department and through each primary Internet website of a Department medical center. (c) Hospital Compare website of Department of Health and Human Services (1) Agreement required Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into an agreement with the Secretary of Health and Human Services for the provision by the Secretary of Veterans Affairs of such information as the Secretary of Health and Human Services may require to report and make publicly available patient quality and outcome information concerning Department of Veterans Affairs medical centers through the Hospital Compare Internet website of the Department of Health and Human Services or any successor Internet website. (2) Information provided The information provided by the Secretary of Veterans Affairs to the Secretary of Health and Human Services under paragraph (1) shall include the following: (A) Measures of timely and effective health care. (B) Measures of readmissions, complications of death, including with respect to 30-day mortality rates and 30-day readmission rates, surgical complication measures, and health care related infection measures. (C) Survey data of patient experiences, including the Hospital Consumer Assessment of Healthcare Providers and Systems or any similar successor survey developed by the Department of Health and Human Services. (D) Any other measures required of or reported with respect to hospitals participating in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (3) Unavailable information For any applicable metric collected by the Department of Veterans Affairs or required to be provided under paragraph (2) and withheld from or unavailable in the Hospital Compare Internet website, the Secretary of Veterans Affairs shall publish a notice in the Federal Register stating the reason why such metric was withheld from public disclosure and a timeline for making such metric available, if applicable. (d) Comptroller General review of publicly available safety and quality metrics Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the safety and quality metrics made publicly available by the Secretary of Veterans Affairs under this section to assess the degree to which the Secretary is complying with the provisions of this section. 406. Information for veterans on the credentials of Department of Veterans Affairs physicians (a) Improvement of Our Providers Internet website links (1) Availability through Department of Veterans Affairs homepage A link to the Our Providers health care providers database of the Department of Veterans Affairs, or any successor database, shall be available on and through the homepage of the Internet website of the Department that is accessible to the public. (2) Information on location of residency training The Internet website of the Department that is accessible to the public shall include under the link to the Our Providers health care providers database of the Department, or any successor database, the location of residency training of each licensed physician of the Department. (3) Information on physicians at particular facilities The Our Providers health care providers database of the Department, or any successor database, shall identify whether each licensed physician of the Department is a physician in residency. (b) Information on credentials of physicians for veterans undergoing surgical procedures (1) In general Each veteran who is undergoing a surgical procedure by or through the Department shall be provided information on the credentials of the surgeon to be performing such procedure at such time in advance of the procedure as is appropriate to permit such veteran to evaluate such information. (2) Other individuals If a veteran is unable to evaluate the information provided under paragraph (1) due to the health or mental competence of the veteran, such information shall be provided to an individual acting on behalf of the veteran. (c) Comptroller General report and plan (1) Report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report setting forth an assessment by the Comptroller General of the following: (A) The manner in which contractors under the Patient-Centered Community Care initiative of the Department perform oversight of the credentials of physicians within the networks of such contractors under the initiative. (B) The oversight by the Department of the contracts under the Patient-Centered Community Care initiative. (C) The verification by the Department of the credentials and licenses of health care providers furnishing hospital care and medical services under section 301. (2) Plan (A) In general Not later than 30 days after the submittal of the report under paragraph (1), the Secretary shall— (i) submit to the Comptroller General, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a plan to address any findings and recommendations of the Comptroller General included in such report; and (ii) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a request for additional amounts, if any, that may be necessary to carry out such plan. (B) Implementation Not later than 90 days after the submittal of the report under paragraph (1), the Secretary shall carry out such plan. 407. Information in annual budget of the President on hospital care and medical services furnished through expanded use of contracts for such care The materials on the Department of Veterans Affairs in the budget of the President for a fiscal year, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, shall set forth the following: (1) The number of veterans who received hospital care and medical services under section 301 during the fiscal year preceding the fiscal year in which such budget is submitted. (2) The amount expended by the Department on furnishing care and services under such section during the fiscal year preceding the fiscal year in which such budget is submitted. (3) The amount requested in such budget for the costs of furnishing care and services under such section during the fiscal year covered by such budget, set forth in aggregate and by amounts for each account for which amounts are so requested. (4) The number of veterans that the Department estimates will receive hospital care and medical services under such section during the fiscal years covered by the budget submission. (5) The number of employees of the Department on paid administrative leave at any point during the fiscal year preceding the fiscal year in which such budget is submitted. 408. Prohibition on falsification of data concerning wait times and quality measures at Department of Veterans Affairs Not later than 60 days after the date of the enactment of this Act, and in accordance with title 5, United States Code, the Secretary of Veterans Affairs shall establish policies whereby any employee of the Department of Veterans Affairs who knowingly submits false data concerning wait times for health care or quality measures with respect to health care to another employee of the Department or knowingly requires another employee of the Department to submit false data concerning such wait times or quality measures to another employee of the Department is subject to a penalty the Secretary considers appropriate after notice and an opportunity for a hearing, including civil penalties, unpaid suspensions, or termination. 409. Removal of Senior Executive Service employees of the Department of Veterans Affairs for performance (a) Removal or transfer (1) In general Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: 713. Senior Executive Service: removal based on performance (a) In general The Secretary may remove any individual from the Senior Executive Service if the Secretary determines the performance of the individual warrants such removal. If the Secretary so removes such an individual, the Secretary may— (1) remove the individual from the civil service (as defined in section 2101 of title 5); or (2) transfer the individual to a General Schedule position at any grade of the General Schedule for which the individual is qualified and that the Secretary determines is appropriate. (b) Notice to Congress Not later than 30 days after removing or transferring an individual from the Senior Executive Service under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives notice in writing of such removal or transfer and the reason for such removal or transfer. (c) Procedure (1) The procedures under section 7543 of title 5 shall not apply to a removal or transfer under this section. (2) (A) Subject to subparagraph (B), any removal or transfer under subsection (a) may be appealed to the Merit Systems Protection Board under section 7701 of title 5. (B) An appeal under subparagraph (A) of a removal or transfer may only be made if such appeal is made not later than 7 days after the date of such removal or transfer. (d) Expedited review by Merit Systems Protection Board (1) The Merit Systems Protection Board shall expedite any appeal under section 7701 of title 5 of a removal or transfer under subsection (a) and, in any such case, shall issue a decision not later than 21 days after the date of the appeal. (2) In any case in which the Merit Systems Protection Board determines that it cannot issue a decision in accordance with the 21-day requirement under paragraph (1), the Merit Systems Protection Board shall submit to Congress a report that explains the reason why the Merit Systems Protection Board is unable to issue a decision in accordance with such requirement in such case. (3) There is authorized to be appropriated such sums as may be necessary for the Merit Systems Protection Board to expedite appeals under paragraph (1). (4) The Merit Systems Protection Board may not stay any personnel action taken under this section. (5) A person who appeals under section 7701 of title 5 a removal under subsection (a)(1) may not receive any pay, awards, bonuses, incentives, allowances, differentials, student loan repayments, special payments, or benefits from the Secretary until the Merit Systems Protection Board has made a final decision on such appeal. (6) A decision made by the Merit Systems Protection Board with respect to a removal or transfer under subsection (a) shall not be subject to any further appeal. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Senior Executive Service: removal based on performance. . (b) Establishment of expedited review process (1) In general Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall establish and put into effect a process to conduct expedited reviews in accordance with section 713(d) of title 38, United States Code. (2) Inapplicability of certain regulations Section 1201.22 of title 5, Code of Federal Regulations, as in effect on the day before the date of the enactment of this Act, shall not apply to expedited reviews carried out under section 713(d) of title 38, United States Code. (3) Report by Merit Systems Protection Board Not later than 30 days after the date of the enactment of this Act, the Merit Systems Protection Board shall submit to Congress a report on the actions the Board plans to take to conduct expedited reviews under section 713(d) of title 38, United States Code, as added by subsection (a). Such report shall include a description of the resources the Board determines will be necessary to conduct such reviews and a description of whether any resources will be necessary to conduct such reviews that were not available to the Board on the day before the date of the enactment of this Act. (c) Temporary exemption from certain limitation on initiation of removal from Senior Executive Service During the 120-day period beginning on the date of the enactment of this Act, an action to remove an individual from the Senior Executive Service at the Department of Veterans Affairs pursuant to section 713 of title 38, United States Code, as added by subsection (a), or section 7543 of title 5, United States Code, may be initiated, notwithstanding section 3592(b) of title 5, United States Code, or any other provision of law. (d) Construction Nothing in this section or section 713 of title 38, United States Code, as added by subsection (a), shall be construed to apply to an appeal of a removal, transfer, or other personnel action that was pending before the date of the enactment of this Act. V Health Care Related to Sexual Trauma 501. Expansion of eligibility for sexual trauma counseling and treatment to veterans on inactive duty training Section 1720D(a)(1) of title 38, United States Code, is amended by striking or active duty for training and inserting , active duty for training, or inactive duty training . 502. Provision of counseling and treatment for sexual trauma by the Department of Veterans Affairs to members of the Armed Forces (a) Expansion of coverage to members of the Armed Forces Subsection (a) of section 1720D of title 38, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): (2) (A) In operating the program required by paragraph (1), the Secretary may, in consultation with the Secretary of Defense, provide counseling and care and services to members of the Armed Forces (including members of the National Guard and Reserves) on active duty to overcome psychological trauma described in that paragraph. (B) A member described in subparagraph (A) shall not be required to obtain a referral before receiving counseling and care and services under this paragraph. ; and (3) in paragraph (3), as redesignated by paragraph (1)— (A) by striking a veteran and inserting an individual ; and (B) by striking that veteran each place it appears and inserting that individual . (b) Information to members on availability of counseling and services Subsection (c) of such section is amended— (1) by striking to veterans each place it appears; and (2) in paragraph (3), by inserting members of the Armed Forces and before individuals . (c) Inclusion of members in reports on counseling and services Subsection (e) of such section is amended— (1) in the matter preceding paragraph (1), by striking to veterans ; (2) in paragraph (2)— (A) by striking women veterans and inserting individuals ; and (B) by striking training under subsection (d). and inserting “training under subsection (d), disaggregated by— (A) veterans; (B) members of the Armed Forces (including members of the National Guard and Reserves) on active duty; and (C) for each of subparagraphs (A) and (B)— (i) men; and (ii) women. ; (3) in paragraph (4), by striking veterans and inserting individuals ; and (4) in paragraph (5)— (A) by striking women veterans and inserting individuals ; and (B) by inserting , including specific recommendations for individuals specified in subparagraphs (A), (B), and (C) of paragraph (2) before the period at the end. (d) Effective date The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act. 503. Reports on military sexual trauma (a) Report on services available for military sexual trauma in the Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the treatment and services available from the Department of Veterans Affairs for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience military sexual trauma. (b) Reports on transition of military sexual trauma treatment from Department of Defense to Department of Veterans Affairs Not later than 630 days after the date of the enactment of this Act, and annually thereafter for five years, the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) of title 38, United States Code, shall submit to the appropriate committees of Congress a report on military sexual trauma that includes the following: (1) The processes and procedures utilized by the Department of Veterans Affairs and the Department of Defense to facilitate transition of treatment of individuals who have experienced military sexual trauma from treatment provided by the Department of Defense to treatment provided by the Department of Veterans Affairs. (2) A description and assessment of the collaboration between the Department of Veterans Affairs and the Department of Defense in assisting veterans in filing claims for disabilities related to military sexual trauma, including permitting veterans access to information and evidence necessary to develop or support such claims. (c) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress means— (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (2) Military sexual trauma The term military sexual trauma means psychological trauma, which in the judgment of a mental health professional employed by the Department, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty or active duty for training. (3) Sexual harassment The term sexual harassment means repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character. (4) Sexual trauma The term sexual trauma shall have the meaning given that term by the Secretary of Veterans Affairs for purposes of this section. (d) Effective date This section shall take effect on the date that is 270 days after the date of the enactment of this Act. VI Major Medical Facility Leases 601. Authorization of major medical facility leases The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. 602. Budgetary treatment of Department of Veterans Affairs major medical facilities leases (a) Findings Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A–11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A–11 requires the Department of Veterans Affairs to record up-front budget authority in an amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs . (b) Requirement for obligation of full cost (1) In general Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 of title 31, United States Code, as the full cost of the contractual obligation at the time a contract is executed either— (A) an amount equal to total payments under the full term of the lease; or (B) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (2) Self-insuring authority The requirements of paragraph (1) may be satisfied through the use of a self-insuring authority consistent with Office of Management and Budget Circular A–11. (c) Transparency (1) Compliance Subsection (b) of section 8104 of title 38, United States Code, is amended by adding at the end the following new paragraph: (7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A–11 and section 1341 of title 31 (commonly referred to as the Anti-Deficiency Act ). Any such analysis shall include— (A) an analysis of the classification of the lease as a lease-purchase , capital lease , or operating lease as those terms are defined in Office of Management and Budget Circular A–11; (B) an analysis of the obligation of budgetary resources associated with the lease; and (C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. . (2) Submittal to Congress Such section 8104 is further amended by adding at the end the following new subsection: (h) (1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives— (A) notice of the Secretary’s intention to enter into the lease; (B) a detailed summary of the proposed lease; (C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and (D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A–11. (2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. (3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph. . (d) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. VII Veterans Benefits Matters 701. Expansion of Marine Gunnery Sergeant John David Fry Scholarship (a) Expansion of entitlement Subsection (b)(9) of section 3311 of title 38, United States Code, is amended by inserting or spouse after child . (b) Limitation and election on certain benefits Subsection (f) of such section is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Limitation The entitlement of an individual to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) because the individual was a spouse of a person described in such paragraph shall expire on the earlier of— (A) the date that is 15 years after the date on which the person died; and (B) the date on which the individual remarries. (3) Election on receipt of certain benefits A surviving spouse entitled to assistance under subsection (a) pursuant to paragraph (9) of subsection (b) who is also entitled to educational assistance under chapter 35 of this title may not receive assistance under both this section and such chapter, but shall make an irrevocable election (in such form and manner as the Secretary may prescribe) under which section or chapter to receive educational assistance. . (c) Conforming amendment Section 3321(b)(4) of such title is amended— (1) by striking an individual and inserting a child ; and (2) by striking such individual’s each time it appears and inserting such child’s . 