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113-hr-4857
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I 113th CONGRESS 2d Session H. R. 4857 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Reed (for himself, Mr. Roskam , Mr. Rogers of Michigan , Mr. McDermott , Mr. Schneider , and Mrs. Capps ) 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 modify payment under the Medicare program for outpatient department procedures that utilize drugs as supplies, and for other purposes.
1. Short title This Act may be cited as the Ensuring Equal Access to Treatments Act of 2014 . 2. Payment under the Medicare program for outpatient department procedures that utilize drugs as supplies Section 1833(t)(2)(G) of the Social Security Act ( 42 U.S.C. 1395l(t)(2)(G) ) is amended by striking shall and all that follows and inserting the following: shall— (i) create additional groups of covered OPD services that classify separately those procedures that utilize contrast agents from those that do not; (ii) create and implement, for services furnished not later than the date of the enactment of this clause and in a budget neutral manner, additional groups of covered OPD services that classify separately those procedures that utilize a drug (other than contrast agents and diagnostic radiopharmaceuticals) that both— (I) has a cost above the drug packaging threshold; and (II) functions as a supply when used in a diagnostic test or procedure; from those that do not; and .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4857ih/xml/BILLS-113hr4857ih.xml
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113-hr-4858
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I 113th CONGRESS 2d Session H. R. 4858 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Ms. Chu (for herself, Mr. Schiff , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the San Gabriel National Recreation Area as a unit of the National Park System in the State of California, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the San Gabriel National Recreation Area Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Establishment of San Gabriel National Recreation Area. Sec. 4. Management. Sec. 5. Non-Federal lands. Sec. 6. Water rights; water resource facilities; public roads; utility facilities. Sec. 7. San Gabriel National Recreation Area Public Advisory Council. Sec. 8. San Gabriel National Recreation Area Partnership. Sec. 9. Access and visitor services. 2. Definitions In this Act: (1) Adjudication The term adjudication means any final judgment, order, ruling, or decree entered in any judicial proceeding adjudicating or affecting water rights, surface water management, or groundwater management. (2) Advisory council The term advisory council means the San Gabriel National Recreation Area Public Advisory Council established by section 7(a). (3) Federal lands The term Federal lands includes lands under the jurisdiction of the Secretary of Agriculture or the Secretary of the Interior. (4) Management plan The term management plan means the management plan for the San Gabriel National Recreation Area required by section 4(e). (5) Park lands The term park lands means Federal lands under the jurisdiction of the Secretary and administered as part of the National Park System. (6) Partnership The term partnership means the San Gabriel National Recreation Partnership established by section 8(a). (7) Recreation area The term recreation area means the San Gabriel National Recreation Area established by section 3(b). (8) Secretary The term Secretary means the Secretary of the Interior. (9) Secretaries The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture acting jointly. (10) State The term State means the State of California. (11) Utility facility The term utility facility means electric substations, communication facilities, towers, poles, and lines, ground wires, communication circuits, and other structures, and related infrastructure. (12) Water resource facility The term water resource facility means irrigation and pumping facilities, dams and reservoirs, flood control facilities, water conservation works, including debris protection facilities, sediment placement sites, rain gauges, and stream gauges, water quality facilities, recycled water facilities and water pumping, conveyance distribution systems, and water treatment facilities, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, groundwater recharge facilities, water conservation, water filtration plants, and other water diversion, conservation, groundwater recharge, storage, and carriage structures. 3. Establishment of San Gabriel National Recreation Area (a) Purposes The purposes of this Act are— (1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the recreation area; (2) to provide environmentally responsible, well-managed recreational opportunities within the recreation area, and improve access to and from the recreation area; (3) to provide expanded educational and interpretive services that will increase public understanding of and appreciation for the natural and cultural resources of the recreation area; (4) to facilitate the cooperative management of the lands and resources within the recreation area, in collaboration with the State and political subdivisions of the State, historical, business, cultural, civic, recreational, tourism and other nongovernmental organizations, and the public; and (5) to allow the continued use of the recreation area by all persons, entities, and local government agencies in activities relating to integrated water management, flood protection, water conservation, water quality, water rights, water supply, groundwater recharge and monitoring, wastewater treatment, public roads and bridges, and utilities within or adjacent to the recreation area. (b) Establishment and boundaries Subject to valid existing rights, there is hereby designated the San Gabriel National Recreation Area in the State, which shall consist of approximately 615,245 acres of Federal lands and interests in land in the State as depicted on the map titled San Gabriel National Recreation Area and dated June 12, 2014. (c) Map and legal description (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and a legal description of the recreation area with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and agencies of the Department of the Interior. (d) Administration and jurisdiction (1) National forest system lands The National Forest System lands within the recreation area shall be administered by the Secretary of Agriculture. (2) National park system lands The park lands shall be administered by the Secretary as a unit of the National Park System. (3) No change in jurisdiction Nothing in this Act transfers administrative jurisdiction of Federal lands from the Secretary of Defense or Secretary of Agriculture to the Secretary. (4) State and local jurisdiction Nothing in this Act alters, modifies, or diminishes any right, responsibility, power, authority, jurisdiction, or entitlement of the State, any political subdivision thereof, or any State, or local agency under existing Federal, State, and local law (including regulations). (5) Military jurisdiction Nothing in this Act affects lands under the jurisdiction of the Secretary of Defense. (6) Applicable law Nothing in this Act shall be construed to apply the laws (including regulations) generally applicable to units of the National Park System to the National Forest System lands in the recreation area. (7) Administrative transfer Administrative jurisdiction over the approximately 2,987 acres of land administered by the Bureau of Land Management that is identified as BLM lands for transfer on the map entitled San Gabriel National Recreation Area, and dated June 12, 2014, is transferred from the Bureau of Land Management to the National Park Service. 4. Management (a) National forest system Subject to valid existing rights, the Secretary of Agriculture shall manage the National Forest System lands within the recreation area in a manner that protects, and enhances their natural resources and values, in accordance with— (1) this Act; (2) the laws, regulations, and rules applicable to the National Forest System; (3) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (4) other applicable law (including Federal, State, or local law, and regulations). (b) National park system Subject to valid existing rights, the Secretary shall manage the park lands in a manner that protects, and enhances their natural resources and values, in accordance with— (1) this Act; (2) the laws generally applicable to units of the National Park System, including the National Park Service Organic Act ( 16 U.S.C. 1 et seq. ); and (3) other applicable law (including Federal, State, or local law, and regulations). (c) Consultation The Secretary of Agriculture and the Secretary shall consult with the Secretary of Defense regarding opportunities to manage, to the maximum extent practicable, the Army Corps of Engineers lands within the recreation area in accordance with the purposes described in section 3(a). (d) Uses (1) National forest system Subject to valid existing rights, the Secretary of Agriculture shall— (A) allow such uses of the National Forest System lands as the Secretary of Agriculture determines would further the purposes described in section 3(a). (B) continue to authorize, maintain, and enhance the recreational use of National Forest System lands within the recreation area, including hunting, fishing, swimming, bicycling, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, rafting, motorized recreation on authorized routes and in authorized areas, and other recreational activities that are feasible and consistent with— (i) the purposes described in section 3(a); (ii) this section; and (iii) any other applicable Federal, State, and local laws, ordinances, and plans. (2) Non-Federal lands Nothing in this Act shall— (A) authorize the Secretary or the Secretary of Agriculture to take any action that would affect the use of any land not owned by the United States; (B) affect the use of, or access to, any non-Federal land within the recreation area; (C) modify any provision of Federal, State, or local law with respect to public access to or use of non-Federal land; (D) require any owner of non-Federal land to allow public access (including Federal, State, or local government access) to private property or any other non-Federal land; (E) alter any duly adopted land use regulation, approved land use plan, or any other regulatory authority of any State, or local agency, or tribal government; (F) create any liability, or affects any liability under any other law, of any private property owner or other owner of non-Federal land with respect to any person injured on private property or other non-Federal land; (G) convey any land use or other regulatory authority to the partnership; (H) be construed to cause any Federal, State, or local regulations or permit requirements intended to apply to units of the National Park System, to affect the Federal lands outside of park lands or non-Federal lands of the recreation area; or (I) require any city to participate in any program administered by the Secretary or Secretary of Agriculture. (3) Cooperation The Secretary and the Secretary of Agriculture are encouraged to work with owners of non-Federal land who have agreed to cooperate with the Secretary and the Secretary of Agriculture to further the purposes of this Act. (4) Buffer zones (A) In general Congress does not intend for designation of the recreation area to lead to the creation of protective perimeters or buffer zones around the recreation area. (B) Activities or uses up to boundaries The fact that certain activities or land can be seen or heard from within the recreation area shall not, of itself, preclude the activities or land uses up to the boundary of the recreation area. (5) Facilities Nothing in this Act shall affect the operation, maintenance, modification, construction, or expansion of any water resource facility or any solid waste, sanitary sewer, water or wastewater treatment, groundwater recharge or conservation, hydroelectric, conveyance distribution system, recycled water facility, or utility facility located within or adjacent to the recreation area. (6) Exemption Section 5(c) of Public Law 90–401 ( 16 U.S.C. 460l–22(c) ) shall not apply to the Puente Hills landfill, materials recovery facility, or intermodal facility. (e) Management plan Not later than 3 years after the date of the enactment of this Act, the Secretaries and the advisory council shall create a comprehensive management plan for the recreation area that fulfills the purposes described in section 3(a). (1) In general In developing the management plan required by this section, and to the extent consistent with this section, the Secretaries may incorporate any provision from a land and resource management plan, or any other plan applicable to the recreation area. (2) Access and visitor services The Secretaries shall, to the maximum extent practicable, incorporate the visitor services plan and access study required by section 9 into the management plan required by this subsection. (3) Partnership In developing the management plan, the Secretaries shall consider recommendations of the partnership. To the maximum extent practicable, the Secretary shall incorporate recommendations of the partnership into the management plan, where such recommendations are feasible and consistent with the purposes in section 3(a), this Act, and applicable laws (including regulations). (f) Fish and wildlife (1) In general Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State. (2) Hunting The Secretary of Agriculture may permit hunting on National Forest System lands within the recreation area, consistent with applicable Federal, State, and local laws. (g) Motorized vehicles (1) In general Except as provided in paragraph (2), motorized vehicle use on National Forest System lands within the recreation area shall be permitted only on roads and trails designated by the management plan for use by motorized vehicles. (2) Exception The Secretary of Agriculture may permit the use of motorized vehicles off roads and trails designated for use by motorized vehicles— (A) to respond to an emergency; (B) for administrative purposes; (C) within the— (i) Little Rock Off-Highway Vehicle Area; and (ii) San Gabriel Canyon Off-Highway Vehicle Area; or (D) as necessary to permit local government agencies and electrical or communication utilities to perform activities relating to fire management, law enforcement, integrated water management, flood protection and water conservation (including debris control and sediment management), water replenishment, water rights, water supply, public roads and bridges, utility facility, including the operation, maintenance, and construction of any utility facility or right-of-way. (h) Withdrawal (1) In general Subject to valid existing rights, all Federal land within the recreation area is withdrawn from— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) leasing or disposition under all laws relating to— (i) minerals; and (ii) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Additional land If the Secretary of Agriculture or the Secretary acquires additional land, in accordance with section 5(a), that is located within or adjacent to the recreation area after the date of the enactment of this Act, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land. (i) Grazing The Secretary of Agriculture shall permit grazing on the National Forest System lands within the recreation area, where established before the date of the enactment of this Act— (1) subject to all applicable laws (including regulations); (2) consistent with the purposes described in subsection 3(a); and (3) subject to such reasonable regulations as the Secretary of Agriculture deems necessary. (j) Wildland fire operations (1) In general Nothing in this section prohibits the Secretary of Agriculture in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations, consistent with the purposes described in section 3(a). (2) Consultation and revision of plans As soon as practicable after the date of enactment of this Act, the Secretary shall, in consultation with appropriate State or local firefighting agencies, amend the local fire management plans that apply to the recreation area. (k) Native American cultural and religious uses Nothing in this Act diminishes— (1) the rights of any Indian tribe; or (2) any tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities. 5. Non-Federal lands (a) Incorporation and limitation on acquired lands and interests (1) Authority The Secretary and the Secretary of Agriculture may acquire non-Federal land within the boundaries of the recreation area only through exchange, donation, or purchase from a willing seller. (2) Eminent domain Nothing in this Act authorizes the use of eminent domain to acquire land or interests in land. (3) Management (A) In general Any land or interest in land acquired by the United States and located within the recreation area shall— (i) be part of the recreation area; and (ii) be administered in accordance with— (I) this section; and (II) any other applicable law (including regulations). (B) Administration (i) Any land or interest in land that is located within the recreation area that is acquired by the Forest Service shall be administered by the Secretary of Agriculture. (ii) Any land or interest in land that is located within the recreation area that is acquired by the National Park Service shall be incorporated into the park lands and administered by the Secretary. (b) Additional Requirement Any land acquired by the Secretary or Secretary of Agriculture shall, in the opinion of the appropriate Secretary, contain important biological, cultural, historic, or recreational values. 6. Water rights; water resource facilities; public roads; utility facilities (a) No effect on water rights Nothing in this Act— (1) shall affect the use or allocation, in existence on the date of the enactment of this Act, of any water, water right, or interest in water (including potable, recycled, reclaimed, waste, imported, exported, banked, stored water, surface water, groundwater, and public trust interests); (2) shall affect any public or private contract in existence on the date of the enactment of this Act for the sale, lease, or loan of any water (including potable, recycled, reclaimed, waste, imported, exported, banked, stored water, surface water, and groundwater); (3) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act; (4) authorizes or imposes any new reserved Federal water rights or expands water usage pursuant to any existing Federal reserved riparian or appropriative rights; (5) shall be considered to be a relinquishment or reduction of any water rights (including potable, recycled, reclaimed, waste, imported, exported, banked, stored water, surface water and groundwater) held, reserved or appropriated by any public entity, or other person or entities, on or before the date of the enactment of this Act; (6) shall be construed to, or shall interfere or conflict with the exercise of the powers or duties of any watermaster, public agency, or other body or entity responsible for groundwater or surface water management or groundwater replenishment as designated or established pursuant to any adjudication, or Federal or State statute including, without limitation, the management of the San Gabriel River watershed and basin, to provide water supply and other environmental benefits as described in— (A) the Southwestern Willow Flycatcher Management Plan San Gabriel River—Morris Reservoir to Santa Fe Dam dated September 2012; or (B) the Long-Term Management Plan: West Fork San Gabriel River dated May 8, 1989; (7) shall be construed to, or shall interfere or conflict with any provision of any judgment or court order issued, or rule or regulation adopted, pursuant to any adjudication affecting water, water rights or water management in the San Gabriel River or Lytle Creek watersheds and basins; (8) shall be construed to impede or adversely impact any previously adopted Los Angeles County Drainage Area project, as described in the report of the Chief of Engineers dated June 30, 1992, including any supplement or addendum to that report, or any maintenance agreement to operate the project; (9) shall interfere or conflict with any action by a watermaster or public agency that is authorized pursuant to Federal or State statute, water right or adjudication, including, but not limited to, actions relating to water conservation, water quality, surface water diversion or impoundment, groundwater recharge, water treatment, conservation or storage of water, pollution, waste discharge, the pumping of groundwater; the spreading, injection, pumping, storage, or the use of water from local sources, storm water flows, and runoff, or from imported or recycled water, that is undertaken in connection with the management or regulation of the San Gabriel River or Lytle Creek watersheds and groundwater basins; (10) shall interfere with, obstruct, hinder, or delay the exercise of, or access to, any water right by the owner of a public water system, or other person or entity, including, but not limited to, the construction, operation, maintenance, replacement, repair, location, or relocation of