702. Approval of courses of education provided by public institutions of higher learning for purposes of All-Volunteer Force Educational Assistance Program and Post-9/11 Educational Assistance conditional on in-State tuition rate for veterans (a) In general Section 3679 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) (1) Notwithstanding any other provision of this chapter and subject to paragraphs (3) through (6), the Secretary shall disapprove a course of education provided by a public institution of higher learning to a covered individual pursuing a course of education with educational assistance under chapter 30 or 33 of this title while living in the State in which the public institution of higher learning is located if the institution charges tuition and fees for that course for the covered individual at a rate that is higher than the rate the institution charges for tuition and fees for that course for residents of the State in which the institution is located, regardless of the covered individual’s State of residence. (2) For purposes of this subsection, a covered individual is any individual as follows: (A) A veteran who was discharged or released from a period of not fewer than 90 days of service in the active military, naval, or air service less than three years before the date of enrollment in the course concerned. (B) An individual who is entitled to assistance under section 3311(b)(9) or 3319 of this title by virtue of such individual's relationship to a veteran described in subparagraph (A). (3) If after enrollment in a course of education that is subject to disapproval under paragraph (1) by reason of paragraph (2)(A) or (2)(B) a covered individual pursues one or more courses of education at the same public institution of higher learning while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters or terms) at that institution of higher learning, any course so pursued by the covered individual at that institution of higher learning while so continuously enrolled shall also be subject to disapproval under paragraph (1). (4) It shall not be grounds to disapprove a course of education under paragraph (1) if a public institution of higher learning requires a covered individual pursuing a course of education at the institution to demonstrate an intent, by means other than satisfying a physical presence requirement, to establish residency in the State in which the institution is located, or to satisfy other requirements not relating to the establishment of residency, in order to be charged tuition and fees for that course at a rate that is equal to or less than the rate the institution charges for tuition and fees for that course for residents of the State. (5) The Secretary may waive such requirements of paragraph (1) as the Secretary considers appropriate. (6) Disapproval under paragraph (1) shall apply only with respect to educational assistance under chapters 30 and 33 of this title. . (b) Effective date Subsection (c) of section 3679 of title 38, United States Code (as added by subsection (a) of this section), shall apply with respect to educational assistance provided for pursuit of programs of education during academic terms that begin after July 1, 2015, through courses of education that commence on or after that date. VIII Appropriation and Emergency Designations 801. Appropriation of emergency amounts There is authorized to be appropriated, and is appropriated, to the Secretary of Veterans Affairs, out of any funds in the Treasury not otherwise appropriated, for fiscal years 2014, 2015, and 2016, such sums as may be necessary to carry out this Act. 802. Emergency designations (a) In general This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) ). (b) Designation in Senate In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4841ih/xml/BILLS-113hr4841ih.xml
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113-hr-4842
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I 113th CONGRESS 2d Session H. R. 4842 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mrs. Carolyn B. Maloney of New York (for herself and Mr. Smith of New Jersey ) 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 Securities Exchange Act of 1934 to require certain companies to disclose information describing any measures the company has taken to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the company’s supply chains.
1. Short title This Act may be cited as the Business Supply Chain Transparency on Trafficking and Slavery Act of 2014 . 2. Findings and sense of congress (a) Findings Congress finds the following: (1) In 2012, the Department of Labor identified 134 goods from 74 countries around the world made by forced labor and child labor. (2) The United States is the world’s largest importer, and in the 21st century, investors, consumers, and broader civil society increasingly demand information about the human rights impact of products in the United States market. (3) Courts have also ruled that consumers do not have standing to bring a civil action in United States courts for enforcement of this provision of the Tariff Act, because the legislative intent was to protect American manufacturers from unfairly priced goods, not to protect consumers from tainted goods, consequently, there are fewer than 40 enforcement actions on record in the past 80 years. (4) Mechanisms under Federal law related to forced labor, slavery, human trafficking, and the worst forms of child labor in the stream of commerce suffer from similar problems of limited scope, broad expectations, and inability to provide information about specific supplies whose goods are tainted. (5) The United Nations Guiding Principles on Business and Human Rights affirm that business enterprises have a responsibility to respect human rights, and that States have a duty to ensure these rights are protected. Such Guiding Principles also clarify that the duty to protect against business-related human rights abuses requires States to take the necessary steps to prevent and address human rights abuses to workers through effective policies and regulation. (6) The Trafficking Victims Protection Reauthorization Act of 2003 ( Public Law 108–193 ) together with the Trafficking Victims Protection Act of 2005 ( Public Law 109–164 ) provide for the termination of Federal contracts where a Federal contractor or subcontractor engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, or uses forced labor in the performance of the grant, contract, or cooperative agreement. The Trafficking Victims Protection Act of 2005 also provide United States courts with criminal jurisdiction abroad over Federal employees, contractors, or subcontractors who participate in severe forms of trafficking in persons or forced labor. (7) Executive Order 13126, Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor, Executive Order 13627, Strengthening Protections Against Trafficking In Persons In Federal Contracts, and title XVII of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) have prohibited Federal contractors, subcontractors, and their employees from engaging in the following trafficking-related activities: charging labor recruitment fees; confiscating passports and other identity documents of workers; and using fraudulent recruitment practices, including failing to disclose basic information or making material misrepresentations about the terms and conditions of employment. Such Executive order and Acts also require Federal contractors, subcontractors, and their employees to maintain an anti-trafficking compliance plan that includes, among other elements, a complaint mechanism and procedures to prevent subcontractors at any tier from engaging in trafficking in persons. (b) Sense of congress It is the sense of Congress that— (1) forced labor, slavery, human trafficking, and the worst forms of child labor are among the most egregious forms of abuse that humans commit against each other, for the sake of commercial profit; (2) the legislative and regulatory framework to prevent goods produced by forced labor, slavery, human trafficking, and the worst forms of child labor from passing into the stream of commerce in the United States is gravely inadequate; (3) legislation is necessary to provide consumers information on products that are free of child labor, forced labor, slavery, and human trafficking; and (4) through publicly available disclosures, businesses and consumers can avoid inadvertently promoting or sanctioning these crimes through production and purchase of goods and products that have been tainted in the supply chains. 3. Disclosure of information relating to efforts to combat the Use of Forced Labor, Slavery, Trafficking in Persons, or the Worst Forms of Child Labor Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following new subsection: (s) Disclosures relating to efforts To combat the Use of Forced Labor, Slavery, Trafficking in Persons, or the Worst Forms of Child Labor (1) Regulations Not later than 1 year after the date of enactment of the Global Supply Chain Transparency for Trafficking, Forced Labor, and Child Labor Eradication Act , the Commission, in consultation with the Secretary of State, shall promulgate regulations to require that any covered issuer required to file reports with the Commission under this section to include annually in such reports, a disclosure whether the covered issuer has taken any measures during the year for which such reporting is required to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer’s supply chain, and a description of such measures taken. Such disclosure shall include, under the heading ‘Policies to Address Forced Labor, Slavery, Human Trafficking, and the Worst Forms of Child Labor’, information describing to what extent, if any, the covered issuer conducts any of the following activities: (A) Whether the covered issuer maintains a policy to identify and eliminate the risks of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer’s supply chain (such disclosure to include the text of the policy or substantive description of the elements of the policy), and actions the covered issuer has taken pursuant to or in the absence of such policy. (B) Whether the covered issuer maintains a policy prohibiting its employees and employees of entities associated with its supply chain for engaging in commercial sex acts with a minor. (C) The efforts of the covered issuer to evaluate and address the risks of forced labor, slavery, human trafficking, and the worst forms of child labor in the product supply chain. If such efforts have been made, such disclosure shall— (i) describe any risks identified within the supply chain, and the measures taken toward eliminating those risks; (ii) specify whether the evaluation was or was not conducted by a third party; (iii) specify whether the process includes consultation with the independent labor organizations (as such term is defined in section 2 of the National Labor Relations Act (29 U.S.C. 152)), workers’ associations, or workers within workplaces and incorporates the resulting input or written comments from such independent labor organizations, workers’ associations, or workers and if so, the disclosure shall describe the entities consulted and specify the method of such consultation; and (iv) specify the extent to which the process covers entities within the supply chain, including entities upstream in the product supply chain and entities across lines of products or services. (D) The efforts of the covered issuer to ensure that audits of suppliers within the supply chain of the covered issuer are conducted to— (i) investigate the working conditions and labor practices of such suppliers; (ii) verify whether such suppliers have in place appropriate systems to identify risks of forced labor, slavery, human trafficking, and the worst forms of child labor within their own supply chain; and (iii) evaluate whether such systems are in compliance with the policies of the covered issuer or efforts in absence of such policies. (E) The efforts of the covered issuer to— (i) require suppliers in the supply chain to attest that the manufacture of materials incorporated into any product and the recruitment of labor are carried out in compliance with the laws regarding forced labor, slavery, human trafficking, and the worst forms of child labor of the country or countries in which the covered issuer is doing business; (ii) maintain internal accountability standards, supply chain management, and procurement systems, and procedures for employees, suppliers, contractors, or other entities within its supply chain failing to meet the covered issuer’s standards regarding forced labor, slavery, human trafficking, and the worst forms of child labor, including a description of such standards, systems, and procedures; (iii) train the employees and management who have direct responsibility for supply chain management on issues related to forced labor, slavery, human trafficking, and the worst forms of child labor, particularly with respect to mitigating risks within the supply chains of products; and (iv) ensure that labor recruitment practices at all suppliers associated with the supply chain comply with the covered issuer’s policies or efforts in absence of such policies for eliminating exploitive labor practices that contribute to forced labor, slavery, human trafficking, and the worst forms of child labor, including by complying with audits of labor recruiters and disclosing the results of such audits. (F) The efforts of the covered issuer in cases where forced labor, slavery, human trafficking, and the worst forms of child labor have been identified within the supply chain, to ensure that remedial action is provided to those who have identified as victims, including support for programs designed to prevent the recurrence of those events within the industry or sector in which they have been identified. (2) Requirements for availability of information (A) In general The regulations promulgated under paragraph (1) shall require— (i) that the required information be disclosed by the covered issuer on the Internet website of the covered issuer through a conspicuous and easily understandable link to the relevant information that shall be labeled Global Supply Chain Transparency ; and (ii) if an individual submits a written request to the covered issuer for such information, that the covered issuer provides the individual with a written disclosure of the required information under this section within 30 days of the receipt of such request. (B) Disclosure The Commission shall make available to the public in a searchable format on the Commission’s website— (i) a list of covered issuers required to disclose any measures taken by the company to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer’s supply chain, as required by this subsection; and (ii) a compilation of the information submitted under the rules issued under paragraph (1). (3) Definitions As used in this subsection— (A) the term covered issuer means an issuer that has annual worldwide global receipts in excess of $100,000,000; (B) the terms forced labor , slavery , and human trafficking mean any labor practice or human trafficking activity in violation of national and international standards, including International Labor Organization Convention No. 182, the Trafficking Victims Protection Act of 2000 ( Public Law 106–386 ), and acts that would violate the criminal provisions related to slavery and human trafficking under chapter 77 of title 18, United States Code, if they had been committed within the jurisdiction of the United States; (C) the terms remediation and remedial action mean the activities or systems that an issuer puts in place to address non-compliance with the standards identified through monitoring or verification, which may apply to individuals adversely affected by the non-compliant conduct or address broader systematic processes; (D) the term supply chain , with respect to a covered issuer disclosing the information required under the regulations promulgated under this section, means all labor recruiters, suppliers of products, component parts of products, and raw materials used by such entity in the manufacturing of such entity’s products whether or not such entity has a direct relationship with the supplier; and (E) the term the worst forms of child labor means child labor in violation of national and international standards, including International Labor Organization Convention No. 182. . 4. Disclosures on website of Department of Labor (a) In general The Secretary of Labor shall make available to the public in a searchable format on the Department of Labor’s website— (1) a list of companies required to disclose any measures taken by the company to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the covered issuer’s supply chain, as required by section 13(s) of the Securities Exchange Act of 1934, as added by section 3; and (2) a compilation of the information disclosed pursuant to such requirements. (b) Top 100 list The Secretary of Labor, in consultation with the Secretary of State and other appropriate Federal and international agencies, independent labor evaluators, and human rights groups, shall annually develop and publish on the Internet website of the Department of Labor a list of top 100 companies adhering to supply chain labor standards, as established under relevant Federal and international guidelines.
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113-hr-4843
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I 113th CONGRESS 2d Session H. R. 4843 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Ms. McCollum (for herself, Mr. Cole , Mr. Ben Ray Luján of New Mexico , Mr. Issa , Mr. Grijalva , Mr. Kline , Mr. Pallone , Mr. Young of Alaska , Mr. Huffman , and Mr. Kind ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for a limitation under the Medicare program on charges for contract health services provided to Indians by Medicare providers of services and suppliers.
1. Short title This Act may be cited as the Native Contract and Rate Expenditure Act of 2014 or the Native CARE Act of 2014 . 2. Findings Congress makes the following findings: (1) Federal health services to maintain and improve the health of American Indians and Alaska Natives are consonant with and required by the Federal Government’s historical and unique legal relationship with, and resulting trust responsibility to, the American Indian and Alaska Native people. (2) The unmet health needs of American Indians and Alaska Natives are severe and the health status of American Indians and Alaska Natives is far below that of the general population of the United States, resulting in an average life expectancy for American Indians and Alaska Natives 4.2 years less than that for the all races population of the United States. (3) The Indian Health Service and tribal Purchased/Referred Care programs purchase primary and specialty care services from private health care providers when those services are not available at Indian Health Service or Tribal health facilities. (4) Available Purchased/Referred Care funds have been insufficient to ensure access to care for American Indians and Alaska Natives, resulting in rationed care and diagnosis and treatment delays that lead to the need for more intensive and expensive treatment, further reducing already scarce Purchased/Referred Care funds. (5) In 2003, Congress amended title XVIII of the Social Security Act to require Medicare-participating hospitals to accept patients referred from the Indian Health Service and Tribal Purchased/Referred Care programs and to accept payment at no more than Medicare rates—the Medicare-like rate cap—for the services provided. (6) The Medicare-like rate cap only applies to hospital services, and does not apply to other types of Medicare-participating providers and suppliers. (7) Unlike other Federal health care programs, the Indian Health Service and Tribal Purchased/Referred Care programs continue to pay full billed charges for non-hospital services. (8) Because Purchased/Referred programs continue to pay full billed charges for non-hospital services, in many cases the Indian Health Service may only treat the most desperate Life or Limb cases, leading to many undesirable health outcomes for American Indians and Alaska Natives, and ultimately increasing costs to the Purchased/Referred Care programs. (9) On April 11, 2013, the Government Accountability Office released a report finding that capping Purchased/Referred Care reimbursement at Medicare-like rates for nonhospital services would enable the Indian Health Service to double the number of physician services provided by adding an additional 253,000 patient visits annually. 3. Limitation on charges for certain contract health services provided to Indians by Medicare providers of services and suppliers (a) Application to all providers of services (1) In general Section 1866(a)(1)(U) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1)(U) ) is amended, in the matter preceding clause (i), by striking in the case of hospitals which furnish inpatient hospital services for which payment may be made under this title, . (2) Regulations The Secretary of Health and Human Services shall promulgate regulations to account for the amendment made by paragraph (1). (3) Effective date The amendment made by paragraph (1) shall apply to Medicare participation agreements in effect (or entered into) on or after the date that is 90 days after the date of enactment of this Act. (b) Application to all suppliers (1) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (r) Limitation on charges for certain contract health services provided to Indians by suppliers No payment may be made under this title for an item or service furnished by a supplier (as defined in section 1861(d)) unless the supplier agrees (pursuant to a process established by the Secretary) to be a participating provider of medical and other health services both— (1) under the Purchased/Referred Care program (formerly referred to as the contract health services program ) funded by the Indian Health Service and operated by the Indian Health Service, an Indian tribe, or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act), with respect to items and services that are covered under such program and furnished to an individual eligible for such items and services under such program; and (2) under any program funded by the Indian Health Service and operated by an urban Indian organization with respect to the purchase of items and services for an eligible urban Indian (as those terms are defined in such section 4), in accordance with regulations promulgated by the Secretary regarding payment methodology and rates of payment (including the acceptance of no more than such payment rate as payment in full for such items and services). . (2) Effective date The amendment made by paragraph (1) shall apply to items and services furnished on or after the date that is 90 days after the date of enactment of this Act. (c) Limitation There shall be no reduction, offset, or limitation to any appropriations made to the Indian Health Service under the Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.), the Act of November 2, 1921 ( 25 U.S.C. 13 ) (commonly known as the Snyder Act ), or any other provision of law as a result of the provisions of, including amendments made by, this Act. (d) Studies and reports (1) Study The Secretary of Health and Human Services (in this subsection referred to as the Secretary ), acting through the Director of the Indian Health Service, shall conduct a study on the impact of the amendments made by this section on access to care under the Purchased/Referred Care program of the Indian Health Service. (2) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under paragraph (1), including recommendations for such legislation and administrative action as the Secretary determines appropriate. (3) Section 219(c) study and report Section 219(c) of the Indian Health Care Improvement Act ( 25 U.S.C. 1621r(c) ) is amended by striking 12 months after the date of the enactment of this section and inserting 12 months after the date of the enactment of the Native Contract and Rate Expenditure Act of 2014, and biennially thereafter through 2020 .
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113-hr-4844
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I 113th CONGRESS 2d Session H. R. 4844 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Mullin introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To take certain property in McIntosh County, Oklahoma, into trust for the benefit of the Muscogee (Creek) Nation, and for other purposes.
1. Short title This Act may be cited as the Fountainhead Property Land Transfer Act . 2. Transfer of land; land into trust (a) In general Immediately after completion of the survey required under subsection (b), the receipt of consideration and costs required under subsection (c), and satisfaction of all terms specified by the Secretary and the Secretary of the Army under subsection (d), administrative jurisdiction of the Property shall be transferred from the Secretary of the Army to the Secretary, and the Secretary shall take the Property into trust for the benefit of the tribe. (b) Survey The exact acreage and legal description of the Property shall be determined by a survey satisfactory to the Secretary and the Secretary of the Army. (c) Consideration; costs The tribe shall pay— (1) to the Secretary of the Army fair market value of the Property, as determined by the Secretary of the Army; and (2) all costs and administrative expenses associated with the transfer of administrative jurisdiction of the Property and taking the Property into trust pursuant to subsection (a), including costs of the survey provided for in subsection (b) and any environmental remediation. (d) Other terms and conditions The transfer of administrative jurisdiction of the Property and taking the Property into trust shall be subject to such other terms and conditions as the Secretary and the Secretary of the Army consider appropriate to protect the interests of the United States, including reservation of flowage easements consistent with the Acquisition Guide Line for Flowage Easement for the Lake Eufaula project and other applicable policies for that project. (e) Definitions For the purposes of this section: (1) Property The term Property means, subject to valid existing rights, all right, title, and interest of the United States in and to the approximately 18.33 acres of Federal land depicted as USACE on the map titled Muscogee (Creek) Nation Proposed Land Acquisition and dated May 23, 2014. (2) Secretary The term Secretary means the Secretary of the Interior. (3) Tribe The term tribe means the Muscogee (Creek) Nation. (f) Gaming prohibition The tribe may not conduct on any land taken into trust pursuant to this Act any gaming activities— (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) and any regulations promulgated by the Secretary or the National Indian Gaming Commission pursuant to that Act. (g) Savings provision Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
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113-hr-4845
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I 113th CONGRESS 2d Session H. R. 4845 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Nunes (for himself and Mr. Crowley ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the deduction for mortgage insurance premiums.
1. Permanent deduction for mortgage insurance premiums (a) In general Subparagraph (E) of section 163(h)(3) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Effective date The amendment made by this section shall apply to amounts paid or accrued after December 31, 2013, and to amounts properly allocable to periods after such date.
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113-hr-4846
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I 113th CONGRESS 2d Session H. R. 4846 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Polis introduced the following bill; which was referred to the Committee on Natural Resources A BILL To adjust the boundary of the Arapaho National Forest, Colorado, and for other purposes.
1. Short title This Act may be cited as the Arapaho National Forest Boundary Adjustment Act of 2014 . 2. Arapaho National Forest boundary adjustment (a) In general The boundary of the Arapaho National Forest in the State of Colorado is adjusted to incorporate the approximately 92.95 acres of land generally depicted as The Wedge on the map entitled Arapaho National Forest Boundary Adjustment and dated November 6, 2013, and described as lots three, four, eight, and nine of section 13, Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. (b) Bowen Gulch Protection Area The Secretary of Agriculture shall include all Federal land within the boundary described in subsection (a) in the Bowen Gulch Protection Area established under section 6 of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 539j ). (c) Land and Water Conservation Fund For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–9 ), the boundaries of the Arapaho National Forest, as modified under subsection (a), shall be considered to be the boundaries of the Arapaho National Forest as in existence on January 1, 1965. (d) Acquisition The Secretary is authorized to acquire non-Federal lands within the boundary described in subsection (a). (e) Public motorized use The lands described within the boundary described in subsection (a) shall be closed to public motorized use. (f) Access to non-Federal lands Notwithstanding the provisions of section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) regarding motorized travel, the owners of any non-Federal lands within the boundary described in subsection (a) who historically have accessed their lands through lands now or hereafter owned by the United States within the boundary described in subsection (a) shall have the continued right of motorized access to their lands across the exiting roadway.
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113-hr-4847
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I 113th CONGRESS 2d Session H. R. 4847 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. Smith of New Jersey (for himself, Mr. Meeks , Mr. Salmon , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Foreign Affairs 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 facilitate effective research on and treatment of neglected tropical diseases through coordinated domestic and international efforts.