any well; pipeline; or water pumping, treatment, diversion, impoundment, or storage facility; or other facility or property necessary or useful to access any water right or operate any public water system; (11) shall require initiation or reinitiation of consultation with the United States Fish and Wildlife Service under, or the application of provisions of, the Endangered Species Act ( 16 U.S.C. 1531 et seq. ) concerning— (A) the plans described in paragraph 6(A) or 6(B); or (B) any action or activity affecting water, water rights or water management or water resource facilities in the San Gabriel River or Lytle Creek watersheds and basins; or (12) authorizes any agency or employee of the United States, or any other person, to take any action inconsistent with paragraphs (1) through (11). (b) Definition As used in this section, adjudication means any final judgment, order, ruling, or decree entered in any judicial proceeding adjudicating or affecting water rights, surface water management, or groundwater management. (c) Water resource facilities (1) No effect on existing water resource facilities Nothing in this Act shall affect— (A) the use, operation, maintenance, repair, construction, reconfiguration, expansion, or replacement of a water resource facility within or adjacent to the recreation area; or (B) access to a water resource facility within or adjacent to the recreation area. (2) No effect on new water resource facilities Nothing in this Act shall preclude the establishment of new water resource facilities (including instream sites, routes, and areas) within the recreation area if such facilities are necessary to preserve or enhance the health, safety, water supply, or utility services to residents of Los Angeles or San Bernardino Counties. (3) Flood control Nothing in this Act shall be construed to— (A) impose new restrictions or requirements on flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations; or (B) increase the liability of agencies carrying out flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations. (4) Diversion or use of water Nothing in this Act shall authorize or require the use of water in or the diversion of water to the recreation area or the park lands. (d) Utility facilities and rights of way Nothing in this Act shall— (1) affect the use, operation, maintenance, repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, removal, or replacement of utility facilities or appurtenant rights of way within or adjacent to the recreation area; (2) affect access to utility facilities or rights of way within or adjacent to the recreation area; or (3) preclude the establishment of new utility facilities or rights of way (including instream sites, routes, and areas) within the recreation area if such facilities are necessary for public health and safety, electricity supply, or other utility services. (e) Roads; public transit (1) Definitions In this subsection: (A) Public roads the term public roads means any paved road or bridge (including any appurtenant structures and rights of way) that is operated or maintained by a non-Federal entity and is— (i) open to vehicular use by the public; or (ii) used by public agencies or utilities for the operation, maintenance, repair, construction, and rehabilitation of infrastructure, utility facility, or right-of-way. (B) Public transit The term public transit means transit services (including operations and rights of way) that are operated or maintained by a non-Federal entity and are— (i) open to the public; or (ii) used by public agencies or contractors for the operation, maintenance, repair, construction, and rehabilitation of infrastructure, utility facility, or right-of-way. (2) No effect on public roads or public transit Nothing in this Act— (A) authorizes the Secretary or Secretary of Agriculture to take any action that would affect the operation, maintenance, repair, and rehabilitation of public roads or public transit (including activities necessary to comply with Federal and State safety standards or public transit); or (B) creates any new liability, or increases any existing liability, of any owner of operator of public roads. 7. San Gabriel National Recreation Area Public Advisory Council (a) Establishment Not more than 180 days after the date of the enactment of this Act, the Secretaries shall establish a public advisory council, to be known as the San Gabriel National Recreation Area Public Advisory Council . (b) Duties The public advisory council shall— (1) advise the Secretaries on the development and implementation of the management plan; and (2) advise the Secretary on the development and implementation of the visitor services plan and access study required by section 3. (c) Applicable law The public advisory council shall be subject to— (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) all other applicable law (including regulations). (d) Members (1) Size of public advisory council The public advisory council shall include 21 members. (2) Makeup of public advisory council After considering the recommendations of the partnership, the Secretaries shall appoint members of the public advisory council to represent the following interests— (A) two members to represent local, regional, or national environmental organizations; (B) two members to represent the interests of outdoor recreation, including off-highway vehicle recreation, within the recreation area; (C) two members to represent the interests of community-based organizations whose mission includes expanding access to the outdoors; (D) two members to represent business interests; (E) one member to represent Native American tribes within or adjacent to the recreation area; (F) one member to represent the interests of homeowners’ associations within the recreation area; (G) three members to represent the interests of holders of adjudicated water rights, water agencies, wastewater and sewer agencies, recycled water facilities, and water replenishment entities; (H) one member to represent energy and mineral development interests; (I) one member to represent owners of Federal grazing permits, or other land use permits within the recreation area; (J) one member to represent archaeological and historical interests; (K) one member to represent the interests of environmental educators; (L) one member to represent cultural history interests; (M) one member to represent environmental justice interests; (N) one member to represent electrical utility interests; and (O) two members to represent the affected public at large. (e) Terms (1) Staggered terms Members of the public advisory council shall be appointed for terms of 3 years, except that, of the members first appointed, 6 of the members shall be appointed for a term of 1 year and 6 of the members shall be appointed for a term of 2 years. (2) Reappointment A member may be reappointed to serve on the public advisory council upon the expiration of the member’s current term. (3) Vacancy A vacancy on the public advisory council shall be filled in the same manner as the original appointment. (f) Quorum A quorum shall be ten members of the public advisory council. The operations of the advisory council shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained. (g) Chairperson and procedures The public advisory council shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable. (h) Service without compensation Members of the public advisory council shall serve without pay. (i) Termination The public advisory council shall cease to exist— (1) on the date that is five years after the date on which the management plans are officially adopted by the Secretaries; or (2) on such later date as the Secretaries consider appropriate. 8. San Gabriel National Recreation Area Partnership (a) In general There is hereby established the San Gabriel National Recreation Area Partnership. (b) Purposes The purposes of the partnership are to— (1) coordinate the activities of Federal, State, tribal, and local authorities, and the private sector, in fulfilling the purposes of this Act; and (2) use the resources and expertise of each agency in improving the management and recreational opportunities within the recreation area. (c) Membership The members of the partnership shall include the following: (1) The Secretary of Agriculture, or a designee of the Secretary, to represent the Forest Service. (2) The Secretary, or a designee of the Secretary, to represent the National Park Service and Bureau of Land Management. (3) The Secretary of Defense, or a designee of the Secretary, to represent the Army Corps of Engineers. (4) The Secretary of the State Natural Resources Agency, or a designee of the Secretary, to represent the California Department of Parks and Recreation and the Rivers and Mountains Conservancy. (5) A designee of the Los Angeles County Board of Supervisors. (6) A designee of the San Bernardino County Board of Supervisors. (7) A designee of the Puente Hills Habitat Preservation Authority. (8) Four designees of the San Gabriel Council of Governments, one of whom is to be elected from a local land conservancy. (9) Two designees of the San Bernardino Associated Governments. (10) A designee of the San Gabriel Valley Economic Partnership. (11) A designee of the Los Angeles County Flood Control District. (12) A designee of the San Gabriel Valley Water Association. (13) A designee of the Central Basin Water Association. (14) A designee of the Six Basins Watermaster. (15) A designee of a public utility company, to be appointed by the Secretary. (16) A designee of the Watershed Conservation Authority. (17) A designee of the public advisory council so long as the public advisory council remains in effect. (d) Duties To further the purposes of this Act, and in a manner consistent with the purposes described in section 3(a), the partnership shall— (1) make recommendations to the Secretaries on the development and implementation of the management plan; (2) advise the Secretary of Agriculture on the provision and management of recreational opportunities, and improvement of visitor services and education on the National Forest System lands within the recreation area; (3) review and comment on the visitor services plan and access study required by section 103; (4) seek opportunities to facilitate the implementation of the visitor services plan and access study required by section 9; (5) assist units of local government, regional planning organizations, and nonprofit organizations in fulfilling the purposes of the recreation area by— (A) carrying out programs and projects that recognize, protect, and enhance important resource values within the recreation area; (B) establishing and maintaining interpretive exhibits and programs within the recreation area; (C) developing recreational and educational opportunities in the recreation area, consistent with the purposes of this Act; (D) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the recreation area; (E) ensuring that signs identifying points of public access and sites of interest are posted throughout the recreation area; (F) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the recreation area; and (G) ensuring that management of the recreation area takes into account local ordinances and land-use plans, as well as adjacent residents and property owners; (6) make recommendations to the Secretaries on members to be appointed to the advisory council; and (7) undertake any other action necessary to fulfill the purposes of this Act. (e) Authorities The partnership may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plans, use Federal funds made available under this section to— (1) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (2) enter into cooperative agreements with, or provide grants or technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff; (4) obtain funds or services from any source, including funds and services provided under any other Federal law or program; (5) contract for goods or services; and (6) support activities of partners and any other activities that further the purposes of the recreation area and are consistent with the approved management plans. (f) Terms of office; reappointment; vacancies (1) Terms Members of the partnership shall be appointed for terms of 3 years. (2) Reappointment A member may be reappointed to serve on the partnership upon the expiration of the member’s current term. (3) Vacancy A vacancy on the partnership shall be filled in the same manner as the original appointment. (g) Quorum A quorum shall be eleven members of the partnership. The operations of the partnership shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained. (h) Chairperson and procedures The partnership shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable. (i) Service without compensation Members of the partnership shall serve without pay. (j) Duties and authorities of the secretary (1) In general The Secretary shall convene the partnership on a regular basis to carry out this Act. (2) Visitor services and access The Secretary is authorized to carry out the visitor services plan required by section 9(a)(2) and access study required by section 9(c)(2). (3) Technical and financial assistance The Secretary may provide technical and financial assistance, on a reimbursable or non-reimbursable basis, as determined by the Secretary, to the partnership or any members of the partnership to carry out this Act. (4) Cooperative agreements The Secretary may enter into cooperative agreements with the partnership, any members of the partnership, or other public or private entities to provide technical, financial or other assistance to carry out this Act. (5) Construction of facilities on non-Federal lands (A) In general In order to facilitate the administration of the recreation area, the Secretary is authorized, subject to valid existing rights, to construct administrative or visitor use facilities on non-Federal public lands within the recreation area. (B) Additional requirement Such facilities may only be developed— (i) with the consent of the owner of the non-Federal public land; and (ii) in accordance with applicable Federal, State, and local laws, regulations, and plans. (6) Priority The Secretary shall give priority to actions that— (A) conserve the significant natural, historic, cultural, and scenic resources of the recreation area; and (B) provide educational, interpretive, and recreational opportunities consistent with the purposes of the recreation area. (k) Committees The partnership shall establish— (1) a Water Technical Advisory Committee to advise the Secretaries on water-related issues relating to the recreation area; and (2) a Public Safety Advisory Committee to advise the Secretaries on public safety issues relating to the recreation area. 9. Access and visitor services (a) Visitor services (1) Purpose The purpose of this subsection is to facilitate the development of an integrated visitor services plan that will improve visitor experiences within the recreation area through expanded recreational opportunities, and increased interpretation, education, resource protection, and enforcement. (2) Plan required Not later than three years after the date of the enactment of this Act, and in accordance with this subsection, the Secretary, in consultation with the Secretary of Agriculture and the Partnership, shall develop an integrated visitor services plan for the recreation area. (3) Contents The visitor services plan required by this subsection shall— (A) assess current and anticipated future visitation to the recreation area, including recreation destinations; (B) consider the demand for various types of recreation (including hiking, picnicking, horseback riding, and the use of motorized and mechanized vehicles) where permissible and appropriate; (C) evaluate the impacts of recreation on natural and cultural resources, water resource facilities, public roads, adjacent residents and property owners, and utilities within the recreation area, as well as the effectiveness of current enforcement efforts; (D) assess the current level of interpretive and educational services and facilities; (E) include recommendations to— (i) expand opportunities for high-demand recreational activities, consistent with the purposes described in section 3(a); (ii) better manage recreation area resources and improve the experience of recreation area visitors through expanded interpretive and educational services and facilities, and improved enforcement; and (iii) better manage recreation area resources to reduce negative impacts on the environment, ecology, and integrated water management activities in the area; (F) in coordination and consultation with owners of non-Federal land, assess options to incorporate recreational opportunities on non-Federal land into the recreation area— (i) in a manner consistent with the purposes and uses of the non-Federal land; and (ii) with the consent of the non-Federal land owner; (G) assess opportunities to provide recreational opportunities that connect the San Gabriel River to the National Forest System lands; and (H) be developed and carried out in accordance with applicable Federal, State, and local laws and ordinances. (4) Consultation In developing the plan required by this subsection, the Secretary shall— (A) consult with— (i) the Secretary of Agriculture and other appropriate Federal agencies; (ii) the partnership; (iii) the public advisory council; (iv) appropriate State and local agencies; and (v) interested nongovernmental organizations; and (B) involve members of the public. (b) Visitor facilities The Secretary and Secretary of Agriculture are authorized to construct visitor use facilities, within the recreation area. Such facilities shall be developed in conformance with all existing Federal, State, and local laws (including regulations) and applicable Federal, State, and local plans. (c) Access study (1) Purpose The purpose of this subsection is to assess the feasibility of improving the accessibility of the recreation area. (2) Study required Not later than three years after the date of the enactment of this Act, and in accordance with this subsection, the Secretary shall conduct a study on the accessibility of the recreation area. (3) Contents The access study required by this subsection shall— (A) evaluate the means by which members of the public access various locations within the recreation area; (B) consider alternatives to sustainably improve the recreational access of the National Forest System from the San Gabriel River; (C) provide options and recommendations for improving the accessibility of the recreation area, consistent with the purposes described in section 3(a); and (D) be developed and carried out in accordance with applicable Federal, State, and local laws and ordinances. (4) Consultation In developing the study required by this subsection, the Secretary shall— (A) consult with— (i) the Secretary of Agriculture and other appropriate Federal agencies; (ii) the partnership; (iii) the public advisory council; (iv) appropriate State and local agencies; and (v) interested nongovernmental organizations; and (B) involve members of the public. (d) Donations (1) In general The Secretary and the Secretary of Agriculture may accept and use donated funds, property, in-kind contributions, and services to carry out this Act. (2) Prohibition The Secretary or Secretary of Agriculture may not accept non-Federal land that has been acquired through use of eminent domain after the date of the enactment of this Act. (e) Coordination (1) In general The Secretary of Agriculture and the Secretary shall coordinate in carrying out this Act. (2) Cooperative agreements In carrying out this Act, the Secretary and Secretary of Agriculture may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the management of and visitation to the recreation area. (3) Coordination between Federal agencies (A) Agreement required Not later than 18 months after the date of the enactment of this Act, the Secretary of Agriculture shall enter into an agreement with the Secretary to carry out this Act on National Forest System lands within the recreation area. (B) Required components The agreement required by subparagraph (A) shall address, at a minimum, in a manner consistent with the purposes for which the recreation area has been established— (i) sharing of resources between the Secretary of Agriculture and Secretary; (ii) improved visitor services, education, and enforcement; (iii) enhanced resource protection within the recreation area; and (iv) better connecting the National Forest System lands and park lands. (C) National park service The Secretary may share resources such as management, research, planning, interpretation, visitor services, and enforcement with any unit of the National Park System. (D) Angeles national forest The Secretary may share resources such as management, research, planning, interpretation, visitor services, and enforcement with the Angeles National Forest in order to fulfill the purposes of the recreation area. (4) Technical assistance The Secretary may provide technical assistance to interested public agencies, private landowners, and organizations, to carry out the purposes of this Act. (f) Diversion or use of water Nothing in this Act shall authorize or require the use of water in or the diversion of water to the recreation area or the park lands.