1. Short title This Act may be cited as the End Neglected Tropical Diseases Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Statement of policy. Sec. 4. Findings. Sec. 5. Definition. Sec. 6. Rule of construction. Title I—Foreign affairs Sec. 101. Expansion of USAID NTDs Program. Sec. 102. Actions by Department of State. Sec. 103. Multilateral development and health institutions. Title II—Department of Health and Human Services Sec. 201. Promoting efforts through interagency working groups and international forums. Sec. 202. Report on neglected tropical diseases in the United States. Sec. 203. Centers of excellence. Sec. 204. Panel on worm infection solutions. 3. Statement of policy It is the policy of the United States to support a broad range of implementation and research and development activities that work toward the achievement of cost-effective and sustainable treatment, control and, where possible, elimination of neglected tropical diseases for the economic and social well-being for all people. 4. Findings Congress finds the following: (1) The World Health Organization (WHO) has identified 17 neglected tropical diseases (NTDs). Approximately two billion people—almost one-third of the world’s population—are at risk of contracting an NTD, and more than 1.4 billion people are currently afflicted with one or more NTDs. (2) In 2013, WHO adopted a comprehensive resolution on NTDs recognizing that increased national and international investments in prevention and control of neglected tropical diseases have succeeded in improving health and social well-being in many countries. (3) NTDs have an enormous impact in terms of disease burden and quality of life. NTDs cause the loss of up to 534,000 lives and 57 million disability-adjusted life years each year. NTDs surpass both malaria and tuberculosis in causing greater loss of life-years to disability and premature death. Many NTDs cause disfigurement and disability, leading to stigma, social discrimination, and societal marginalization. (4) NTDs create an economic burden of billions of dollars through the loss of productivity and high costs of health care required for treatment. People afflicted by NTDs are less productive than their healthy counterparts. NTDs jeopardize the ability of people to attend work and school, or to produce at full capacity. For example, controlling one NTD, hookworm, in children can result in a 43-percent increase in future wage earnings. (5) The social, economic, and health burden of NTDs falls primarily on low- and middle-income countries, where access to safe water, sanitation, and health care is limited. At least 100 countries face two endemic NTD burdens, and 30 countries carry six or more endemic NTDs. (6) NTDs are not confined to the developing world, however. Several NTD outbreaks have been reported in the United States and other developed countries, especially among the poor. In the United States, NTDs disproportionately affect people living in poverty, and especially minorities, including up to 2.8 million African-Americans with toxocariasis and 300,000 or more people, mostly Hispanic-Americans, with Chagas disease. (7) Many NTDs can be controlled, prevented, and even eliminated using low-cost, effective, and feasible solutions. Understanding the economic burden of NTDs on productivity and health care costs can help to assure governments and donors that the resources directed toward NTDs represent a good investment. (8) Research and development efforts are immediately needed for all NTDs, especially those for which limited or no treatment currently exists. (9) Critical to developing robust NTD control strategies are epidemiological data that identify at-risk populations, ensure appropriate treatment frequency, and inform decisions about when treatment can be reduced or stopped. (10) Of the 14 most common NTDs, roughly 80 percent of infections are caused by soil-transmitted helminths (STH) and schistosomiasis. STH are a group of three parasitic worms (roundworms, whipworms, and hookworms) that afflict more than one billion people worldwide, including 600 million school-age children, of whom more than 300 million suffer from severe morbidity. Schistosomiasis is another helminth infection affecting at least 200 million people in developing countries, but some estimates indicate that the true number of people affected may be double or even triple that number. (11) The main health problems caused by STH are related to their negative effect on childhood nutritional status, which can cause stunting and wasting. For example, STH infection may lead to anemia, malabsorption of nutrients, loss of appetite, nausea, abdominal pain, diarrhea, and reduced food intake. When such health problems are experienced in early childhood, a peak growth and development period, the mental and physical damage—and loss of future productivity and wage-earning potential—will likely be irreversible. Schistosomiasis causes end-organ damage to the urinary tract, female genital tract, liver and intestines. It also results in chronic health conditions in children. (12) STH and schistosomiasis are also particularly detrimental to the health of women of reproductive age and pregnant women. Their underlying poor iron status makes these women most susceptible to developing anemia. Iron deficiency anemia resulting from hookworm infection during pregnancy has been linked to poor pregnancy outcomes such as prematurity, low birth weight, and impaired lactation. Female genital schistosmiasis may be one of the most common gynecologic conditions in Africa leading to genital pain, itching, and bleeding and markedly increased susceptibility to HIV/AIDS. (13) Fortunately, there is a simple, cost-effective solution to STH and schistosomiasis infections: single-dose deworming pills that can be safely administered once or twice annually to those at risk. Pharmaceutical companies have committed to donate the drugs needed to treat all at-risk, school-age children in developing countries. Regular administration of deworming pills reduces morbidity associated with STH and schistosomiasis infections by reducing prevalence and transmission rates. (14) The benefits of deworming are immediate and enduring. A rigorous randomized controlled trial has shown school-based deworming treatment to reduce school absenteeism by 25 percent. School-based deworming also benefits young siblings and other children who live nearby but are too young to be treated, leading to large cognitive improvements equivalent to half a year of schooling. 5. Definition In this Act, the term neglected tropical diseases or NTDs — (1) means infections caused by pathogens, including viruses, bacteria, protozoa, and helminths that disproportionately impact individuals living in extreme poverty, especially in developing countries; and (2) includes— (A) Buruli ulcer (Mycobacterium Ulcerans infection); (B) Chagas disease; (C) dengue or severe dengue fever; (D) dracunculiasis (Guinea worm disease); (E) echinococcosis; (F) foodborne trematodiases; (G) human African trypanosomiasis (sleeping sickness); (H) leishmaniasis; (I) leprosy; (J) lymphatic filariasis (elephantiasis); (K) onchocerciasis (river blindness); (L) rabies; (M) schistosomiasis; (N) soil-transmitted helminthiases (STH) (round worm, whip worm, and hook worm); (O) taeniasis/cysticercosis; (P) trachoma; and (Q) yaws (endemic treponematoses). 6. Rule of construction Nothing in this Act shall be construed to increase authorizations of appropriations for the United States Agency for International Development or authorizations of appropriations for the Department of Health and Human Services. I Foreign affairs 101. Expansion of USAID NTDs Program (a) Findings Congress finds the following: (1) Since fiscal year 2006, the United States Government has been an essential leading partner in advancing control and elimination efforts for seven targeted neglected tropical diseases: lymphatic filariasis (elephantiasis), onchocerciasis (river blindness), schistosomiasis, soil-transmitted helminthiases (STH) (round worm, whip worm, and hook worm), and trachoma. Additional information suggests that such efforts could also produce collateral benefits for at least three other NTDs: foodborne trematodiases, rabies, and yaws (endemic treponematoses). (2) The United States Agency for International Development (USAID) Neglected Tropical Diseases Program has made important and substantial contributions to the global fight to control and eliminate the seven most common NTDs. Leveraging more than $6.7 billion in donated medicines, USAID has supported the distribution of more than one billion treatments in 25 countries across Africa, Asia, and Latin America and the Caribbean. (3) United States Government leadership has been instrumental in maintaining the global fight against NTDs and is a partner in the 2012 London Declaration on NTDs, which represents a new, coordinated push to accelerate progress toward eliminating or controlling 10 neglected tropical diseases by 2020. (4) The USAID NTDs Program is a clear example of a successful public-private partnership between the Government and the private sector and should be judiciously expanded. (b) Sense of Congress It is the sense of Congress that the USAID NTDs Program (as in effect on the date of the enactment of this Act) should be modified as follows: (1) Provide rapid impact package treatments to as many individuals suffering from NTDs or at risk of acquiring NTDs as logistically feasible. (2) Better integrate rapid impact package treatments with programs to control and eliminate HIV/AIDS and malaria, including— (A) by coordinating HIV/AIDS programs with the control of female genital schistosomiasis, now revealed as one of Africa’s most important co-factors in its AIDS epidemic; and (B) by coordinating malaria programs with programs to control schistosomiasis and hook worm—together these diseases produce profound and severe anemia. (3) Establish school-based NTD programs to provide an opportunity to reach large numbers of school-age children who require treatments for NTDs, including rapid impact package treatments as feasible and at very low cost. (4) For other NTDs, such as human African trypanosomiasis (sleeping sickness), chagas disease, leishmaniasis, and dengue fever, develop new approaches to reach the goals relating to the elimination of NTDs as set forth in the World Health Organization (WHO) NTD Roadmap. (c) Expansion of program The Administrator of USAID shall expand the USAID NTDs Program (as in effect on the date of the enactment of this Act) as follows: (1) Carry out monitoring and evaluation to provide accurate measurements to inform future NTD control and elimination strategies. (2) Coordinate with USAID development sectors, such as sectors relating to water and sanitation, hygiene, food security and nutrition, and education (both primary and preprimary), to establish programs that address NTDs and advance the goals of the 2012 London Declaration on NTDs. (3) Include morbidity management in treatment plans for high-burden NTDs, such as lymphatic filariasis (elephantiasis). (4) Include NTDs that are recognized as high-burden diseases in the Global Burden of Disease Study 2010, including foodborne trematodiases, human African trypanosomiasis (sleeping sickness), chagas disease, leishmaniasis, and dengue fever and related arbovirus infections. (5) Include research and development, consistent with other USAID disease prevention programs, to ensure the tools required for elimination of these diseases are available, such as drugs, diagnostics, vaccines. (d) Research and development (1) Establishment The Administrator of USAID shall establish a research and development program within the USAID NTDs Program (as in effect on the date of the enactment of this Act). (2) Priority The research and development program shall focus on the prevention and control of those diseases with the highest need for new treatments, diagnostics, and vaccines, including soil-transmitted helminthiases (STH) (round worm, whip worm, and hook worm), schistosomiasis, chagas disease, human African trypanosomiasis (sleeping sickness), leishmaniasis, and dengue fever and other arbovirus infections. 102. Actions by Department of State (a) Office of the Global AIDS Coordinator Section 1(f)(2)(B)(ii) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(f)(2)(B)(ii)) is amended by adding at the end the following: (XIV) Neglected tropical diseases (aa) In general Ensuring coordination of activities of the United States (including funding) relating to combatting HIV/AIDS with activities of the United States (including funding) relating to combatting neglected tropical diseases to include the control and elimination of neglected tropical diseases, particularly in countries and regions that are highly endemic for female genital schistosomiasis. (bb) Definition In this subclause, the term neglected tropical diseases has the meaning given the term in section 5 of the End Neglected Tropical Diseases Act. . (b) Global Fund (1) In general The Secretary of State should seek to engage the Global Fund in discussions on whether to expand the authority of the Global Fund for the control and elimination of neglected tropical diseases. (2) Global Fund In this subsection, the term Global Fund means the public-private partnership known as the Global Fund to Fight AIDS, Tuberculosis and Malaria established pursuant to Article 80 of the Swiss Civil Code. (c) G–20 countries The Secretary of State, acting through the Office of Global Health Diplomacy, should engage G–20 countries to significantly increase their role in the control and elimination of neglected tropical diseases, particularly Argentina, Brazil, China, India, Indonesia, Mexico, the Republic of Korea, Saudi Arabia, and South Africa. 103. Multilateral development and health institutions (a) Congressional finding Congress finds that the treatment of high burden neglected tropical diseases, including school-based deworming programs, has proven to be a highly cost-effective education intervention and schools can serve as the best delivery mechanism for reaching large numbers of children with safe treatment for soil-transmitted helminthiases (STH) (round worm, whip worm, and hook worm) in particular. (b) United Nations The President shall direct the United States permanent representative to the United Nations to use the voice, vote, and influence of the United States to urge the World Health Organization, the United Nations Educational, Scientific and Cultural Organization, and the United Nations Development Programme to take the actions described in subsection (d). (c) World Bank Institute The President shall direct the United States Executive Director at the International Bank for Reconstruction and Development to use the voice, vote, and influence of the United States to urge the World Bank Institute to take the actions described in subsection (d). (d) Actions described The actions described in this subsection are the following: (1) Ensure the dissemination of best practices and programming on NTDs to governments and make data accessible to practitioners in an open and timely fashion. (2) Highlight impacts of school-based deworming programs on children’s health and education, emphasizing the cost-effectiveness of such programs. (3) Encourage governments to implement deworming campaigns at the national level. (4) Designate a portion of grant funds of the institutions to deworming initiatives and cross-sectoral collaboration with water and sanitation and hygiene efforts and nutrition or education programming. (5) Encourage accurate monitoring and evaluation of NTD programs, including deworming programs. (6) Engage governments in cross-border initiatives for the treatment, control, prevention, and elimination of NTDs, and assist in developing transnational agreements, when necessary. II Department of Health and Human Services 201. Promoting efforts through interagency working groups and international forums The Secretary of Health and Human Services shall continue to promote the need for robust programs and activities to diagnose, prevent, control, and treat neglected tropical diseases— (1) through interagency working groups on health; and (2) through relevant international forums on behalf of the United States, including the post-2015 United Nations development agenda. 202. Report on neglected tropical diseases in the United States (a) In general Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the Congress a report on neglected tropical diseases in the United States. (b) Contents The report required by this section shall— (1) assess the epidemiology of, impact of, and appropriate funding required to address neglected tropical diseases in the United States; and (2) include the information necessary— (A) to guide future health policy with respect to such diseases; (B) to accurately evaluate the current state of knowledge concerning such diseases; and (C) to define gaps in such knowledge. 203. Centers of excellence Part P of title III of the Public Health Service Act is amended by inserting after section 399V–5 of such Act ( 42 U.S.C. 280g–16 ) the following: 399V–6. Neglected tropical disease centers of excellence (a) Cooperative Agreements and Grants (1) In general The Secretary, acting through the Director of the National Institute of Allergy and Infectious Diseases or the Administrator of the Health Resources and Services Administration, as appropriate, may enter into cooperative agreements with, and make grants to, public or private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for, one or more centers of excellence for research into, training in, and development of diagnosis, prevention, control, and treatment methods for neglected tropical diseases. (2) Eligibility To be eligible for a cooperative agreement or grant under this section, an entity must— (A) have demonstrated expertise in research on, and the epidemiology and surveillance of, the major neglected tropical diseases that are endemic to the United States, such as Chagas disease, dengue, leishmaniasis, and West Nile virus infection, and helminth infections; and (B) participate in one or more not-for-profit product development partnerships. (b) Policies A cooperative agreement or grant under paragraph (1) shall be entered into or awarded in accordance with policies established by the Director of the National Institutes of Health or the Health Resources and Services Administration, as applicable. (c) Coordination with other institutes The Secretary shall coordinate the activities under this section with similar activities conducted by other national research institutes, centers, and agencies of the National Institutes of Health to the extent that such institutes, centers, and agencies have responsibilities that are related to neglected tropical diseases. (d) Uses of funds A cooperative agreement or grant under subsection (a) may be used for— (1) staffing, administrative, and other basic operating costs, including such patient care costs as are required for research; (2) clinical training, including training for allied health professionals, continuing education for health professionals and allied health professions personnel, and information programs for the public with respect to neglected tropical diseases; and (3) research and development programs. (e) Period of Support; Additional Periods (1) In general Support of a center of excellence under this section may be for a period of not more than 5 years. (2) Extensions The period specified in paragraph (1) may be extended by the Secretary for additional periods of not more than 5 years if— (A) the operations of the center of excellence involved have been reviewed by an appropriate technical and scientific peer review group; and (B) such group has recommended to the Secretary that such period should be extended. (f) Definitions In this section: (1) The term neglected tropical disease has the meaning given to that term in section 5 of the End Neglected Tropical Diseases Act . (2) The term product development partnership means a partnership to bring together public and private sector researchers to develop new, or improve on current, global health tools, such as drugs, diagnostics, insecticides, vaccines, and vector management strategies— (A) that are for neglected tropical diseases; and (B) for which there is generally no profitable market. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2015 through 2019. . 204. Panel on worm infection solutions (a) Establishment The Director of the National Institutes of Health, in consultation with the Administrator of the United States Agency for International Development, shall establish a panel to conduct an evaluation of issues relating to worm infections, including potential solutions such as deworming medicines (in this section referred to as the panel ). (b) Strategies The panel shall develop recommendations for strategies for solutions with respect to— (1) repeat infections; (2) vector control; (3) clean water solutions; (4) identifying incentives to encourage basic research for less toxic, more effective medicines; and (5) improving the success and cost efficiency of current programs in these areas, based on a thorough scan of initiatives already underway in both the public and private sectors. (c) Appointment of members The Director of the National Institutes of Health shall appoint as members of the panel individuals from the public and private sectors who are knowledgeable about or affected by worm infections, including— (1) at least 2 representatives of nongovernmental organizations; (2) at least 2 representatives of private industry involved in the development of de-worming medications; (3) at least 2 representatives from academia; and (4) representatives of industries relating to sanitation, clean water, and vector control. (d) Report Not later than 1 year after the date of the enactment of this Act, the panel shall submit to Congress and the Director of the National Institutes of Health a report on its findings and recommended strategies, including recommendations for such administrative action and legislation as the panel determines to be appropriate. (e) Termination The panel shall terminate not later than 6 months after submitting the report required by subsection (d).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4847ih/xml/BILLS-113hr4847ih.xml
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113-hr-4848
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I 113th CONGRESS 2d Session H. R. 4848 IN THE HOUSE OF REPRESENTATIVES June 11, 2014 Mr. DeFazio 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 repeal the gas tax and rebuild our roads and bridges.
1. Short title This Act may be cited as the Repeal and Rebuild Act of 2014 . 2. Repeal of excise tax on gasoline (a) In general Section 4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking 18.3 cents per gallon and inserting 0 cents per gallon . (b) Conforming amendments (1) Section 4081(d)(1) of the Internal Revenue Code of 1986 is amended by striking clauses (i) and and inserting clause . (2) Section 4041(a)(2)(B)(i) of the Internal Revenue Code of 1986 is amended by striking the rate of tax specified in section 4081(a)(2)(A)(i) which is in effect at the time of such sale or use, and inserting 18.3 cents per gallon . (c) Effective date The amendments made by this section shall apply to fuel sold or used after December 31, 2014. 3. Repeal of excise tax on tires (a) In general Subchapter A of chapter 32 of subtitle D of the Internal Revenue Code of 1986 is amended by striking part II (relating to tires). (b) Conforming amendments (1) The table of parts for subchapter A of chapter 32 of subtitle D of the Internal Revenue Code of 1986 is amended by striking the item relating to part II. (2) Section 9503(b)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively. (3) Section 6412(a)(1) of the Internal Revenue Code of 1986 is amended— (A) in the text by striking 4071 or , and (B) in the heading by striking Tires and taxable and inserting Taxable . (4) Section 6416 of the Internal Revenue Code of 1986 is amended by striking subparagraph (C) of subsection (b)(1). (5) Section 4218 of the Internal Revenue Code of 1986 is amended— (A) in subsection (a) by striking (other than a tire taxable under section 4071) , and (B) by striking subsection (b) and redesignating subsection (c) as subsection (b). (6) Section 4221 of the Internal Revenue Code of 1986 is amended— (A) in subsection (a) by striking or 4071, , and (B) in subsection (e) by striking paragraph (2). (7) Section 4051 of the Internal Revenue Code of 1986 is amended by striking subsection (e). (c) Effective date (1) Except as provided by paragraph (2), the amendments made by this section shall apply to sales after December 31, 2014. (2) The amendments made by paragraphs (3), (4), (5), and (6) of subsection (b) shall apply to taxes imposed after December 31, 2014. (d) Special rule for floor stocks refunds relating to tires and taxable fuels In the case of an article subject to the tax imposed by section 4071 or 4081 before January 1, 2015, which has been sold, held, and not used and is intended for sale in the manner specified by section 6412(a)(1) of the Internal Revenue Code of 1986, such section shall be applied by substituting— (1) January 1, 2015 for October 1, 2016 , (2) July 1, 2015 for January 1, 2017 , and (3) October 1, 2015 for March 31, 2017 . 4. Double indexation of diesel fuels tax (a) In general Paragraph (2) of section 4081(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Index for highway construction cost inflation and fuel efficiency (i) In general In the case of any calendar year after 2014, the 24.3 cents rate in subparagraph (A)(iii) and the 19.7 cents rate in subparagraph (D), shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the double indexation for the calendar year. Any increase determined under subparagraph (A) shall be rounded to the nearest tenth of a cent. (ii) Exception for fuel used in aviation The adjustment under clause (i) shall not apply with respect to the rate of tax under subparagraph (A)(iii) by reason of subparagraph (C). (iii) Double indexation For purposes of clause (i), the double indexation for any calendar year is the sum of— (I) the highway construction cost adjustment, and (II) the CAFE fuel saved adjustment. (iv) Highway construction cost adjustment For purposes of clause (iii), the highway construction cost adjustment for any calendar year is the percentage (if any) by which— (I) the National Highway Construction Cost Index for the preceding calendar year, exceeds (II) the National Highway Construction Cost Index for calendar year 2013. (v) National Highway Construction Cost Index for any calendar year For purposes of clause (iv), the National Highway Construction Cost Index for any calendar year is the average of the National Highway Construction Cost Index as of the close of the 12-month period ending on August 31 of such calendar year. (vi) National Highway Construction Cost Index For purposes of clause (iv), the term National Highway Construction Cost Index means the last National Highway Construction Cost Index published by the Department of Transportation. (vii) CAFE fuel saved adjustment For purposes of clause (iii), the CAFE fuel saved adjustment for a calendar year is the percentage (if any) by which annual motor fuel use is reduced by the estimated CAFE fuel saved for that calendar year from the annual motor fuel use for the prior calendar year. (viii) Estimated CAFE fuel saved The term estimated CAFE fuel saved for a calendar year means the combined fuel saved estimates issued by the National Highway Traffic Safety Administration and the Environmental Protection Agency for passenger automobiles and light trucks and published in the Federal Register on May 7, 2010, and October 15, 2012, as part of final rules to implement corporate average fuel economy standards, and such successor estimates included in successor rules. (ix) Annual motor fuel use The term annual motor fuel use means the total number of gallons of gasoline used in a calendar year in highway use, as published by the Federal Highway Administration as part of its annual motor fuel use survey. (x) Notice Not later than December 15, 2014, and annually thereafter, the Secretary shall publish the rates of tax as adjusted under this subparagraph for the succeeding calendar year. . (b) Retail fuel excise tax Subsection (a) of section 4041 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Highway inflation adjustment (A) In general In the case of any calendar year after 2014, each dollar amount in paragraphs (1)(C)(iii)(I), (2)(B)(ii), and (3)(A) of this subsection and in subsections (b)(2)(A)(i), (b)(2)(C)(i), and (m)(1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the double indexation determined under section 4081(a)(2)(E) for the calendar year. (B) Rounding Any increase determined under subparagraph (A) shall be rounded to the nearest tenth of a cent. . (c) Conforming amendment Subparagraph (A) of section 4081(a)(2) of the Internal Revenue Code of 1986 is amended by striking The rate and inserting Except as provided in subparagraph (C), the rate . (d) Effective date The amendments made by this section shall apply to periods beginning after December 31, 2014. 