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113-hr-4859
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I 113th CONGRESS 2d Session H. R. 4859 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Ellison introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 40, United States Code, to require that the Administrator of General Services verify that a building to be leased to accommodate a Federal agency is located a certain distance from public transportation before entering into the lease agreement.
1. Short title This Act may be cited as the Government Services Accessibility Act of 2014 . 2. Lease agreements Section 585(a) of title 40, United States Code, is amended by adding at the end the following: (3) Distance to public transportation (A) Definition of public transportation In this paragraph, the term public transportation has the meaning given the term in section 5302 of title 49. (B) Determination The Administrator of General Services shall not enter into a lease agreement under paragraph (1) unless the Administrator determines that— (i) the building (or improvement) to be leased would satisfy any requirement concerning access to public transportation listed in a proposed short form lease or solicitation for offers provided to each prospective offeror in accordance with section 570.203–3 of the Federal Acquisition Regulation (or successor regulations); and (ii) if the short form lease or solicitation for offers contains a requirement concerning access to public transportation, the building (or improvement) is located not greater than a certain distance from public transportation that operates regularly throughout the normal business hours of the building (or improvement). .
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113-hr-4860
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I 113th CONGRESS 2d Session H. R. 4860 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Ms. Hahn introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To clarify that a closure of a branch or campus of an institution of higher education may qualify a borrower for loan discharge under the Higher Education Act of 1965, and for other purposes.
1. Short title This Act may be cited as the Protecting Students from Failing Institutions Act . 2. Closure of a campus or branch of an institution of higher education Section 437(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(c) ) is amended— (1) in paragraph (1), by inserting or the closure of a campus or branch of the institution, after closure of the institution ; (2) in paragraph (3)— (A) by inserting or the closing of a campus or branch of the institution after closing of the institution ; and (B) by inserting before the period the following: and shall not count towards the student’s duration limit for Federal Pell Grants under section 401(c)(5) ; and (3) by adding at the end the following: (6) Campus or branch closure A borrower who withdraws from an institution not more than 120 days before the date of closure of the campus or branch of the institution in which the borrower was enrolled and such closure would have prevented the borrower from completing the program in which the borrower was enrolled shall, for purposes of discharging such borrower’s loans under paragraph (1) and determining the borrower’s eligibility for additional assistance under this title in accordance with paragraphs (3) and (4), be considered to be a student who is unable to complete the program in which such student is enrolled due to the closure of the campus or branch of the institution. (7) Federal Pell Grants In a case of a borrower that receives a Federal Pell Grant under subpart 1 of part A of this title for an academic year for enrollment in a program at a campus or branch of an institution and such campus or branch closes, even if for purposes of paragraph (1) the borrower is considered to be able to complete the program in which such borrower is enrolled, the borrower may use the remaining amount of the Federal Pell Grant for such academic year at another institution. (8) Definition For purposes of this subsection, the terms campus and branch include the term branch campus as defined in section 600.2 of title 34, Code of Federal Regulations (or a successor regulation). .
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113-hr-4861
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I 113th CONGRESS 2d Session H. R. 4861 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Heck of Washington (for himself, Ms. DelBene , and Mr. Kilmer ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To establish the Commission on Access to Care to undertake a comprehensive evaluation and assessment of access to health care at the Department of Veterans Affairs.
1. Short title This Act may be cited as the Commission for Our Veterans’ Care Act . 2. 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 ). (2) Membership (A) Voting members The Commission shall be composed of 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 are experts concerning a public or private hospital system. (iii) At least one member from among persons who are leading experts in the private insurance industry. (iv) At least two members from among persons who are familiar with the Veterans Health Administration of the Department of Veterans Affairs. (B) Nonvoting members In addition to members appointed under subparagraph (A), the Commission shall be composed of 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 are experts in a public or private hospital system. (iii) At least one member from among persons who are leading experts in the private insurance industry. (iv) At least two members from among persons who are familiar with the Veterans Health Administration. (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. (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 which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) 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.
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113-hr-4862
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I 113th CONGRESS 2d Session H. R. 4862 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Heck of Washington introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to meet with certain advisory committees to receive administrative and policy recommendations to improve the health care system of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Our Vets Deserve Better Act . 2. Administrative and policy recommendations to improve the health care system of the Department of Veterans Affairs (a) Meetings (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall meet with the advisory committees described in paragraph (2) to receive administrative and policy recommendations to improve the health care system of the Department of Veterans Affairs. (2) Advisory committees described The advisory committees described in this paragraph are the following: (A) The Advisory Committee on Prosthetics and Special-Disabilities Programs established by section 543 of title 38, United States Code. (B) The Genomic Medicine Program Advisory Committee established pursuant to the Federal Advisory Committee Act (5 U.S.C. App.). (C) The Geriatrics and Gerontology Advisory Committee established under section 7315 of title 38, United States Code. (D) The Health Services Research and Development Service Scientific Merit Review Board established pursuant to the Federal Advisory Committee Act (5 U.S.C. App.). (E) The Research Advisory Committee on Gulf War Veterans' Illnesses established by section 707 of the Veterans Health Care Act of 1992 ( Public Law 102–585 ; 38 U.S.C. 527 note). (F) The Special Medical Advisory Group established under section 7312 of title 38, United States Code. (G) The Veterans' Advisory Committee on Rehabilitation established under section 3121 of title 38, United States Code. (H) The Veterans' Rural Health Advisory Committee established pursuant to the Federal Advisory Committee Act (5 U.S.C. App.). (I) Any other advisory committee the Secretary determines appropriate. (b) Report Not later than 30 days after carrying out subsection (a)(1), the Secretary shall— (1) submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the administrative and policy recommendations received under subsection (a)(1), including any administrative or legislative actions required to carry out such recommendations; and (2) publish such report on the public Internet website of the Department.
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113-hr-4863
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I 113th CONGRESS 2d Session H. R. 4863 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Kline (for himself, Mr. Paulsen , and Mr. Turner ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide certain members of the reserve components of the Armed Forces who are victims of sex-related offenses with access to a special victims’ counsel.
1. Short title This Act may be cited as the National Guard and Reserve Equal Access to Legal Services Act . 2. Access to special victims’ counsel (a) In general Subsection (a) of section 1044e of title 10, United States Code, is amended to read as follows: (a) Designation; purposes (1) The Secretary concerned shall designate legal counsel (to be known as Special Victims’ Counsel ) for the purpose of providing legal assistance to an individual described in paragraph (2) who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted. (2) An individual described in this paragraph is any of the following: (A) An individual eligible for military legal assistance under section 1044 of this title. (B) An individual who is— (i) not covered under subparagraph (A); (ii) a member of a reserve component of the armed forces; and (iii) a victim of an alleged sex-related offense as described in paragraph (1) that was allegedly committed by a member of the armed forces— (I) during a period in which the individual served on active duty, full-time National Guard duty, or inactive-duty training; or (II) during any period, regardless of the duty status of the individual, if the circumstances of the alleged sex-related offense have a nexus to the military service of the individual based on the membership in the armed forces of either the victim or the member who allegedly committed such offense. . (b) Conforming amendment Subsection (f) of such section is amended by striking eligible for military legal assistance under section 1044 of this title each place it appears and inserting described in subsection (a)(2) . (c) Construction The amendments made by this section may not be construed to authorize any additional benefit to a member of a reserve component of the Armed Forces other than the access to a Special Victims’ Counsel under section 1044e of title 10, United States Code, as so amended.
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113-hr-4864
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I 113th CONGRESS 2d Session H. R. 4864 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Ms. Kuster (for herself, Mr. Coble , Mr. Walz , Mr. Michaud , Mr. McGovern , Mr. Israel , Mr. Peterson , Mr. Butterfield , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To encourage States to require the installation of residential carbon monoxide detectors in homes, and for other purposes.