5. Increase in tax on petroleum; transfer to Highway Trust Fund (a) In general Paragraph (1) of section 4611(c) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by inserting after subparagraph (B) the following new subparagraph: (C) the Highway Trust Fund financing rate. . (b) Rates (1) In general Paragraph (2) of section 4611(c) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by inserting after subparagraph (B) the following new subparagraph: (C) the Highway Trust Fund financing rate is $6.75 a barrel. . (2) Adjustment for inflation Section 4611(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (3) Highway Trust Fund financing rate inflation adjustment (A) In general In the case of any calendar year after 2014, the dollar amount in paragraph (2)(C) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the double indexation determined under section 4081(a)(2)(E) for the calendar year. (B) Rounding Any increase determined under subparagraph (A) shall be rounded to the nearest tenth of a cent. . (3) Credit for manufacturers tax Section 4611 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (g) Credit for manufacturers tax (1) In general Under regulations prescribed by the Secretary, there shall be allowed to the person liable for the tax under subsection (d) a credit against so much of the tax imposed by subsection (a) as relates to the Highway Trust Fund financing rate for each gallon of fuel— (A) produced, removed (within the meaning of section 4083(c)), or sold (as the case may be) with respect to the barrel of crude oil or petroleum on which tax is imposed under subsection (a), and (B) on which tax is imposed under section 4081(a). (2) Not applicable to gasoline Paragraph (1) shall not apply to gasoline (as defined in section 4083(a)(2)). (3) Amount of credit The amount of the credit allowable under paragraph (1) with respect to a gallon of a type of fuel produced from a barrel shall be the product of— (A) the Highway Trust Fund financing rate (as defined in section 4611(c)(2)) multiplied by 1/42 , (B) the sum of— (i) 1, plus (ii) the absolute value of the processing gain from the refinery yield (expressed as a decimal number) for the second calendar year preceding the year in which payment under paragraph (1) is made, as determined by the Energy Information Administration of the Department of Energy, and (C) the refinery yield for a product (expressed as a decimal number) for the second calendar year preceding the year in which payment under paragraph (1) is made, as determined by the Energy Information Administration of the Department of Energy. . (4) Leaking underground storage tank trust fund tax Section 4611 of the Internal Revenue Code of 1986, as amended by paragraph (3), is amended by adding at the end the following: (h) Leaking underground storage tank trust fund tax The rate of tax specified in subsection (c)(1)(C) shall be increased by 0.1 cent per gallon equivalent. For purposes of the preceding sentence, the per gallon equivalent shall be determined in accordance with section 4611(g)(3) by inserting 0.1 cent per gallon for the Highway Trust Fund financing rate in subparagraph (A) thereof. The increase in tax under this subsection shall in this title be added to and treated as part of the Leaking Underground Storage Tank Trust Fund financing rate under section 4081(a)(2)(B). . (c) Credit for alcohol fuel, biodiesel, and alternative fuel mixtures Section 6426(a) of the Internal Revenue Code of 1986 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 inserting after paragraph (2) the following: (3) against so much of the tax imposed by section 4611 as is attributable to subsection (c)(1)(C) an amount equal to the sum of the credits described in subsections (b), (c), and (e), determined on the same fraction of the amount of such tax as the gallon of taxable fuel is of the whole barrel. . (d) Conforming amendment Section 34(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3), and by inserting after paragraph (3) the following new paragraph: (4) under section 4611(g)(3). . (e) Effective date The amendments made by this section shall take effect on January 1, 2015. 6. Transportation bonds (a) Issuance The Secretary of the Treasury shall, pursuant to subchapter I of chapter 31 of title 31, United States Code, issue bonds which meet the terms and conditions of subsection (b), and the bond revenue (other than capitalized interest described in subsection (b)(2)) shall be transferred to the Highway Trust Fund and allocated between the Highway Account and the Mass Transit Account using the same ratio as provided under section 9503(e)(2) of the Internal Revenue Code of 1986. (b) Terms and conditions The terms and conditions of bonds referred to in this subsection are the following: (1) Term Bonds issued under subsection (a) shall have a term of 10 years. (2) Interest Interest shall be paid from the Temporary Transportation Bond Repayment Account. (3) Capitalized interest The Secretary of the Treasury may include capitalized interest in the principal amount of bonds issued under subsection (a) to pay the interest that the issuer estimates will become due and payable on the bonds prior to the receipt of sufficient transfers under section 9503(g)(2) of the Internal Revenue Code of 1986 to the Temporary Transportation Bond Repayment Account. Capitalized interest shall be deposited into the Transportation Bond Repayment Account and applied to interest on such bonds. (4) Amount outstanding The total face amount of bonds issued under this section may not exceed the amount the Secretary of the Treasury determines can be redeemed, taking into account this section and section 9503(g) of the Internal Revenue Code of 1986. (c) Transfers of transportation bond proceeds Section 9503(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Transfers of transportation bond proceeds There are hereby appropriated to the Highway Trust Fund amounts equivalent to the proceeds received in the Treasury before October 1, 2016, under section 6(a) of the Repeal and Rebuild Act of 2014 . . (d) Temporary Transportation Bond Repayment account Section 9503 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Establishment of Temporary Transportation Bond Repayment account (1) Creation of account There is established in the Highway Trust Fund a separate account to be known as the Temporary Transportation Bond Repayment Account consisting of such amounts as may be transferred or credited to the Temporary Transportation Bond Repayment Account as provided in this section. (2) Transfers to Temporary Transportation Bond Repayment Account The Secretary of the Treasury shall transfer to the Temporary Transportation Bond Repayment Account the excess of— (A) the portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to the increase in taxes under— (i) section 4041 by reason of section 4041(a)(4), (ii) section 4081 by reason of section 4081(a)(2)(E), and (iii) section 4461 by reason of section 4611(c)(2)(C) and after the application of section 4461(g), over (B) the amount estimated by the Secretary which would have been collected under section 4081(a)(2)(A)(i) and part II of subchapter A of chapter 32 if such provisions had not been repealed. (3) Expenditures from Account Amounts in the Temporary Transportation Bond Repayment Account shall be available for redeeming bonds issued under section 6 of the Repeal and Rebuild Act of 2014 . (4) Termination The Temporary Transportation Bond Repayment Account shall close after all bonds issued under section 6 of the Repeal and Rebuild Act of 2014 have been redeemed and all amounts in the account and all future revenue that would have transferred to the account shall be transferred to the Highway Trust Fund and allocated between the Highway Account and the Mass Transit Account in the same ratio as provided under subsection (e)(2). . (e) Conforming amendment Section 9503(e)(5)(B) of the Internal Revenue Code of 1986 is amended by inserting or the Temporary Transportation Bond Repayment Account before the period at the end. (f) Effective date The amendments made by this section shall apply to periods after December 31, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4848ih/xml/BILLS-113hr4848ih.xml
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113-hr-4849
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I 113th CONGRESS 2d Session H. R. 4849 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Lankford introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to allow advanced biofuel, biomass-based diesel, and cellulosic biofuel to satisfy the mandates of the renewable fuel program only if domestically produced, to eliminate the corn ethanol mandate under such program, and for other purposes.
1. Short title This Act may be cited as the Phantom Fuels Elimination Act of 2014 . 2. Advanced biofuel, biomass-based diesel, and cellulosic biofuel required To be produced in the United States To satisfy renewable fuel program mandates (a) Advanced biofuel Section 211(o)(1)(B)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(B)(i) ) is amended by striking that has lifecycle and inserting that is produced in the United States and has lifecycle . (b) Biomass-Based diesel Section 211(o)(1)(D) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(D) ) is amended— (1) in the first sentence, by striking that is biodiesel and inserting that is produced in the United States and is biodiesel ; and (2) in the second sentence, by striking renewable fuel derived from and inserting renewable fuel that is produced in the United States and derived from . (c) Cellulosic biofuel Section 211(o)(1)(E) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(E) ) is amended— (1) by striking renewable fuel derived from and inserting renewable fuel that is produced in the United States, that is derived from ; and (2) by inserting a comma after from renewable biomass . (d) Waivers for reduction of applicable volume in case of inadequate supply (1) Advanced biofuel Section 211(o)(7) of the Clean Air Act ( 42 U.S.C. 7545(o)(7) ) is amended by adding at the end the following: (G) Advanced biofuel For any calendar year for which the projected volume of advanced biofuel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of advanced biofuel required under paragraph (2)(B) to the projected volume available during that calendar year. . (2) Biomass-based diesel Section 211(o)(7)(E) of the Clean Air Act ( 42 U.S.C. 7545(o)(7)(E) ) is amended by adding at the end the following: (iv) Inadequate supply For any calendar year for which the projected volume of biomass-based diesel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of biomass-based diesel production required under paragraph (2)(B) to the projected volume available during that calendar year. . (3) Estimate of volumes Section 211(o)(3)(A) of the Clean Air Act ( 42 U.S.C. 7545(o)(3)(A) ) is amended by inserting advanced biofuel, before biomass-based diesel . 3. Elimination of corn ethanol mandate for renewable fuel (a) In general Section 211(o)(2)(A)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(A)(i) ) is amended by striking renewable fuel, after contains at least the applicable volume of . (b) Removal of table Section 211(o)(2)(B)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B)(i) ) is amended by striking subclause (I). (c) Conforming amendments Section 211(o)(2)(B) of the Clean Air Act ( 42 U.S.C. 7545(o)(2)(B) ) is amended— (1) in clause (i)— (A) by redesignating subclauses (II) through (IV) as subclauses (I) through (III), respectively; (B) in subclause (I) (as so redesignated), by striking of the volume of renewable fuel required under subclause (I), ; and (C) in subclauses (II) and (III) (as so redesignated), by striking subclause (II) each place it appears and inserting subclause (I) ; (2) by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and (3) in clause (iv), as so redesignated, by striking clause (i)(IV) and inserting clause (i)(III) . (d) Administration Nothing in this section or the amendments made by this section affects the volumes of advanced biofuel, cellulosic biofuel, or biomass-based diesel that are required under section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ) (as in effect on the day before the date of enactment of this Act). (e) Regulations Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate such regulations as are necessary to carry out the amendments made by this section. (f) Effective date The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.
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113-hr-4850
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I 113th CONGRESS 2d Session H. R. 4850 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Daines (for himself and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to prohibit the regulation of emissions of carbon dioxide from new or existing power plants under certain circumstances.
1. Short title This Act may be cited as the Coal Jobs and Affordable Energy Protection Act of 2014 . 2. Findings The Congress finds the following: (1) America has enough coal to last for 200 years. Today this abundant, low-cost, and reliable resource generates approximately 40 percent of the Nation’s electricity—more than any other energy source. But new estimates show that because of looming regulatory restrictions, a large number of America's coal-fired plants would be forced to close over the next 6 years, weakening the reliability of the power grid, increasing the price of energy, and depriving consumers of enough generating capacity to supply electricity to as many as 50 million homes. (2) Consumers should not be forced to pay for unproven technology. The Environmental Protection Agency’s performance standards for new coal-fired power plants rely on carbon capture and storage technology that is not only unproven, but also prohibitively expensive. One Department of Energy official recently told Congress that implementing this technology could increase the wholesale price of electricity by as much as 80 percent. (3) Higher energy prices hit the poor harder. Policies that increase the price of electricity tax those who can least afford it—elderly Americans on fixed incomes and low-income families. Households with annual incomes at $50,000 or less already spend more of their budgets on energy than on food. Policies that hike the price of electricity will harm most those already on tight budgets. (4) More expensive electricity hurts American industry. Policies that produce higher and more volatile electricity costs harm many of America's basic industries, damaging their ability to control costs, generate profits, and compete in global markets. For the United States steel industry, for example, a 1 cent increase in the price of electricity adds $450 million in additional expense—money that won’t be used to improve operations and increase employment. (5) Coal-fired power plants today are cleaner and more efficient than ever before. The coal plants of the 21st century emit 40 percent less carbon dioxide than the average 20th century coal plant, and the technology is constantly improving. Policies that shut down generating capacity and raise prices—rather than nurture the development of additional coal technologies—will only harm all of the Nation’s energy users, families, and businesses alike. 3. Regulation of emissions of carbon dioxide from new or existing power plants (a) Limitation on regulation The Clean Air Act is amended by inserting after section 312 ( 42 U.S.C. 7612 ) the following: 313. Limitation on regulation of emissions of carbon dioxide from new or existing power plants (a) Definition of new or existing power plant In this section, the term new or existing power plant means a fossil fuel-fired power plant that commences operation at any time. (b) Limitation Notwithstanding any other provision of law (including regulations), the Administrator may not promulgate any regulation or guidance that limits or prohibits any new carbon dioxide emissions from a new or existing power plant, and no such regulation or guidance shall have any force or effect, until the date on which— (1) the Secretary of Labor certifies to the Administrator that the regulation or guidance will not generate any loss of employment; (2) the Director of the Congressional Budget Office certifies to the Administrator that the regulation or guidance will not result in any loss in the gross domestic product of the United States; (3) the Administrator of the Energy Information Administration certifies to the Administrator that the regulation or guidance will not generate any increase in electricity rates in the United States; and (4) the Chairperson of the Federal Energy Regulatory Commission and the President of the North American Electric Reliability Corporation certify to the Administrator the reliability of electricity delivery under the regulation or guidance. . (b) Technical correction The Clean Air Act is amended by redesignating the second section 317 ( 42 U.S.C. 7617 ) (relating to economic impact assessment) as section 318.
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113-hr-4851
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I 113th CONGRESS 2d Session H. R. 4851 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. McGovern (for himself, Mr. Pitts , Mr. Wolf , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote access for United States officials, journalists, and other citizens to Tibetan areas of the People’s Republic of China, and for other purposes.
1. Short title This Act may be cited as the Reciprocal Access to Tibet Act of 2014 . 2. Findings Congress finds the following: (1) The Chinese Government does not grant United States officials, journalists, and other citizens access to the People’s Republic of China on a reciprocal basis to the access the United States Government grants Chinese officials, journalists, and citizens. (2) The Chinese Government imposes greater restrictions on travel to Tibetan areas than to other areas of the People’s Republic of China. (3) Officials of the People’s Republic of China have stated that Tibet is open to foreign visitors. (4) The Chinese Government is promoting tourism in Tibetan areas, and has announced plans to make tourism a pillar industry for the region. (5) The Chinese Government requires foreigners to obtain permission from the Tibet Foreign and Overseas Affairs Office or from the Tibet Tourism Bureau to enter the Tibet Autonomous Region, a restriction that is not imposed on travel to any other provincial-level jurisdiction in the People’s Republic of China. (6) The Department of State reports that the Tibet Foreign and Overseas Affairs Office denied more than 10 requests for United States diplomatic access to the Tibet Autonomous Region between May 2011 and December 2012, and that when such requests are granted, diplomatic personnel are closely supervised and given few opportunities to meet local residents not approved by authorities. (7) The Chinese Government restricted United States consular access after an October 28, 2013, bus crash in the Tibet Autonomous Region, in which at least two Americans died and more than a dozen others, all from Walnut, California, were injured. (8) The Chinese Government has failed to respond positively to the United States Government’s request to open a consulate in Lhasa, Tibet Autonomous Region. (9) The Department of State reports that the Chinese government regularly denies requests by American diplomats, foreign journalists, and observers to visit Tibetan areas, and that those permitted to visit are subject to highly structured, government-organized tours that limit independent, objective reporting. (10) The Department of State reports that foreign diplomats who were permitted to travel in Tibetan areas outside the Tibet Autonomous Region were repeatedly approached by local police and sometimes forced to leave without reasonable explanation . (11) The Department of State reports that permission is not always granted to foreign tourists, and that when granted, Lhasa, Rikaze (Shigatse), and Shannan (Lhoka) are usually the only places in the Tibet Autonomous Region open to foreigners. (12) Foreign visitors also face restrictions in their ability to travel freely in Tibetan areas outside the Tibet Autonomous Region. (13) Foreign visitors to Tibetan areas are explicitly limited to tours that are tightly managed by authorities. (14) Restrictions on journalists’ access to Tibetan areas conflict with government regulations, adopted in 2008, lifting requirements that foreign journalists get permission of local authorities to travel in the country and interview Chinese citizens. (15) The United States Government generally allows journalists and other citizens of the People’s Republic of China to travel freely within the United States. The United States Government requires Chinese diplomats to notify the Department of State of their travel plans, and in certain situations, the United States Government requires Chinese diplomats to obtain approval from the Department of State before travel. However, where approval is required, it is almost always granted expeditiously. (16) The United States regularly grants visas to Chinese officials, scholars, and others who travel to the United States to discuss, promote and display the Chinese Government’s perspective on the situation in Tibetan areas, even as the Chinese Government restricts the ability of United States citizens to travel to Tibetan areas to gain their own perspective. (17) Chinese diplomats based in the United States generally avail themselves of the freedom to travel to United States cities and lobby city councils, mayors, and governors to refrain from passing resolutions, issuing proclamations, or making statements of concern on Tibet. (18) The Chinese Government characterizes statements made by United States officials about the situation in Tibetan areas as inappropriate interference in the internal affairs of China. 3. Definitions In this Act: (1) Tibetan areas The term Tibetan areas includes— (A) the Tibet Autonomous Region (TAR); and (B) the prefectures and counties of the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People’s Republic of China that the Chinese Government designates as Tibetan Autonomous areas. (2) Senior leadership positions The term senior leadership positions means— (A) at the provincial level, the Governor, the Vice Governor, the Party Secretary, the Party Disciplinary Committee Secretary, the Party Politics and Law Committee Secretary, the Organization Department Director, the Chairman of the Standing Committee of the People’s Congress for the Autonomous Region or Province, the Chairman of the Autonomous Region or Provincial Committee of the People’s Political Consultative Conference, the head of the Tibetan Autonomous Region Communist Party Committee United Front Work Department, the head of the Tibetan Autonomous Region Communist Party Committee Political and Legal Commission, the heads of the Tibetan Autonomous Region Public Security and State Security Bureaus, the Commander of the People’s Armed Police, the head of the Foreign and Overseas Affairs Office, the Director of the Tibet Tourism Bureau in the Tibet Autonomous Region, and the Party Secretary and Mayor of Lhasa and the relevant provincial capitals; (B) at the prefectural and county levels, the Party Secretary, the Deputy Party Secretaries, the prefecture and county heads and deputy heads, the Secretary General, and the Deputy Secretary General; (C) at the national level, the Director of the Communist Party Central Committee United Front Work Department, the Director of the State Ethnic Affairs Commission, the Director of the State Administration for Religious Affairs, the Director of the State Council Information Office, and the Director of the Foreign Affairs Office of the State Council Information Office; (D) at the regional level, the Regional People’s Armed Police and Military Commanders with jurisdiction in Tibetan areas; and (E) any other individual determined by the Secretary of State to be personally and substantially involved in the formulation or execution of policies in Tibetan areas. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the United States Senate. 4. Report to Congress (a) In general Not later than 90 days after the date of the enactment of this Act and every 12 months thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that provides— (1) an assessment of the level of access Chinese authorities granted United States diplomats, journalists, and tourists to Tibetan areas in the People’s Republic of China, including a comparison with the level of access granted to other areas of the People’s Republic of China, a comparison between the levels of access granted to Tibetan and non-Tibetan areas in relevant provinces, and a description of the required permits and other measures that impede the freedom to travel in Tibetan areas; (2) a list of the persons in senior leadership positions in the Tibet Autonomous Region; (3) a list of the persons in senior leadership positions in the provinces of Sichuan, Qinghai, Yunnan, and Gansu Provinces of the People’s Republic of China; (4) a list of the persons in senior leadership positions in Kardze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Tibetan Autonomous Prefecture, Muli (Mili) Autonomous County of Sichuan Province, Tsonub (Haixi) Mongol and Tibetan, Tsojang (Haibei) Tibetan, Malho (Huangnan) Tibetan, Yulshul (Yushu) Tibetan, and Golog (Guoluo) Tibetan Autonomous Prefectures of Qinghai Province, Dechen (Diqing) Tibetan Autonomous Prefecture of Yunnan Province, and the Kanlho (Gannan) Tibetan Autonomous Prefecture and Pari (Tianzhu) Tibetan Autonomous County of Gansu Province; (5) a list of the persons in senior leadership positions at the national level as defined in section 3(2)(C); and (6) a list of the persons in senior leadership positions at the regional level as defined in section 3(2)(D). (b) Public availability The report required under subsection (a) shall be made available on the website of the Department of State. 5. Inadmissibility of certain aliens (a) Ineligibility for visas An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if such alien is on the list required by— (1) subsection (a)(2) of section 4, and if the Secretary of State determines that the requirements for specific official permission for foreigners to travel to the Tibet Autonomous Region remain in effect, or that the current permission system has been replaced by a requirement that has the same effect of requiring foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other province-level entities in the People’s Republic of China; (2) subsections (a)(3) and (a)(4) of section 4, and if the Secretary of State determines that restrictions on travel by United States officials, journalists, and citizens to areas designated as Tibetan autonomous in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People’s Republic of China are greater than any restrictions on travel by United States officials, journalists, and citizens to areas in such provinces that are not so designated; or (3) subsections (a)(5) and (a)(6) of section 4, and if the Secretary of State determines that the requirement for a specific permission to enter Tibet pertaining to travel by foreigners to the Tibet Autonomous Region remain in effect, or that the requirement has been replaced by a regulation that has the same effect of requiring foreign travelers to gain a level of permission to enter the Tibet Autonomous Region that is not required for travel to other province-level entities in the People’s Republic of China, and if the Secretary of State determines that restrictions on travel by United States officials and citizens to areas designated as Tibetan Autonomous in the provinces of Sichuan, Qinghai, Yunnan, and Gansu of the People’s Republic of China are greater than any restrictions on travel by United States officials and citizens to areas in such provinces that are not so designated. (b) Current visas revoked The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a). (c) Waiver for national interests (1) In general The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if the Secretary determines that such a waiver— (A) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (B) is in the national security interests of the United States. (2) Notification Upon granting a waiver under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a document detailing the evidence and justification for the necessity of such waiver, including, if such waiver is granted pursuant to subparagraph (B) of such paragraph, how such waiver relates to the national security interests of the United States. 6. Visa policy It is the sense of Congress that— (1) reciprocity forms the basis of diplomatic law and the practice of mutual exchanges between countries; (2) a country should give equivalent consular access to the nationals of another country in a reciprocal manner to the consular access granted by such other country to its own citizens; and (3) the Secretary of State, when granting diplomats from the People’s Republic of China access to parts of the United States, should take into account the extent to which the Government of the People’s Republic of China grants United States diplomats access to parts of the People’s Republic of China, including the level of access afforded to such diplomats to Tibetan areas.
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113-hr-4852
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I 113th CONGRESS 2d Session H. R. 4852 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Cartwright (for himself and Ms. Norton ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the Secretary of Defense to award grants to fund research on orthotics and prosthetics.
1. Short title This Act may be cited as the Wounded Warrior Research Enhancement Act . 2. Orthotic and Prosthetic Research (a) Purpose The purpose of the grants described in this section is to advance orthotic and prosthetic clinical care for members of the Armed Forces, veterans, and civilians who have undergone amputation, traumatic brain injury, and other serious physical injury as a result of combat or military experience. (b) Grants for research on patient outcomes The Secretary of Defense shall award grants to persons to carry out research on the following: (1) The actions that can be taken to prevent amputation of limbs. (2) The point in the course of patient treatment during which orthotic and prosthetic intervention is most effective. (3) The orthotic interventions that are most effective in treating the physical effects of traumatic brain injury. (4) The patients that benefit most from particular orthotic and prosthetic technologies. (5) The orthotic and prosthetic services that best facilitate the return to active duty of members of the Armed Forces. (6) The effect of the aging process on the use of prosthetics, including— (A) increased skin breakdown; (B) loss of balance; (C) falls; and (D) other issues that arise during the aging process. (c) Grants on materials research The Secretary shall award grants to persons to carry out research on the following: (1) The improvement of existing materials used in orthotics and prosthetics for the purpose of improving quality of life and health outcomes for individuals with limb loss. (2) The development of new materials used in orthotics and prosthetics for the purpose of improving quality of life and health outcomes for individuals with limb loss. (d) Grants on technology research The Secretary shall award grants to persons to carry out research on the following: (1) The improvement of existing orthotic and prosthetic technology and devices for the purpose of improving quality of life and health outcomes for individuals with limb loss. (2) The development of new orthotic and prosthetic technology and devices for the purpose of improving quality of life and health outcomes for individuals with limb loss. (e) Request for proposals A person seeking the award of a grant under this section shall submit to the Secretary an application therefore in the form and accompanied by such information as the Secretary shall require. (f) Award requirements (1) Peer-reviewed proposals Grants under this section may be awarded only for research that is peer-reviewed. (2) Competitive procedures Grants under this section shall be awarded through competitive procedures. (g) Grant use A person awarded a grant under subsection (b), (c), or (d) shall use the grant amount to carry out the research described in the applicable subsection. (h) Reports Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, veterans, community-based clinicians, and expert researchers in the field of orthotics and prosthetics, submit to Congress a report setting forth the following: (1) An agenda for orthotic and prosthetic research that identifies and prioritizes the most significant unanswered orthotic and prosthetic research questions pertinent to the provision of evidence-based clinical care to members of the Armed Forces, veterans, and civilians. (2) For each report after the initial report under this subsection— (A) a summary of how the grants awarded under subsection (b) are addressing the most significant orthotic and prosthetic needs; and (B) the progress made towards resolving orthotic and prosthetic challenges facing members of the Armed Forces and veterans. (i) Veteran defined In this section, the term veteran has the meaning given that term in section 101 of title 38, United States Code. (j) Authorization of appropriations There is authorized to be appropriated for fiscal year 2014 for the Department of Defense for the Defense Health Program, $30,000,000 to carry out this section.