1. Short title This Act may be cited as the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2014 . 2. Findings Congress finds the following: (1) Carbon monoxide is a colorless, odorless gas produced by burning any fuel. Exposure to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning, a serious health condition that could result in death. (2) Unintentional carbon monoxide poisoning from motor vehicles and the abnormal operation of fuel-burning appliances, such as furnaces, water heaters, portable generators, and stoves, kills more than 400 people each year and sends more than 20,000 to hospital emergency rooms for treatment. (3) Research shows that purchasing and installing carbon monoxide alarms close to the sleeping areas in residential homes and other dwelling units can help avoid fatalities. (4) Congress should promote the purchase and installation of carbon monoxide alarms in residential homes and dwelling units nationwide in order to promote the health and public safety of citizens throughout the Nation. 3. Definitions In this Act: (1) Carbon monoxide alarm The term carbon monoxide alarm means a device or system that— (A) detects carbon monoxide; and (B) is intended to alarm at carbon monoxide concentrations below those that could cause a loss of ability to react to the dangers of carbon monoxide exposure. (2) Commission The term Commission means the Consumer Product Safety Commission. (3) Compliant carbon monoxide alarm The term compliant carbon monoxide alarm means a carbon monoxide alarm that complies with the most current version of— (A) the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (ANSI/UL 2034); and (B) the American National Standard for Gas and Vapor Detectors and Sensors (ANSI/UL 2075). (4) Dwelling unit The term dwelling unit means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence (including apartment buildings) and each living unit in a mixed use building. (5) Fire code enforcement officials The term fire code enforcement officials means officials of the fire safety code enforcement agency of a State or local government. (6) NFPA 720 The term NFPA 720 means— (A) the Standard for the Installation of Carbon Monoxide Detection and Warning Equipment issued by the National Fire Protection Association in 2012; and (B) any amended or similar successor standard pertaining to the proper installation of carbon monoxide alarms in dwelling units. (7) State The term State has the meaning given such term in section 3 of the Consumer Product Safety Act ( 15 U.S.C. 2052 ) and includes the Northern Mariana Islands and any political subdivision of a State. 4. Grant program for carbon monoxide poisoning prevention (a) In general Subject to the availability of appropriations authorized under subsection (f), the Commission shall establish a grant program to provide assistance to eligible States to carry out the carbon monoxide poisoning prevention activities described in subsection (e). (b) Eligibility For purposes of this section, an eligible State is any State that— (1) demonstrates to the satisfaction of the Commission that the State has adopted a statute or a rule, regulation, or similar measure with the force and effect of law, requiring compliant carbon monoxide alarms to be installed in dwelling units in accordance with NFPA 720; and (2) submits an application to the Commission at such time, in such form, and containing such additional information as the Commission may require, which application may be filed on behalf of the State by the fire code enforcement officials for such State. (c) Grant amount The Commission shall determine the amount of the grants awarded under this section. (d) Selection of grant recipients In selecting eligible States for the award of grants under this section, the Commission shall give favorable consideration to an eligible State that— (1) requires the installation of compliant carbon monoxide alarms in new or existing educational facilities, childcare facilities, health care facilities, adult dependent care facilities, government buildings, restaurants, theaters, lodging establishments, or dwelling units— (A) within which a fuel-burning appliance is installed, including a furnace, boiler, water heater, fireplace, or any other apparatus, appliance, or device that burns fuel; or (B) which has an attached garage; and (2) has developed a strategy to protect vulnerable populations such as children, the elderly, or low-income households. (e) Use of grant funds (1) In general An eligible State receiving a grant under this section may use such grant— (A) to purchase and install compliant carbon monoxide alarms in the dwelling units of low-income families or elderly persons, facilities that commonly serve children or the elderly, including childcare facilities, public schools, and senior centers, or student dwelling units owned by public universities; (B) to train State or local fire code enforcement officials in the proper enforcement of State or local laws concerning compliant carbon monoxide alarms and the installation of such alarms in accordance with NFPA 720; (C) for the development and dissemination of training materials, instructors, and any other costs related to the training sessions authorized by this subsection; and (D) to educate the public about the risk associated with carbon monoxide as a poison and the importance of proper carbon monoxide alarm use. (2) Limitations (A) Administrative costs Not more than 10 percent of any grant amount received under this section may be used to cover administrative costs not directly related to training described in paragraph (1)(B). (B) Public outreach Not more than 25 percent of any grant amount received under this section may be used to cover costs of activities described in paragraph (1)(D). (f) Authorization of appropriations (1) In general Subject to paragraph (2), there is authorized to be appropriated to the Commission, for each of the fiscal years 2015 through 2019, $2,000,000, which shall remain available until expended to carry out this Act. (2) Limitation on administrative expenses Not more than 10 percent of the amounts appropriated or otherwise made available to carry out this section may be used for administrative expenses. (3) Retention of amounts Any amounts appropriated pursuant to this subsection that remain unexpended and unobligated on September 30, 2019, shall be retained by the Commission and credited to the appropriations account that funds the enforcement of the Consumer Product Safety Act ( 15 U.S.C. 2051 ). (g) Report Not later than 1 year after the last day of each fiscal year for which grants are awarded under this section, the Commission shall submit to Congress a report that evaluates the implementation of the grant program required by this section.
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113-hr-4865
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I 113th CONGRESS 2d Session H. R. 4865 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Ms. Kuster (for herself, Mr. Blumenauer , Ms. DelBene , Mr. Doggett , Mr. McDermott , Ms. Pingree of Maine , Mr. Murphy of Florida , Ms. Shea-Porter , Mr. David Scott of Georgia , Mr. O’Rourke , Mr. Cartwright , Ms. Schwartz , Mr. Crowley , Mr. Welch , Mr. Peterson , and Mr. Grijalva ) 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 ensure that working families have access to affordable health insurance coverage.
1. Short title This Act may be cited as the Family Coverage Act . 2. Sense of Congress Notwithstanding the amendments made by section 3, it is the sense of Congress that the Secretary of Health and Human Services and the Secretary of the Treasury, within their respective jurisdictions, have the administrative authority necessary to apply the affordability provision in section 36B of the Internal Revenue Code of 1986 in such a manner as to expand access to affordable health insurance coverage for working families without further legislation. 3. Clarification regarding determination of affordability of employer-sponsored minimum essential coverage (a) In general Clause (i) of section 36B(c)(2)(C) of the Internal Revenue Code of 1986 is amended to read as follows: (i) Coverage must be affordable (I) In general Except as provided in clause (iii), an individual shall not be treated as eligible for minimum essential coverage if such coverage consists of an eligible employer-sponsored plan (as defined in section 5000A(f)(2)) and the required contribution with respect to the plan exceeds 9.5 percent of the applicable taxpayer's household income. (II) Required contribution with respect to employee In the case of the employee eligible to enroll in the plan, the required contribution for purposes of subclause (I) is the employee's required contribution (within the meaning of section 5000A(e)(1)(B)(i)) with respect to the plan. (III) Required contribution with respect to family members In the case of an individual who is eligible to enroll in the plan by reason of a relationship the individual bears to the employee, the required contribution for purposes of subclause (I) is the employee's required contribution (within the meaning of section 5000A(e)(1)(B)(i), determined by substituting family for self-only ) with respect to the plan. . (b) Conforming amendments (1) Clause (ii) of section 36B(c)(2)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following: This clause shall also apply to an individual who is eligible to enroll in the plan by reason of a relationship the individual bears to the employee. . (2) Clause (iii) of section 36B(c)(2)(C) of such Code is amended by striking the last sentence of clause (i) and inserting clause (i)(III) . (3) Clause (iv) of section 36B(c)(2)(C) of such Code is amended by striking clause (i)(II) and inserting clause (i)(I) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-4866
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I 113th CONGRESS 2d Session H. R. 4866 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Mullin (for himself, Mr. Lucas , Mr. Neugebauer , Mr. Thornberry , Mr. Cole , Mr. Tipton , Mr. Lankford , Mr. Flores , Mr. Pearce , Mr. Huelskamp , and Mr. Bridenstine ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reverse the Department of the Interior’s listing of the lesser prairie chicken as a threatened species under the Endangered Species Act of 1973, to prevent further consideration of listing of such species as a threatened species or endangered species under that Act pending implementation of the Western Association of Fish and Wildlife Agencies’ Lesser Prairie-Chicken Range-Wide Conservation Plan and other conservation measures, and for other purposes.
1. Short title This Act may be cited as the Lesser Prairie Chicken Voluntary Recovery Act of 2014 . 2. Implementation of Lesser Prairie-Chicken Range-Wide Conservation Plan and other conservation measures (a) Prohibition on treatment as threatened or endangered species (1) In general Notwithstanding any prior action by the Secretary of the Interior, the lesser prairie chicken shall not be treated as a threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) before January 31, 2020. (2) Prohibition on proposal On and after January 31, 2020, the lesser prairie chicken may not be treated as a threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) unless the Secretary publishes a determination, based on the totality of the scientific evidence, that conservation (as that term is used in that Act) under the Range-Wide Plan and the agreements, programs, and efforts referred to in subsection (b) has not achieved the conservation goals established by the Range-Wide Plan. (b) Monitoring of progress of conservation programs The Secretary shall monitor and annually report to the Congress on progress in conservation of the Lesser Prairie Chicken under the Range-Wide Plan and all related Candidate Conservation Agreements and Candidate and Conservation Agreements With Assurances, other Federal conservation programs administered by the United States Fish and Wildlife Service, the Bureau of Land Management, and the Department of Agriculture, State conservation programs, and private conservation efforts. (c) Definitions In this section: (1) Candidate Conservation Agreements Each of the terms Candidate Conservation Agreement and Candidate and Conservation Agreement With Assurances means, respectively, such an agreement referred to in— (A) the Announcement of Final Policy for Candidate Conservation Agreements with Assurances published by the Department of the Interior and the Department of Commerce on June 17, 1999 (64 Fed. Reg. 32726); and (B) sections 17.22(d) and 17.32(d) of title 50, Code of Federal Regulations. (2) Range-Wide Plan The term Range-Wide Plan means the Lesser Prairie-Chicken Range-Wide Conservation Plan of the Western Association of Fish and Wildlife Agencies, as endorsed by the United States Fish and Wildlife Service on October 23, 2013, and published for comment on January 29, 2014 (79 Fed. Reg. 4652).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4866ih/xml/BILLS-113hr4866ih.xml
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113-hr-4867
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I 113th CONGRESS 2d Session H. R. 4867 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Ruiz (for himself and Mr. Cook ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for certain land to be taken into trust for the benefit of Morongo Band of Mission Indians, and for other purposes.
1. Short title This Act may be cited as the Economic Development Through Tribal Land Exchange Act . 2. Definitions For the purposes of this Act, the following definitions apply: (1) Banning The term Banning means the City of Banning, which is located in Riverside County, California adjacent to the Morongo Indian Reservation. (2) Fields The term Fields means Lloyd L. Fields, the owner of record of Parcel A. (3) Map The term map means the map titled Morongo Band of Mission Indians Land Exchange Map , and dated June 2, 2014, which has been prepared in accordance with the requirements of the Bureau of Land Management. (4) Parcel A The term Parcel A means the approximately 41.15 acres designated on the map as Fields lands . (5) Parcel B The term Parcel B means the approximately 41.15 acres designated on the map as Morongo lands . (6) Parcel C The term Parcel C means the approximately 1.21 acres designated on the map as Banning land . (7) Parcel D The term Parcel D means the approximately 1.76 acres designated on the map as Easement to Banning . (8) Secretary The term Secretary means the Secretary of the Interior. (9) Tribe The term Tribe means the Morongo Band of Mission Indians, a federally recognized Indian tribe. 3. Transfer of lands; trust lands, easement (a) Transfer of Parcel A and Parcel B and easement over Parcel D Subject to any valid existing rights of any third parties and to legal review and approval of the form and content of any and all instruments of conveyance and policies of title insurance, upon receipt by the Secretary of confirmation that Fields has duly executed and deposited with a mutually acceptable and jointly instructed escrow holder in California a deed conveying clear and unencumbered title to Parcel A to the United States in trust for the exclusive use and benefit of the Tribe, and upon receipt by Fields of confirmation that the Secretary has duly executed and deposited into escrow with the same mutually acceptable and jointly instructed escrow holder a patent conveying clear and unencumbered title in fee simple to Parcel B to Fields and has duly executed and deposited into escrow with the same mutually acceptable and jointly instructed escrow holder an easement to the City for a public right-of-way over Parcel D, the Secretary shall instruct the escrow holder to simultaneously cause— (1) the patent to Parcel B to be recorded and issued to Fields; (2) the easement over Parcel D to be recorded and issued to the City; and (3) the deed to Parcel A to be delivered to the Secretary, who shall immediately cause said deed to be recorded and held in trust for the Tribe. (b) Transfer of Parcel C After the simultaneous transfer of parcels A, B, and D under subsection (a), upon receipt by the Secretary of confirmation that the City has vacated its interest in Parcel C pursuant to all applicable State and local laws, the Secretary shall immediately cause Parcel C to be held in trust for the Tribe subject to— (1) any valid existing rights of any third parties; and (2) legal review and approval of the form and content of any and all instruments of conveyance.
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113-hr-4868
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I 113th CONGRESS 2d Session H. R. 4868 IN THE HOUSE OF REPRESENTATIVES June 12, 2014 Mr. Stivers (for himself and Mrs. Beatty ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To expand the Moving to Work demonstration program of the Department of Housing and Urban Development, and for other purposes.
1. Short title This Act may be cited as the Moving to Work Expansion Act of 2014 . 2. Expansion of demonstration program (a) Increase in authorized number of PHAs The number of public housing agencies authorized to participate in the Moving-to-Work demonstration program authorized under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 ( Public Law 104–134 ; 42 U.S.C. 1437f note; 110 Stat. 1321–281) is hereby increased by 10 over the number of agencies authorized to participate in such program as of the date of the enactment of this Act. (b) Eligibility A public housing agency may be selected for participation pursuant to subsection (a) in the demonstration program referred to in such subsection only if the agency administers, in the aggregate, 10,000 or more public housing dwelling units and housing choice vouchers under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ). (c) Limitation on funding A public housing agency selected for participation pursuant to subsection (a) in the demonstration program referred to in such subsection shall not be provided any funding under section 8 or 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f, 1437g) in addition to the funding that such agency otherwise would receive absent such participation. (d) Reporting of financial data In addition to other reporting requirements, all public housing agencies participating in the demonstration program referred to in subsection (a) (whether pursuant to such subsection or otherwise) shall report financial data to the Department of Housing and Urban Development as the Secretary of Housing and Urban Development shall specify to ensure that the effects of policy changes in the demonstration programs carried out by such agencies can be measured.
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113-hr-4869
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I 113th CONGRESS 2d Session H. R. 4869 IN THE HOUSE OF REPRESENTATIVES June 13, 2014 Mrs. Lummis (for herself, Mr. Smith of Texas , Mr. Weber of Texas , Mr. Hall , Mr. Cramer , and Mr. Stockman ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To provide for Department of Energy fundamental science, basic research activities, and applied energy research and development.
1. Short title; table of contents (a) Short title This Act may be cited as the Department of Energy Research and Development 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—EINSTEIN Act Sec. 101. Short title. Subtitle A—Office of Science Sec. 111. Mission. Sec. 112. Basic energy sciences. Sec. 113. Advanced scientific computing research. Sec. 114. High energy physics. Sec. 115. Biological and environmental research. Sec. 116. Fusion energy. Sec. 117. Nuclear physics. Sec. 118. Science laboratories infrastructure program. Sec. 119. Authorization of appropriations. Subtitle B—Miscellaneous Sec. 121. Transparency. Sec. 122. National Energy Technology Laboratory. Sec. 123. Savings clause. Sec. 124. Under Secretary for Science and Energy. Sec. 125. National Laboratories operations and performance management. Sec. 126. Sense of Congress on an integrated strategy for National Laboratories in the 21st century. Sec. 127. Agreements for Commercializing Technology pilot program. Sec. 128. Technology transfer. Sec. 129. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 130. Funding competitiveness for institutions of higher education and other nonprofit institutions. Sec. 131. Report by Government Accountability Office. Sec. 132. Definitions. Title II—ONE Future Sec. 201. Short title. Subtitle A—Crosscutting Research and Development Sec. 211. Crosscutting research and development. Sec. 212. Strategic research portfolio analysis and coordination plan. Sec. 213. Strategy for facilities and infrastructure. Sec. 214. Distributed energy and electric energy systems. Sec. 215. Distributed energy technology coordinating consortia. Sec. 216. Electric transmission and distribution research and development. Subtitle B—Nuclear Energy Research and Development Sec. 221. Objectives. Sec. 222. Program objectives study. Sec. 223. Nuclear energy research and development programs. Sec. 224. Small modular reactor program. Sec. 225. Conventional improvements to nuclear power plants. Sec. 226. Fuel cycle research and development. Sec. 227. Nuclear energy enabling technologies program. Sec. 228. Technical standards collaboration. Sec. 229. Evaluation of long-term operating needs. Sec. 230. Available facilities database. Sec. 231. Nuclear waste disposal. Subtitle C—Energy Efficiency and Renewable Energy Research and Development Sec. 241. Energy efficiency. Sec. 242. Next Generation Lighting Initiative. Sec. 243. Building standards. Sec. 244. Secondary electric vehicle battery use program. Sec. 245. Energy Efficiency Science Initiative. Sec. 246. Advanced Energy Technology Transfer Centers. Sec. 247. Renewable energy. Sec. 248. Bioenergy program. Sec. 249. Concentrating solar power research program. Sec. 250. Renewable energy in public buildings. Subtitle D—Fossil Energy Research and Development Sec. 261. Fossil energy. Sec. 262. Pioneering Energy Research. Sec. 263. Research, development, demonstration, and commercial application programs. Sec. 264. High efficiency gas turbines research and development. Subtitle E—Advanced Research Projects Agency–Energy Sec. 281. ARPA–E amendments. Subtitle F—Miscellaneous Sec. 291. Authorization of appropriations. Sec. 292. Definitions. I EINSTEIN Act 101. Short title This title may be cited as the Enabling Innovation for Science, Technology, and Energy in America Act of 2014 or the EINSTEIN Act . A Office of Science 111. Mission Section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ) is amended by adding at the end the following: (c) Mission The mission of the Office of Science shall be the delivery of scientific discoveries, capabilities, and major scientific tools to transform the understanding of nature and to advance the energy, economic, and national security of the United States. In support of this mission, the Director shall carry out programs on basic energy sciences, advanced scientific computing research, high energy physics, biological and environmental research, fusion energy sciences, and nuclear physics, including as provided under subtitle A of the Enabling Innovation for Science, Technology, and Energy in America Act of 2014 , through activities focused on— (1) fundamental scientific discoveries through the study of matter and energy; (2) science for national need, including— (A) advancing an agenda for American energy independence through research on energy production, storage, transmission, efficiency, and use; and (B) advancing our understanding of the Earth’s climate through research in atmospheric and environmental sciences; and (3) National Scientific User Facilities to deliver the 21st century tools of science, engineering, and technology and provide the Nation’s researchers with the most advanced tools of modern science including accelerators, colliders, supercomputers, light sources and neutron sources, and facilities for studying materials science. (d) Coordination with other Department of Energy programs The Under Secretary for Science and Energy shall ensure the coordination of Office of Science activities and programs with other activities of the Department. . 112. Basic energy sciences (a) Program The Director shall carry out a program in basic energy sciences, including materials sciences and engineering, chemical sciences, physical biosciences, and geosciences, for the purpose of providing the scientific foundations for new energy technologies. (b) Mission The mission of the program described in subsection (a) shall be to support fundamental research to understand, predict, and ultimately control matter and energy at the electronic, atomic, and molecular levels in order to provide the foundations for new energy technologies and to support Department missions in energy, environment, and national security. (c) Basic energy sciences user facilities The Director shall carry out a subprogram for the development, construction, operation, and maintenance of national user facilities to support the program under this section. As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities to create and examine new materials and chemical processes for the purposes of advancing new energy technologies and improving the competitiveness of the United States. These facilities shall include— (1) x-ray light sources; (2) neutron sources; (3) nanoscale science research centers; and (4) other facilities the Director considers appropriate, consistent with section 209 of the Department of Energy Organization Act ( 42 U.S.C. 7139 ). (d) Light source leadership initiative (1) Establishment In support of the subprogram authorized in subsection (c), the Director shall establish an initiative to sustain and advance global leadership of light source user facilities. (2) Leadership strategy Not later than 9 months after the date of enactment of this Act, and biennially thereafter, the Director shall prepare, in consultation with relevant stakeholders, and submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a light source leadership strategy that— (A) identifies, prioritizes, and describes plans for the development, construction, and operation of light sources over the next decade; (B) describes plans for optimizing management and use of existing light source facilities; and (C) assesses the international outlook for light source user facilities and describes plans for United States cooperation in such projects. (3) Advisory committee feedback and recommendations Not later than 45 days after submission of the strategy described in paragraph (2), the Basic Energy Sciences Advisory Committee shall provide the Director, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate a report of the Advisory Committee’s analyses, findings, and recommendations for improving the strategy, including a review of the most recent budget request for the initiative. (4) Proposed budget The Director shall transmit annually to Congress a proposed budget corresponding to the activities identified in the strategy. (e) Accelerator research and development The Director shall carry out research and development on advanced accelerator and storage ring technologies relevant to the development of Basic Energy Sciences user facilities, in consultation with the Office of Science’s High Energy Physics and Nuclear Physics programs. (f) EPSCoR (1) Continuation of program The Secretary shall continue to carry out the Experimental Program to Stimulate Competitive Research, established at the Department of Energy under section 2203(b)(3) of the Energy Policy Act of 1992 ( 42 U.S.C. 13503(b)(3) ) (in this subsection referred to as EPSCoR ), with the objective of expanding the research capabilities of the eligible States to enable them to better address the many energy and energy-related issues that confront their States and the Nation on a daily basis. (2) Representation Advisory committees, workshops, and review panels are critical tools to help the Department to make sound decisions about how to best spend research and development funds, as well as to identify other opportunities to advance the Department’s research priorities. The Secretary shall ensure that the process for nominating members to such advisory committees and review panels considers candidates from a broad range of geographic locations, with an objective of reflecting an expansive geographic distribution of research universities. (3) Congressional reports The Director shall report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on an annual basis, using the most recent available data, on— (A) the total research funding made available by the Department to each State in the Nation; (B) the total amount of research funding made available, by State, under EPSCoR; (C) the total amount of Department research funding made available to all institutions and entities within EPSCoR States; (D) a breakdown of the EPSCoR funds spent in each subject matter area; (E) the geographic breakdown of members of the Department’s research advisory boards; and (F) efforts and accomplishments to more fully integrate the EPSCoR States in major activities and initiatives of the Department. (4) Authorization of appropriations There are authorized to be appropriated to the Secretary of Energy for the EPSCoR program for fiscal year 2015, $22,000,000. 113. Advanced scientific computing research (a) Program The Director shall carry out a research, development, demonstration, and commercial application program to advance computational and networking capabilities to analyze, model, simulate, and predict complex phenomena relevant to the development of new energy technologies and the competitiveness of the United States. (b) Facilities The Director, as part of the program described in subsection (a), shall develop and maintain world-class computing and network facilities for science and deliver critical research in applied mathematics, computer science, and advanced networking to support the Department’s missions. (c) Definitions Section 2 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5541) is amended by striking paragraphs (1) through (5) and inserting the following: (1) Co-design The term co-design means the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. (2) Department The term Department means the Department of Energy. (3) Exascale The term exascale means computing system performance at or near 10 to the 18th power floating point operations per second. (4) High-end computing system The term high-end computing system means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. (5) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (6) Leadership System The term Leadership System means a high-end computing system that is among the most advanced in the world in terms of performance in solving scientific and engineering problems. (7) National laboratory The term National Laboratory means any one of the seventeen laboratories owned by the Department. (8) Secretary The term Secretary means the Secretary of Energy. (9) Software technology The term software technology includes optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems. . (d) Department of energy high-End computing research and development program Section 3 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5542) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking program and inserting coordinated program across the Department ; (B) by striking and at the end of paragraph (1); (C) by striking the period at the end of paragraph (2) and inserting ; and ; and (D) by adding at the end the following new paragraph: (3) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in this program to other challenges in science, engineering, medicine, and industry. ; (2) in subsection (b)(2), by striking vector and all that follows through architectures and inserting computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability ; (3) by striking subsection (b)(3) and inserting the following paragraph: (3) in concert with architecture development efforts, conduct research in applied mathematics, computer science, and software development, including— (A) research on operating systems, programming environments, and languages to support advanced architectures; and (B) research on mathematical modeling and computational algorithms that enable simulation and data analysis of large-scale scientific problems and design of engineered systems on advanced architectures; ; and (4) by striking subsection (d) and inserting the following: (d) Exascale computing program (1) In general The Secretary shall conduct a coordinated research and development program to develop exascale computing systems to advance the missions of the Department. (2) Execution The Secretary shall, on a competitive, merit-reviewed basis, establish 2 or more National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures, and— (A) conduct mission-related co-design activities in developing exascale platforms; (B) develop those advancements in hardware and software technology required to fully realize the potential of an exascale production system in addressing Department target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management; and (C) explore the use of exascale computing technologies to advance a broad range of science and engineering. (3) Administration In carrying out this program, the Secretary shall— (A) provide, on a competitive, merit-reviewed basis, access for researchers in United States industry, institutions of higher education, National Laboratories, and other Federal agencies to exascale systems, as appropriate; and (B) conduct outreach programs to increase the readiness for the use of exascale platforms by domestic industries, including manufacturers. (4) Reports (A) Integrated strategy and program management plan The Secretary shall submit to Congress, not later than 90 days after the date of enactment of the Enabling Innovation for Science, Technology, and Energy in America Act of 2014 , a report outlining an integrated strategy and program management plan, including target dates for prototypical and production exascale platforms, interim milestones to reaching these targets, functional requirements, roles and responsibilities of National Laboratories and industry, acquisition strategy, and estimated resources required, to achieve this exascale system capability. The report shall include the Secretary’s plan for Departmental organization to manage and execute the Exascale Computing Program, including definition of the roles and responsibilities within the Department to ensure an integrated program across the Department. The report shall also include a plan for ensuring balance and prioritizing across ASCR subprograms in a flat or slow-growth budget environment. (B) Status reports At the time of the budget submission of the Department for each fiscal year, the Secretary shall submit a report to Congress that describes the status of milestones and costs in achieving the objectives of the exascale computing program. (C) Exascale merit report At least 18 months prior to the initiation of construction or installation of any exascale-class computing facility, the Secretary shall transmit a plan to the Congress detailing— (i) the proposed facility’s cost projections and capabilities to significantly accelerate the development of new energy technologies; (ii) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and (iii) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances. . 114. High energy physics (a) Program The Director shall carry out a research program on the elementary constituents of matter and energy and the nature of space and time. (b) Underground science (1) Purpose The Director shall create, preserve, and maintain United States facilities essential to underground scientific research supported by the Department. (2) Report Not later than 120 days after the date of enactment of this Act, and biennially thereafter, the Director shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the activities to steward national leadership in underground science, including— (A) methods for coordination between activities carried out under this section and activities carried out under section 117; (B) demonstration of engagement with other relevant Federal agencies, including the National Science Foundation; (C) plans for sustaining and advancing United States leadership in underground science, particularly as they relate to development of scientific user facilities to explore the frontiers of particle physics and science in general; and (D) identification of priorities in the area of underground science, taking into consideration previous Department and National Research Council reports. (3) Grants in support of underground science The Director shall carry out a competitive program to award grants to scientists and engineers at institutions of higher education, nonprofit institutions, and National Laboratories to conduct research in underground science. (4) Transfer of stewardship If the Department determines that one or more underground research facilities are no longer required to carry out the program described in this section, the Secretary may designate another appropriate steward of underground research facilities. If such stewardship is transferred, the Secretary shall provide notification to Congress within 30 days. (c) Accelerator Research and Development The Director shall carry out research and development in advanced accelerator concepts and technologies, including laser technologies, to reduce the necessary scope and cost for the next generation of particle accelerators. 