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113-hr-4853
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I 113th CONGRESS 2d Session H. R. 4853 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Renacci (for himself and Mr. Pascrell ) 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 allow individuals to elect to receive the Medicare Summary Notice electronically, and for other purposes.
1. Short title This Act may be cited as the Better Efficiency and Administrative Simplification Act of 2014 . 2. Option to receive Medicare Summary Notice electronically (a) In general Section 1806 of the Social Security Act ( 42 U.S.C. 1395b–7 ) is amended by adding at the end the following new subsection: (c) Format of statements from Secretary (1) Electronic option beginning in 2015 Subject to paragraph (2), for statements described in subsection (a) that are furnished for a period in 2015 or a subsequent year, in the case that an individual described in subsection (a) elects, in accordance with such form, manner, and time specified by the Secretary, to receive such statement in an electronic format, such statement shall be furnished to such individual for each period subsequent to such election in such a format and shall not be mailed to the individual. (2) One-time revocation option An individual who makes an election described in paragraph (1) may revoke such election once. (3) Notification The Secretary shall ensure that, in the most cost effective manner and beginning January 1, 2017, a clear notification of the option to elect to receive statements described in subsection (a) in an electronic format is made available, such as through the notices distributed under section 1804, to individuals described in subsection (a). For notices distributed under section 1804 on or after January 1, 2017, the Secretary shall ensure that such notice includes a clear notification of the option to elect to receive statements described in subsection (a) in an electronic format. . (b) Encouraged expansion of electronic statements To the extent to which the Secretary of Health and Human Services determines appropriate, the Secretary shall— (1) apply an option similar to the option described in subsection (c)(1) of section 1806 of the Social Security Act ( 42 U.S.C. 1395b–7 ) (relating to the provision of the Medicare Summary Notice in an electronic format), as added by subsection (a), to other statements and notifications under title XVIII of such Act ( 42 U.S.C. 1395 et seq. ); and (2) provide such Medicare Summary Notice and any such other statements and notifications on a more frequent basis than is otherwise required under such title. 3. Renewal of MAC contracts Section 1874A(b)(1)(B) of the Social Security Act ( 42 U.S.C. 1395kk–1(b)(1)(B) ) is amended by striking 5 years and inserting 10 years .
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113-hr-4854
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I 113th CONGRESS 2d Session H. R. 4854 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Gibbs (for himself, Mr. Rahall , Mr. Bucshon , Mrs. Capito , Mr. Massie , Mr. Cramer , Mr. Perry , Mr. Ribble , Mrs. Lummis , Mr. Jones , Mr. Southerland , Mr. McKinley , Mr. Huelskamp , and Mr. Marino ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to clarify when the Administrator of the Environmental Protection Agency has the authority to prohibit the specification of a defined area, or deny or restrict the use of a defined area for specification, as a disposal site under section 404 of such Act, and for other purposes.
1. Short title This Act may be cited as the Regulatory Certainty Act of 2014 . 2. Permits for dredged or fill material (a) In general Section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) ) is amended— (1) by striking (c) and inserting (c)(1) ; (2) in paragraph (1), as so designated, by inserting during the period described in paragraph (2) and before after notice and opportunity for public hearings ; and (3) by adding at the end the following: (2) (A) The period during which the Administrator may prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, or deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, under paragraph (1) shall— (i) begin on the date that the Secretary provides notice to the Administrator that the Secretary has completed all procedures for processing an application for a permit under this section relating to the specification and is ready to determine, in accordance with the record and applicable regulations, whether the permit should be issued; and (ii) end on the date that the Secretary issues the permit. (B) The Secretary shall ensure that the period described in subparagraph (A) consists of not fewer than 30 consecutive days. (C) The Secretary may issue a permit under this section only after the Secretary provides notice to the Administrator in accordance with this paragraph. . (b) Applicability The amendments made by subsection (a) shall apply to a permit application submitted under section 404(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(a) ) after the date of enactment of this Act.
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113-hr-4855
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I 113th CONGRESS 2d Session H. R. 4855 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Gerlach (for himself, Mr. Neal , Mr. Kelly of Pennsylvania , and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide an exception from the passive loss rules for investments in high technology research small business pass-thru entities.
1. Exception from passive loss rules for investments in high technology research small business pass-thru entities (a) In general Subsection (c) of section 469 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively, and by inserting after paragraph (3) the following new paragraph: (4) High technology research activities (A) In general The term passive activity shall not include any qualified research activity of the taxpayer carried on by a high technology research small business pass-thru entity. (B) Treatment of losses and deductions (i) In general Losses or deductions of a taxpayer relating to qualified research activities carried on by a high technology research small business pass-thru entity shall not be treated as losses or deductions, respectively, from a passive activity except as provided in clause (ii) and subparagraph (C). (ii) Limitation Clause (i) shall apply to losses and deductions of a taxpayer relating to a high technology small business pass-thru entity for a taxable year only to the extent that the aggregate losses and deductions of the taxpayer relating to qualified research activities of such entity for such taxable year do not exceed the portion of the taxpayer’s adjusted basis in the taxpayer’s ownership interest in such entity that is attributable to money or other property contributed— (I) in exchange for such ownership interest, and (II) specifically for use in connection with qualified research activities. For purposes of the preceding sentence, the taxpayer’s basis shall not include any portion of such basis which is attributable to an increase in a partner’s share of the liabilities of a partnership that is considered under section 752(a) as a contribution of money. (C) Treatment of carryovers Subparagraph (B)(i) shall not apply to the portion of any loss or deduction that is carried over under subsection (b) into a taxable year other than the taxable year in which such loss or deduction arose. (D) Qualified research activity For purposes of this paragraph, the term qualified research activity means any activity constituting qualified research (within the meaning of section 41(d)(1)(B) and taking into account paragraphs (3) and (4) of section 41(d)) which involves a process of experimentation. (E) High technology research small business pass-thru entity For purposes of this paragraph, the term high technology research small business pass-thru entity means any domestic pass-thru entity for any taxable year if— (i) either— (I) more than 75 percent of the entity’s expenditures (including salaries, rent and overhead) for such taxable year are paid or incurred in connection with qualified research (within the meaning of section 41(d)(1)(B), taking into account paragraphs (3) and (4) of section 41(d)) that involves a process of experimentation conducted by the entity, or (II) more than 50 percent of the entity’s expenditures for such taxable year constitute qualified research expenses (as defined in section 41(b), but determined without regard to the phrase 65 percent of in paragraph (3)(A) thereof), (ii) such entity is a small business (within the meaning of section 41(b)(3)(D)(iii), applied by substituting 250 for 500 in subclause (I) thereof), and (iii) at no time during the taxable year does the entity have aggregate gross assets in excess of $150,000,000. (F) Provisions related to aggregate gross assets limitation For purposes of this paragraph— (i) In general Except as otherwise provided in this subparagraph, the term aggregate gross assets has the meaning given such term in section 1202(d)(2). (ii) Exception for certain intangibles Any section 197 intangible (as defined in section 197(d) and determined without regard to section 197(e)) which is used directly in connection with the research referred to in subparagraph (E)(i) shall not be taken into account in determining aggregate gross assets. (iii) Exception for certain follow-on investments Cash from a sale of equity interests shall not be taken into account in determining aggregate gross assets if— (I) the aggregate gross assets of such entity (determined immediately after such sale and without regard to this clause) do not exceed the sum of $150,000,000, plus 25 percent of the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause), and (II) the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause) do not exceed $150,000,000. Sales of equity interests which are part of the same plan or arrangement, or which are carried out with the principal purpose of increasing the amount of cash to which this clause applies (determined without regard to this sentence), shall be treated as a single sale for purposes of this clause. (iv) Inflation adjustment In the case of any taxable year beginning after 2015, the $150,000,000 amount in subparagraph (E)(iii) and subclauses (I) and (II) of clause (iii) shall each be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest $100,000. (G) Capital expenditures taken into account for expenditures test An expenditure shall not fail to be taken into account under subparagraph (E)(i) merely because such expenditure is chargeable to capital account. (H) Pass-thru entity For purposes of this paragraph, the term pass-thru entity means any partnership, S corporation, or other entity identified by the Secretary as a pass-thru entity for purposes of this paragraph. (I) Aggregation rules (i) In general All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single entity for purposes of subparagraphs (E) and (F)(iii). (ii) Limitation where entity would not qualify No entity shall be treated as a high technology research small business pass-thru entity unless such entity qualifies as such both with and without the application of clause (i). (J) Activities not engaged in for profit and economic substance rules Section 183 and the economic substance rules of section 7701(o) shall not apply to disallow the losses, deductions, and credits of a high technology research small business pass-thru entity solely as a result of losses incurred by such entity. . (b) Material participation not required Paragraph (5) of section 469(c) of the Internal Revenue Code of 1986, as redesignated by subsection (a), is amended by striking and (3) in the heading and text and inserting , (3), and (4) . (c) Certain research-Related deductions and credits of high technology research small business pass-Thru entities allowed for purposes of determining alternative minimum tax (1) Deduction for research and experimental expenditures Paragraph (2) of section 56(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Exception for high technology research small business pass-thru entities In the case of a high technology research small business pass-thru entity (as defined in section 469(c)(4)), this paragraph shall not apply to any amount allowable as a deduction under section 174(a). . (2) Allowance of certain research-related credits Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (ii) through (ix) as clauses (iii) through (x), respectively, and by inserting after clause (i) the following new clause: (ii) the credits of an individual taxpayer determined under sections 41 and 48D to the extent attributable to a high technology research small business pass-thru entity (as defined in section 469(c)(4)), . (d) Exception to limitation on pass-Thru of research credit Subsection (g) of section 41 of such Code is amended by adding at the end the following: Paragraphs (2) and (4) shall not apply with respect to any high technology research small business pass-thru entity (as defined in section 469(c)(4)). . (e) Effective date The amendments made by this section shall apply to losses and credits arising in taxable years beginning on or after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4855ih/xml/BILLS-113hr4855ih.xml
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113-hr-4856
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I 113th CONGRESS 2d Session H. R. 4856 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Latta (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To clarify that no express or implied warranty is provided by reason of a disclosure relating to voluntary participation in the Energy Star program, and for other purposes.
1. Short title This Act may be cited as the Energy Star Program Integrity Act . 2. No warranty Section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ) is amended by adding at the end the following new subsection: (e) No warranty (1) In General Any disclosure relating to participation of a product in the Energy Star program shall not create an express or implied warranty or give rise to any private claims or rights of action under State or Federal law relating to the disqualification of that product from Energy Star if— (A) the product has been certified by a certification body recognized by the Energy Star program; (B) the Administrator has approved corrective measures, including a determination of whether or not consumer compensation is appropriate; and (C) the responsible party has fully complied with all approved corrective measures. (2) Construal Nothing in this subsection shall be construed to require the Administrator to modify any procedure or take any other action. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4856ih/xml/BILLS-113hr4856ih.xml
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