115. Biological and environmental research (a) Program The Director shall carry out a program of research, development, and demonstration in the areas of biological systems science and climate and environmental science to support the energy and environmental missions of the Department. (b) Priority research In carrying out this section, the Director shall prioritize fundamental research on biological systems and genomics science with the greatest potential to enable technological solutions for American energy independence. (c) Assessment Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit a report to Congress identifying climate science-related initiatives under this section that overlap or duplicate initiatives of other Federal agencies and the extent of such overlap or duplication. (d) Limitation The Director shall not approve new climate science-related initiatives to be carried out through the Office of Science without making a determination that such work is unique and not duplicative of work by other Federal agencies. Not later than 3 months after receiving the assessment required under subsection (c), the Director shall cease those climate science-related initiatives identified in the assessment as overlapping or duplicative, unless the Director justifies that such work is critical to achieving American energy independence. (e) Low dose radiation research program (1) In general The Director shall carry out a research program on low dose radiation. The purpose of the program is to enhance the scientific understanding of and reduce uncertainties associated with the effects of exposure to low dose radiation in order to inform improved risk management methods. (2) Study Not later than 60 days after the date of enactment of this Act, the Director shall enter into an agreement with the National Academies to conduct a study assessing the current status and development of a long-term strategy for low dose radiation research. The study shall be conducted in coordination with Federal agencies that perform ionizing radiation effects research and shall leverage the most current studies in this field. Such study shall— (A) identify current scientific challenges for understanding the long-term effects of ionizing radiation; (B) assess the status of current low dose radiation research in the United States and internationally; (C) formulate overall scientific goals for the future of low-dose radiation research in the United States; (D) recommend a long-term strategic and prioritized research agenda to address scientific research goals for overcoming the identified scientific challenges in coordination with other research efforts; (E) define the essential components of a research program that would address this research agenda within the universities and the National Laboratories; and (F) assess the cost-benefit effectiveness of such a program. (3) Research plan Not later than 90 days after the completion of the study performed under paragraph (2) the Secretary shall deliver to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 5-year research plan that responds to the study’s findings and recommendations and identifies and prioritizes research needs. (4) Definition In this subsection, the term low dose radiation means a radiation dose of less than 100 millisieverts. (5) Prohibition on biomedical research Section 977(e) of the Energy Policy Act of 2005 ( 42 U.S.C. 16317(e) ) is amended to read as follows: (e) Prohibition on biomedical research In carrying out the program under this section, the Secretary shall not conduct biomedical research. . 116. Fusion energy (a) Program The Director shall carry out a fusion energy sciences research program to expand the fundamental understanding of plasmas and matter at very high temperatures and densities and to build the scientific foundation necessary to enable fusion power. (b) Plan Not later than 12 months after the date of enactment of this Act, the Director shall prepare, in consultation with relevant stakeholders including experts in fusion science and technology and engineering and operations, and submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a plan to carry out the program set forth in subsection (a). The plan shall— (1) outline the tasks required to resolve the remaining scientific, engineering, and materials challenges, including a schedule for accomplishing these tasks under various budget scenarios; (2) identify priorities for initiation of facility construction and facility decommissioning under various budget scenarios; (3) specify how existing domestic experimental capabilities and United States participation in the ITER project contribute to this effort, and what additional capabilities, including facilities for materials, plasma confinement, and fusion technologies and advances in large scale computer simulations may be needed within the United States; (4) provide a strategy to develop conceptual designs for building a demonstration power plant including the associated cost and schedule under various budget scenarios, and address considerations with respect to operability, reliability, and maintainability; and (5) describe options of involving international partners or collaborators and explain how such partnerships or collaborations might be leveraged to decrease costs or accelerate the schedule while enhancing United States leadership in fusion science and technology. (c) Advisory Committee Report and Recommendations Not later than 120 days after submission of the plan required under subsection (b), the Department’s Fusion Energy Science Advisory Committee shall provide the Director, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate a report of its findings, analyses, and recommendations to improve the plan, including a review of the most recent budget request. (d) ITER study The Comptroller General shall conduct a study to identify uncertainties and the outlook regarding on-schedule completion of the International Thermonuclear Experimental Reactor. The study shall review, examine, and investigate any management and technical challenges, as well as financial risks, associated with the International Thermonuclear Experimental Reactor. Not later than 6 months after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the results of the study. 117. Nuclear physics (a) Program The Director shall carry out a program of experimental and theoretical research, and support associated facilities, to discover, explore, and understand all forms of nuclear matter. (b) Isotope development and production for research applications The Director shall carry out a program for the production of isotopes, including the development of techniques to produce isotopes, that the Secretary determines are needed for research, medical, industrial, or other purposes. In making this determination, the Secretary shall— (1) ensure that, as has been the policy of the United States since the publication in 1965 of Federal Register notice 30 Fed. Reg. 3247, isotope production activities do not compete with private industry unless critical national interests necessitate the Federal Government’s involvement; (2) ensure that activities undertaken pursuant to this section, to the extent practicable, promote the growth of a robust domestic isotope production industry; and (3) consider any relevant recommendations made by Federal advisory committees, the National Academies, and interagency working groups in which the Department participates. 118. Science laboratories infrastructure program (a) Program The Director shall carry out a program to improve the safety, efficiency, and mission readiness of infrastructure at Office of Science laboratories. The program shall include projects to— (1) renovate or replace space that does not meet research needs; (2) replace facilities that are no longer cost effective to renovate or operate; (3) modernize utility systems to prevent failures and ensure efficiency; (4) remove excess facilities to allow safe and efficient operations; and (5) construct modern facilities to conduct advanced research in controlled environmental conditions. (b) Approach In carrying out this section, the Director shall utilize all available approaches and mechanisms, including capital line items, minor construction projects, energy savings performance contracts, utility energy service contracts, alternative financing, and expense funding, as appropriate. 119. Authorization of appropriations (a) Fiscal year 2014 There are authorized to be appropriated to the Secretary for the Office of Science for fiscal year 2014 $5,071,000,000, of which— (1) $1,712,757,000 shall be for Basic Energy Science; (2) $797,521,000 shall be for High Energy Physics; (3) $610,196,000 shall be for Biological and Environmental Research; (4) $569,938,000 shall be for Nuclear Physics; (5) $478,593,000 shall be for Advanced Scientific Computing Research; (6) $505,677,000 shall be for Fusion Energy Sciences; (7) $97,818,000 shall be for Science Laboratories Infrastructure; (8) $185,000,000 shall be for Science Program Direction; (9) $87,000,000 shall be for Safeguards and Security; and (10) $26,500,000 shall be for Workforce Development for Teachers and Scientists. (b) Fiscal year 2015 There are authorized to be appropriated to the Secretary for the Office of Science for fiscal year 2015 $5,324,550,000, of which— (1) $1,900,000,000 shall be for Basic Energy Science; (2) $825,000,000 shall be for High Energy Physics; (3) $500,000,000 shall be for Biological and Environmental Research; (4) $593,573,000 shall be for Nuclear Physics; (5) $600,000,000 shall be for Advanced Scientific Computing Research; (6) $521,288,000 shall be for Fusion Energy Sciences; (7) $79,189,000 shall be for Science Laboratories Infrastructure; (8) $185,000,000 shall be for Science Program Direction; (9) $94,000,000 shall be for Safeguards and Security; and (10) $26,500,000 shall be for Workforce Development for Teachers and Scientists. B Miscellaneous 121. Transparency (a) Cost Share The Secretary shall make public all cost-share waivers granted under section 988(b)(3) or (c)(2) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(b)(3) or (c)(2)) not later than 30 days after the waiver is issued. The information shall include— (1) the name of the entity receiving the waiver; (2) a justification for the reduction or elimination; (3) the final cost share percentage; (4) the amount of total cost share; (5) the date when the waiver is granted; and (6) a description of the supported project. (b) Technology transfer agreements The Secretary shall make public, not later than 30 days after a National Laboratory enters into a technology transfer agreement with a nongovernment entity, basic, nonproprietary information related to such technology transfer agreement, including— (1) Cooperative Research and Development Agreements; (2) non-Federal Work for Others Agreements; and (3) Agreements for Commercializing Technology under the pilot program described in section 127. (c) Financial awards The Secretary shall make public all grants, agreements, and other financial support for all research, development, demonstration, and commercial application activities within 30 days of an agreement. The information shall include— (1) the name of the project recipient, including all project partners; (2) the amount of the award; (3) a project description; and (4) the expected timeframe of completion. (d) Exemption This section shall not require the disclosure of information protected from disclosure under section 552(b) of title 5, United States Code. 122. National Energy Technology Laboratory (a) Finding Congress finds that the Department of Energy owns 17 National Laboratories, 16 of which are contractor-operated. The National Energy Technology Laboratory is the exclusive Government-operated laboratory. (b) Assessment Not later than 60 days after the date of enactment of this Act, the Under Secretary shall enter into an arrangement with the National Academy of Public Administration to conduct an assessment of the management and operations of the National Energy Technology Laboratory. (c) Elements of assessment The assessment performed under subsection (b) shall— (1) compare laboratory management as a government-owned, government-operated model compared to a government-owned, contractor-operated model; (2) provide a cost-benefit analysis to support the comparison under paragraph (1); and (3) identify a strategy for transitioning the laboratory to a government-owned, contractor-operated model. (d) Secretary’s Response Not later than 90 days after the completion of the assessment performed under subsection (b), the Secretary shall deliver to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a response to the findings and recommendations of the National Academy of Public Administration. 123. Savings clause Nothing in this subtitle or an amendment made by this subtitle abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. 124. Under Secretary for Science and Energy (a) In general Section 202(b) of the Department of Energy Organization Act ( 42 U.S.C. 7132(b) ) is amended— (1) by striking Under Secretary for Science each place it appears and inserting Under Secretary for Science and Energy ; and (2) in paragraph (4)— (A) in subparagraph (F), by striking and at the end; (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by inserting after subparagraph (G) the following: (H) establish appropriate linkages between offices under the jurisdiction of the Under Secretary; and (I) perform such functions and duties as the Secretary shall prescribe, consistent with this section. . (b) Conforming amendments (1) Section 3164(b)(1) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by striking Under Secretary for Science and inserting Under Secretary for Science and Energy . (2) Section 641(h)(2) of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended by striking Under Secretary for Science and inserting Under Secretary for Science and Energy . 125. National Laboratories operations and performance management (a) In general The Secretary shall ensure that the following duties and responsibilities are carried out through one or more appropriate statutory or administrative entities: (1) Evaluation, coordination, and promotion of transfer of National Laboratory research and development results to the market in collaboration with the Technology Transfer Coordinator. (2) Submission to the Secretary of reports describing recommendations for best practices for the National Laboratories including, with respect to management and operations procedures, conflict of interest regulations, engagement with the private sector, and technology transfer methodologies. (3) Implementation of other duties, as the Secretary determines appropriate, to improve the operations and performance of the National Laboratories. (b) Reporting The Secretary, in consultation with the appropriate committees of Congress, shall provide an annual update on progress made in carrying out subsection (a), including the improvement of National Laboratory operations and performance and strategic departmental and National Laboratory coordination. 126. Sense of Congress on an integrated strategy for National Laboratories in the 21st century It is the sense of Congress that— (1) the establishment of the independent Commission to Review the Effectiveness of the National Energy Laboratories under section 319 of title III of division D of the Consolidated Appropriations Act, 2014, is an important step towards developing a coordinated strategy for the National Laboratories in the 21st century; and (2) Congress looks forward to— (A) receiving the findings and conclusions of the Commission; and (B) engaging with the Administration— (i) in strengthening the mission of the National Laboratories; and (ii) to reform and modernize the operations and management of the National Laboratories. 127. Agreements for Commercializing Technology pilot program (a) In general The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, indemnification, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility (1) In general Notwithstanding any other provision of law (including regulations), any National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-Federal entities To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with non-Federal entities, including non-Federal entities already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1). (3) Restriction The requirements of chapter 18 of title 35, United States Code (commonly known as the Bayh-Dole Act ) shall apply if— (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section— (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section— (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension The pilot program referred to in subsection (a) shall be extended for a term of 2 years after the date of enactment of this Act. (g) Report Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that— (1) assesses the overall effectiveness of the pilot program referred to in subsection (a); (2) identifies opportunities to improve the effectiveness of the pilot program; (3) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (4) provides a recommendation regarding the future of the pilot program. 128. Technology transfer (a) In general Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $500,000. (b) Agreements Subsection (a) applies to— (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) Agreements for Commercializing Technology entered into under the pilot program described in section 127. (c) Administration (1) Accountability The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records On entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery. (d) Conforming amendment Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking Each Federal agency and inserting the following: (1) In general Except as provided in paragraph (2), each Federal agency ; and (C) by adding at the end the following: (2) Exception Notwithstanding paragraph (1), in accordance with section 128(a) of the Enabling Innovation for Science, Technology, and Energy in America Act of 2014 , approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $500,000. ; and (2) in subsection (b), by striking subsection (a)(1) each place it appears and inserting subsection (a)(1)(A) . 129. Inclusion of early-stage technology demonstration in authorized technology transfer activities Section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) is amended by— (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: (g) Early-Stage technology demonstration The Secretary shall permit the directors of the National Laboratories to use funds allocated for technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities intended to meet the Federal Government’s research needs. . 130. Funding competitiveness for institutions of higher education and other nonprofit institutions Section 988(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(b) ) is amended— (1) in paragraph (1), by striking Except as provided in paragraphs (2) and (3) and inserting Except as provided in paragraphs (2), (3), and (4) ; and (2) by adding at the end the following: (4) Exemption for institutions of higher education and other nonprofit institutions (A) In general Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 )). (B) Termination date The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph. . 131. Report by Government Accountability Office Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the results of the projects developed under sections 127, 128, and 129, and the amendments made thereby, including information regarding— (1) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (2) whether the activities carried out under those projects result in— (A) fiscal savings; (B) expansion of National Laboratory capabilities; (C) increased efficiency of technology transfers; or (D) an increase in general efficiency of the National Laboratory system. 132. Definitions In this title: (1) Department The term Department means the Department of Energy. (2) Director The term Director means the Director of the Office of Science. (3) National Laboratories The term National Laboratories means Department of Energy nonmilitary national laboratories, including— (A) Ames Laboratory; (B) Argonne National Laboratory; (C) Brookhaven National Laboratory; (D) Fermi National Accelerator Laboratory; (E) Idaho National Laboratory; (F) Lawrence Berkeley National Laboratory; (G) National Energy Technology Laboratory; (H) National Renewable Energy Laboratory; (I) Oak Ridge National Laboratory; (J) Pacific Northwest National Laboratory; (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; (M) Stanford Linear Accelerator Center; (N) Thomas Jefferson National Accelerator Facility; and (O) any laboratories operated by the National Nuclear Security Administration, but only with respect to the civilian energy activities thereof. (4) Office of Science The term Office of Science means the Department of Energy Office of Science. (5) Secretary The term Secretary means the Secretary of Energy. (6) STEM The term STEM means, science, technology, engineering, and mathematics. (7) Under Secretary The term Under Secretary means the Under Secretary for Science and Energy. II ONE Future 201. Short title This title may be cited as the Our Nation’s Energy Future Act of 2014 or the ONE Future Act . A Crosscutting Research and Development 211. Crosscutting research and development (a) Findings Congress finds the following: (1) The President believes that the United States energy policy must have an all-of-the-above strategy for the 21st century that develops every source of American-made energy . (2) The Department plays a strategic role in critical energy research and development to ensure a balanced, prosperous, and secure energy future. (b) Addressing our Nation’s energy future issues The Secretary shall, through the Under Secretary for Science and Energy, utilize the capabilities of the Department to address issues facing our Nation’s energy future, including identifying strategic opportunities for collaborative research, development, demonstration, and commercial application of innovative science and technologies for— (1) advancing the state of the energy-water-land use nexus; (2) improving energy transmission and distribution systems security and resiliency; (3) utilizing supercritical carbon dioxide in electric power generation; (4) subsurface engineering; (5) exascale computing; and (6) critical challenges identified through comprehensive energy studies, evaluations, and reviews. (c) Crosscutting approaches To the maximum extent practicable, the Secretary shall seek to leverage existing programs, and consolidate and coordinate activities, throughout the Department to promote collaboration and crosscutting approaches within programs. (d) Additional actions The Secretary shall— (1) prioritize activities that promote the utilization of all affordable domestic resources; (2) identify opportunities for public-private partnerships, innovative financing mechanisms, and grant challenges; (3) develop a rigorous and realistic planning, evaluation, and technical assessment framework for setting objective, long-term strategic goals and evaluating progress that ensures the integrity and independence to insulate planning from political influence and the agility and flexibility to adapt to market dynamics; (4) ensure that activities shall be undertaken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and (5) identify programs that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders. 212. Strategic research portfolio analysis and coordination plan Section 994 of Energy Policy Act of 2005 ( 42 U.S.C. 16358 ) is amended to read as follows: 994. Strategic research portfolio analysis and coordination plan (a) In general The Secretary shall periodically review all of the science and technology activities of the Department in a strategic framework that takes into account the frontiers of science to which the Department can contribute, the national needs relevant to the Department's statutory missions, and global energy dynamics. (b) Coordination analysis and plan As part of the review under subsection (a), the Secretary shall develop a coordination plan to improve coordination and collaboration in research, development, demonstration, and commercial application activities across Department organizational boundaries. (c) Plan contents The plan shall describe— (1) cross-cutting scientific and technical issues and research questions that span more than one program or major office of the Department; (2) how the applied technology programs of the Department are coordinating their activities, and addressing those questions; (3) ways in which the technical interchange within the Department, particularly between the Office of Science and the applied technology programs, can be enhanced, including ways in which the research agendas of the Office of Science and the applied programs can interact and assist each other; (4) a description of how the Secretary will ensure that the Department’s overall research agenda include, in addition to fundamental, curiosity-driven research, fundamental research related to topics of concern to the applied programs, and applications in Departmental technology programs of research results generated by fundamental, curiosity-driven research; (5) critical assessments of any ongoing programs that have experienced sub-par performance or cost over-runs of 10 percent or more over one or more years; and (6) activities that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders. (d) Plan transmittal Not later than 1 year after the date of enactment of the ONE Future Act , and every 4 years thereafter, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the results of the review under subsection (a) and the coordination plan under subsection (b). . 213. Strategy for facilities and infrastructure (a) Amendments Section 993 of the Energy Policy Act of 2005 ( 42 U.S.C. 16357 ) is amended— (1) by amending the section heading to read as follows: Strategy for facilities and infrastructure ; and (2) in subsection (b)(1), by striking 2008 inserting 2018 . (b) Table of contents amendment The item relating to section 993 in the table of contents of the Energy Policy Act of 2005 is amended to read as follows: Sec. 993. Strategy for facilities and infrastructure. . 214. Distributed energy and electric energy systems Section 921 of the Energy Policy Act of 2005 ( 42 U.S.C. 16211 ) is amended to read as follows: 921. Distributed energy and electric energy systems (a) In general The Secretary shall carry out programs of research, development, demonstration, and commercial application on distributed energy resources and systems reliability and efficiency, to improve the reliability and efficiency of distributed energy resources and systems, integrating advanced energy technologies with grid connectivity, including activities described in this subtitle. The programs shall address advanced energy technologies and systems and advanced grid security, resiliency, and reliability technologies. (b) Objectives To the maximum extent practicable, the Secretary shall seek to— (1) leverage existing programs; (2) consolidate and coordinate activities throughout the Department to promote collaboration and crosscutting approaches; (3) ensure activities are undertaken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and (4) identify programs that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders. . 215. Distributed energy technology coordinating consortia (a) Amendments Section 924 of the Energy Policy Act of 2005 ( 42 U.S.C. 16214 ) is amended— (1) by amending the section heading to read as follows: Distributed energy technology coordinating consortia ; (2) by striking paragraph (2) of subsection (b); and (3) by redesignating paragraph (3) of subsection (b) as paragraph (2). (b) Table of contents amendment The item relating to section 924 in the table of contents of the Energy Policy Act of 2005 is amended to read as follows: Sec. 924. Distributed energy technology coordinating consortia. . 216. Electric transmission and distribution research and development (a) Amendments Section 925 of the Energy Policy Act of 2005 ( 42 U.S.C. 16215 ) is amended— (1) by amending the section heading to read as follows: Electric transmission and distribution research and development ; (2) in subsection (a), by inserting innovations for after which shall include ; (3) in subsection (b)(1), by striking this Act and inserting the ONE Future Act ; and (4) by amending subsection (c) to read as follows: (c) Implementation (1) Consortium The Secretary shall consider implementing the program under this section using a consortium of participants from industry, institutions of higher education, and National Laboratories. (2) Objectives To the maximum extent practicable the Secretary shall seek to— (A) leverage existing programs; (B) consolidate and coordinate activities, throughout the Department to promote collaboration and crosscutting approaches; (C) ensure activities are undertaken in a manner that does not duplicate other activities within the Department or other Federal Government activities; and (D) identify programs that may be more effectively left to the States, industry, nongovernmental organizations, institutions of higher education, or other stakeholders. . (b) Table of contents amendment The item relating to section 925 in the table of contents of the Energy Policy Act of 2005 is amended to read as follows: Sec. 925. Electric transmission and distribution research and development. . B Nuclear Energy Research and Development 221. Objectives Section 951 of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general The Secretary shall conduct programs of civilian nuclear energy research, development, demonstration, and commercial application, including activities described in this subtitle. Such programs shall take into consideration the following objectives: (1) Enhancing nuclear power's viability as part of the United States energy portfolio. (2) Reducing used nuclear fuel and nuclear waste products generated by civilian nuclear energy. (3) Supporting technological advances in areas that industry by itself is not likely to undertake because of technical and financial uncertainty. (4) Providing the technical means to reduce the likelihood of nuclear proliferation. (5) Maintaining a cadre of nuclear scientists and engineers. (6) Maintaining National Laboratory and university nuclear programs, including their infrastructure. (7) Supporting both individual researchers and multidisciplinary teams of researchers to pioneer new approaches in nuclear energy, science, and technology. (8) Developing, planning, constructing, acquiring, and operating special equipment and facilities for the use of researchers. (9) Supporting technology transfer and other appropriate activities to assist the nuclear energy industry, and other users of nuclear science and engineering, including activities addressing reliability, availability, productivity, component aging, safety, and security of nuclear power plants. (10) Reducing the environmental impact of nuclear energy-related activities. (11) Researching and developing technologies and processes to meet Federal and State requirements and standards for nuclear power systems. ; (2) by striking subsections (b) through (d); and (3) by redesignating subsection (e) as subsection (b). 222. Program objectives study Section 951 of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 ) is further amended by adding at the end the following new subsection: (c) Program objectives study In furtherance of the program objectives listed in subsection (a) of this section, the Government Accountability Office shall, within one year after the date of enactment of this subsection, transmit to the Congress a report on the results of a study on the scientific and technical merit of major Federal and State requirements and standards, including moratoria, that delay or impede the further development and commercialization of nuclear power, and how the Department can assist in overcoming such delays or impediments. . 223. Nuclear energy research and development programs Section 952 of the Energy Policy Act of 2005 ( 42 U.S.C. 16272 ) is amended by striking subsections (c) through (e) and inserting the following: (c) Reactor concepts (1) In general The Secretary shall carry out a program of research, development, demonstration, and commercial application to advance nuclear power systems as well as technologies to sustain currently deployed systems. (2) Designs and technologies In conducting the program under this subsection, the Secretary shall examine advanced reactor designs and nuclear technologies, including those that— (A) are economically competitive with other electric power generation plants; (B) have higher efficiency, lower cost, and improved safety compared to reactors in operation as of the date of enactment of the ONE Future Act ; (C) utilize passive safety features; (D) minimize proliferation risks; (E) substantially reduce production of high-level waste per unit of output; (F) increase the life and sustainability of reactor systems currently deployed; (G) use improved instrumentation; (H) are capable of producing large-scale quantities of hydrogen or process heat; (I) minimize water usage or use alternatives to water as a cooling mechanism; or (J) use nuclear energy as part of an integrated energy system. (3) International cooperation In carrying out the program under this subsection, the Secretary shall seek opportunities to enhance the progress of the program through international cooperation through such organizations as the Generation IV International Forum or any other international collaboration the Secretary considers appropriate. (4) Exceptions No funds authorized to be appropriated to carry out the activities described in this subsection shall be used to fund the activities authorized under sections 641 through 645. . 224. Small modular reactor program Section 952 of the Energy Policy Act of 2005 ( 42 U.S.C. 16272 ) is further amended by adding at the end the following new subsection: (d) Small modular reactor program (1) In general The Secretary shall carry out a small modular reactor program to promote research, development, demonstration, and commercial application of small modular reactors, including through cost-shared projects for commercial application of reactor systems designs. (2) Consultation The Secretary shall consult with and utilize the expertise of the Secretary of the Navy in establishing and carrying out such program. (3) Additional activities Activities may also include development of advanced computer modeling and simulation tools, by Federal and non-Federal entities, which demonstrate and validate new design capabilities of innovative small modular reactor designs. (4) Definition For the purposes of this subsection, the term small modular reactor means a nuclear reactor meeting generally accepted industry standards— (A) with a rated capacity of less than 300 electrical megawatts; (B) with respect to which most parts can be factory assembled and shipped as modules to a reactor plant site for assembly; and (C) that can be constructed and operated in combination with similar reactors at a single site. . 225. Conventional improvements to nuclear power plants Section 952 of the Energy Policy Act of 2005 ( 42 U.S.C. 16272 ) is further amended by adding at the end the following new subsection: (e) Conventional improvements to nuclear power plants (1) In general The Secretary may carry out a Nuclear Energy Research Initiative for research and development related to power conversion improvements to nuclear power plants to promote the research, development, demonstration, and commercial application of— (A) cooling systems; (B) turbine technologies; (C) heat exchangers and pump design; (D) special coatings to improve lifetime of components and performance of heat exchangers; and (E) advanced power conversion systems for advanced reactor technologies. (2) Administration The Secretary may undertake initiatives under this subsection only when the goals are relevant and proper to enhance the performance of technologies developed under subsection (c). Not more than $10,000,000 of funds authorized for this section may be used for carrying out this subsection. . 226. Fuel cycle research and development (a) Amendments Section 953 of the Energy Policy Act of 2005 ( 42 U.S.C. 16273 ) is amended— (1) in the section heading by striking Advanced fuel cycle initiative and inserting Fuel cycle research and development ; (2) by striking subsection (a); (3) by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and (4) by inserting before subsection (d), as so redesignated by paragraph (3) of this subsection, the following new subsections: (a) In general The Secretary shall conduct a fuel cycle research, development, demonstration, and commercial application program (referred to in this section as the program ) on fuel cycle options that improve uranium resource utilization, maximize energy generation, minimize nuclear waste creation, improve safety, mitigate risk of proliferation, and improve waste management in support of a national strategy for spent nuclear fuel and the reactor concepts research, development, demonstration, and commercial application program under section 952(c). (b) Fuel cycle options Under this section the Secretary may consider implementing the following initiatives: (1) Open cycle Developing fuels, including the use of nonuranium materials and alternate claddings, for use in reactors that increase energy generation, improve safety performance and margins, and minimize the amount of nuclear waste produced in an open fuel cycle. (2) Recycle Developing advanced recycling technologies, including advanced reactor concepts to improve resource utilization, reduce proliferation risks, and minimize radiotoxicity, decay heat, and mass and volume of nuclear waste to the greatest extent possible. (3) Advanced storage methods Developing advanced storage technologies for both onsite and long-term storage that substantially prolong the effective life of current storage devices or that substantially improve upon existing nuclear waste storage technologies and methods, including repositories. (4) Alternative and deep borehole storage methods Developing alternative storage methods for long-term storage, including deep boreholes into stable crystalline rock formations and mined repositories in a range of geologic media. (5) Fast test reactor Investigating the potential research benefits of a fast test reactor to conduct experiments on fuels and materials related to fuel forms and fuel cycles that will increase fuel utilization, reduce proliferation risks, and reduce nuclear waste products. (6) Other technologies Developing any other technology or initiative that the Secretary determines is likely to advance the objectives of the program. (c) Additional advanced recycling and crosscutting activities In addition to and in support of the specific initiatives described in paragraphs (1) through (6) of subsection (b), the Secretary may support the following activities: (1) Development and testing of integrated process flow sheets for advanced nuclear fuel recycling processes. (2) Research to characterize the byproducts and waste streams resulting from fuel recycling processes. (3) Research and development on reactor concepts or transmutation technologies that improve resource utilization or reduce the radiotoxicity of waste streams. (4) Research and development on waste treatment processes and separations technologies, advanced waste forms, and quantification of proliferation risks. (5) Identification and evaluation of test and experimental facilities necessary to successfully implement the advanced fuel cycle initiative. (6) Advancement of fuel cycle-related modeling and simulation capabilities. (7) Research to understand the behavior of high-burnup fuels. . (b) Conforming amendment The item relating to section 953 in the table of contents of the Energy Policy Act of 2005 is amended to read as follows: Sec. 953. Fuel cycle research and development. . 227. Nuclear energy enabling technologies program (a) Amendment Subtitle E of title IX of the Energy Policy Act of 2005 ( 42 U.S.C. 16271 et seq. ) is amended by adding at the end the following new section: 958. Nuclear energy enabling technologies (a) In general The Secretary shall conduct a program to support the integration of activities undertaken through the reactor concepts research, development, demonstration, and commercial application program under section 952(c) and the fuel cycle research and development program under section 953, and support crosscutting nuclear energy concepts. Activities commenced under this section shall be concentrated on broadly applicable research and development focus areas. (b) Activities Activities conducted under this section may include research involving— (1) advanced reactor materials; (2) advanced radiation mitigation methods; (3) advanced proliferation and security risk assessment methods; (4) advanced sensors and instrumentation; (5) advanced nuclear manufacturing methods; (6) high performance computation modeling, including multiphysics, multidimensional modeling and simulation for nuclear energy systems; and (7) any crosscutting technology or transformative concept aimed at establishing substantial and revolutionary enhancements in the performance of future nuclear energy systems that the Secretary considers relevant and appropriate to the purpose of this section. (c) Report The Secretary shall submit, as part of the annual budget submission of the Department, a report on the activities of the program conducted under this section, which shall include a brief evaluation of each activity’s progress. . (b) Conforming amendment The table of contents of the Energy Policy Act of 2005 is amended by adding at the end of the items for subtitle E of title IX the following new item: Sec. 958. Nuclear energy enabling technologies. . 228. Technical standards collaboration (a) In general The Director of the National Institute of Standards and Technology shall establish a nuclear energy standards committee (in this section referred to as the technical standards committee ) to facilitate and support, consistent with the National Technology Transfer and Advancement Act of 1995, the development or revision of technical standards for new and existing nuclear power plants and advanced nuclear technologies. (b) Membership (1) In general The technical standards committee shall include representatives from appropriate Federal agencies and the private sector, and be open to materially affected organizations involved in the development or application of nuclear energy-related standards. (2) Co-chairs The technical standards committee shall be co-chaired by a representative from the National Institute of Standards and Technology and a representative from a private sector standards organization. (c) Duties The technical standards committee shall, in cooperation with appropriate Federal agencies— (1) perform a needs assessment to identify and evaluate the technical standards that are needed to support nuclear energy, including those needed to support new and existing nuclear power plants and advanced nuclear technologies; (2) formulate, coordinate, and recommend priorities for the development of new technical standards and the revision of existing technical standards to address the needs identified under paragraph (1); (3) facilitate and support collaboration and cooperation among standards developers to address the needs and priorities identified under paragraphs (1) and (2); (4) as appropriate, coordinate with other national, regional, or international efforts on nuclear energy-related technical standards in order to avoid conflict and duplication and to ensure global compatibility; and (5) promote the establishment and maintenance of a database of nuclear energy-related technical standards. (d) Authorization of appropriations There are authorized to be appropriated $1,000,000 for fiscal year 2015 to the Director of the National Institute of Standards and Technology for activities under this section. 229. Evaluation of long-term operating needs (a) In general The Secretary shall enter into an arrangement with the National Academies to conduct an evaluation of the scientific and technological challenges to the long-term maintenance and safe operation of currently deployed nuclear power reactors up to and beyond the specified design-life of reactor systems. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to the Congress, and make publically available, the results of the evaluation undertaken by the Academies pursuant to subsection (a). 230. Available facilities database The Secretary shall prepare a database of non-Federal user facilities receiving Federal funds that may be used for unclassified nuclear energy research. The Secretary shall make this database accessible on the Department’s website. 231. Nuclear waste disposal To the extent consistent with the requirements of current law, the Department shall be responsible for disposal of high-level radioactive waste or spent nuclear fuel generated by reactors under the programs authorized in this subtitle, or the amendments made by this subtitle. C Energy Efficiency and Renewable Energy Research and Development 241. Energy efficiency Section 911 of the Energy Policy Act of 2005 ( 42 U.S.C. 16191 ) is amended to read as follows: 911. Energy efficiency (a) Objectives The Secretary shall conduct programs of energy efficiency research, development, demonstration, and commercial application, including activities described in this subtitle. Such programs shall prioritize activities that industry by itself is not likely to undertake because of technical, financial, or regulatory uncertainty, and take into consideration the following objectives: (1) Increasing energy efficiency. (2) Reducing the cost of energy and making the economy more competitive. (3) Improving the energy security of the United States. (4) Reducing the environmental impact of energy-related activities. (b) Programs Programs under this subtitle shall include research, development, demonstration, and commercial application of— (1) innovative, affordable technologies to improve the energy efficiency and environmental performance of vehicles, including weight and drag reduction technologies, and whole-vehicle design optimization; (2) cost-effective technologies, for new construction and retrofit, to improve the energy efficiency and environmental performance of buildings, using a whole-buildings approach; (3) advanced technologies to improve the energy efficiency, environmental performance, and process efficiency of energy-intensive and waste-intensive industries; and (4) technologies to improve the energy efficiency of appliances and mechanical systems for buildings in extreme climates, including cogeneration, trigeneration, and polygeneration units and increased use of renewable resources, or alternative fuels. . 242. Next Generation Lighting Initiative Section 912 of the Energy Policy Act of 2005 ( 42 U.S.C. 16192 ) is repealed. 243. Building standards Section 914 of the Energy Policy Act of 2005 ( 42 U.S.C. 16194 ) is amended by striking subsection (c). 244. Secondary electric vehicle battery use program Section 915 of the Energy Policy Act of 2005 ( 42 U.S.C. 16195 ) is repealed. 245. Energy Efficiency Science Initiative Section 916(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16196(a) ) is amended to read as follows: (a) Establishment The Secretary shall establish an Energy Efficiency Science Initiative to be managed by the Under Secretary for Science and Energy, for grants to be competitively awarded and subject to peer review for research relating to energy efficiency innovations. . 246. Advanced Energy Technology Transfer Centers Section 917 of the Energy Policy Act of 2005 ( 42 U.S.C. 16197 ) is amended— (1) in subsection (a)— (A) by inserting and at the end of paragraph (2)(B); (B) by striking ; and at the end of paragraph (3) and inserting a period; and (C) by striking paragraph (4); (2) in subsection (b)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and (C) by striking paragraph (6); (3) by amending subsection (g) to read as follows: (g) Prohibition None of the funds awarded under this section may be used for the construction of facilities or the deployment of commercially available technologies. ; and (4) by striking subsection (i). 247. Renewable energy Section 931 of the Energy Policy Act of 2005 ( 42 U.S.C. 16231 ) is amended to read as follows: 931. Renewable energy (a) In General (1) Objectives The Secretary shall conduct programs of renewable energy research, development, demonstration, and commercial application, including activities described in this subtitle. Such programs shall prioritize activities that industry by itself is not likely to undertake because of technical, financial, or regulatory uncertainty, and take into consideration the following objectives: (A) Increasing the conversion efficiency of all forms of renewable energy through improved technologies. (B) Decreasing the cost of renewable energy generation and delivery. (C) Promoting the diversity of the energy supply. (D) Decreasing the dependence of the United States on foreign mineral resources. (E) Improving United States energy security. (F) Decreasing the environmental impact of renewable energy-related activities. (G) Increasing the export of renewable generation technologies from the United States. (2) Programs (A) Solar energy The Secretary shall conduct a program of research, development, demonstration, and commercial application for solar energy, including innovations in— (i) photovoltaics; (ii) solar heating; (iii) concentrating solar power; (iv) lighting systems that integrate sunlight and electrical lighting in complement to each other; (v) manufacturability of low cost, high quality solar systems; and (vi) development of technologies that can be easily integrated into new and existing buildings. (B) Wind energy The Secretary shall conduct a program of research, development, demonstration, and commercial application for wind energy, including innovations in— (i) low speed wind energy; (ii) testing and verification technologies; (iii) distributed wind energy generation; and (iv) transformational technologies for harnessing wind energy. (C) Geothermal The Secretary shall conduct a program of research, development, demonstration, and commercial application for geothermal energy. The program shall focus on developing innovative and transformational technologies for reducing the costs of geothermal energy, including technologies for— (i) improving detection of geothermal resources; (ii) decreasing drilling costs; (iii) decreasing maintenance costs through improved materials; (iv) increasing the potential for other revenue sources, such as mineral production; and (v) increasing the understanding of reservoir life cycle and management. (D) Hydropower The Secretary shall conduct a program of research, development, demonstration, and commercial application for cost competitive technologies that enable the development of new and incremental hydropower capacity, adding to the diversity of the energy supply of the United States, including: (i) Advanced technologies to enhance environmental performance and yield greater energy efficiencies. (ii) Ocean energy, including wave energy. (E) Miscellaneous projects The Secretary shall conduct research, development, demonstration, and commercial application programs for— (i) the combined use of renewable energy technologies with one another and with other energy technologies, including the combined use of renewable power and fossil technologies; (ii) renewable energy technologies for cogeneration of hydrogen and electricity; (iii) kinetic hydro turbines; and (iv) the Pioneering Energy Research Program under section 262 of the ONE Future Act . (b) Rural Demonstration Projects In carrying out this section, the Secretary, in consultation with the Secretary of Agriculture, shall give priority to demonstrations that assist in delivering electricity to rural and remote locations including— (1) advanced renewable power technology, including combined use with fossil technologies; (2) biomass; and (3) geothermal energy systems. (c) Analysis and Evaluation (1) In general The Secretary shall conduct analysis and evaluation in support of the renewable energy programs under this subtitle. These activities shall be used to guide budget and program decisions, and shall include— (A) economic and technical analysis of renewable energy potential, including resource assessment; (B) analysis of past program performance, both in terms of technical advances and in market introduction of renewable energy; (C) assessment of domestic and international market drivers, including the impacts of any Federal, State, or local grants, loans, loan guarantees, tax incentives, statutory or regulatory requirements, or other government initiatives; and (D) any other analysis or evaluation that the Secretary considers appropriate. (2) Funding The Secretary may designate up to 1 percent of the funds appropriated for carrying out this subtitle for analysis and evaluation activities under this subsection. (3) Submittal to congress This analysis and evaluation shall be submitted to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate at least 30 days before each annual budget request is submitted to Congress. . 248. Bioenergy program Section 932 of the Energy Policy Act of 2005 ( 42 U.S.C. 16232 ) is amended to read as follows: 932. Bioenergy program (a) Program The Secretary shall conduct a program of research, development, demonstration, and commercial application for bioenergy, including innovations in— (1) biopower energy systems; (2) biofuels; (3) bioproducts; (4) integrated biorefineries that may produce biopower, biofuels, and bioproducts; and (5) cross-cutting research and development in feedstocks. (b) Biofuels and Bioproducts The goals of the biofuels and bioproducts programs shall be to develop, in partnership with industry and institutions of higher education— (1) advanced biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks that are price-competitive with fossil-based fuels and fully compatible with either internal combustion engines or fuel cell-powered vehicles; (2) advanced biotechnology processes capable of making biofuels and bioproducts with emphasis on development of biorefinery technologies using enzyme-based processing systems; and (3) other advanced processes that will enable the development of cost-effective bioproducts, including biofuels. (d) Retrofit Technologies for the Development of Ethanol From Cellulosic Materials The Secretary shall establish a program of research, development, demonstration, and commercial application for technologies and processes to enable biorefineries that exclusively use corn grain or corn starch as a feedstock to produce ethanol to be retrofitted to accept a range of biomass, including lignocellulosic feedstocks. (c) Definitions In this section: (1) Biomass The term biomass means— (A) any organic material grown for the purpose of being converted to energy; (B) any organic byproduct of agriculture (including wastes from food production and processing) that can be converted into energy; or (C) any waste material that can be converted to energy, is segregated from other waste materials, and is derived from— (i) any of the following forest-related resources: mill residues, precommercial thinnings, slash, brush, or otherwise nonmerchantable material; (ii) wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste, gas derived from the biodegradation of municipal solid waste, or paper that is commonly recycled; or (iii) solids derived from waste water treatment processes. (2) Lignocellulosic feedstock The term lignocellulosic feedstock means any portion of a plant or coproduct from conversion, including crops, trees, forest residues, and agricultural residues not specifically grown for food, including from barley grain, grapeseed, rice bran, rice hulls, rice straw, soybean matter, and sugarcane bagasse. . 249. Concentrating solar power research program Section 934 of the Energy Policy Act of 2005 ( 42 U.S.C. 16234 ) is repealed. 250. Renewable energy in public buildings Section 935 of the Energy Policy Act of 2005 ( 42 U.S.C. 16235 ) and the item relating thereto in the table of contents of that Act are repealed. D Fossil Energy Research and Development 261. Fossil energy Section 961 of Energy Policy Act of 2005 ( 42 U.S.C. 16291 ) is amended to read as follows: 961. Fossil energy (a) In general The Secretary shall carry out research, development, demonstration, and commercial application programs in fossil energy, including activities under this subtitle, with the goal of improving the efficiency, effectiveness, and environmental performance of fossil energy production, upgrading, conversion, and consumption. Such programs shall take into consideration the following objectives: (1) Increasing the energy conversion efficiency of all forms of fossil energy through improved technologies. (2) Decreasing the cost of all fossil energy production, generation, and delivery. (3) Promoting diversity of energy supply. (4) Decreasing the dependence of the United States on foreign energy supplies. (5) Improving United States energy security. (6) Decreasing the environmental impact of energy-related activities. (7) Increasing the export of fossil energy-related equipment, technology, and services from the United States. (b) Limitations (1) Uses None of the funds authorized for carrying out this section may be used for Fossil Energy Environmental Restoration. (2) Institutions of higher education Not less than 20 percent of the funds appropriated for carrying out section 964 of this Act for each fiscal year shall be dedicated to research and development carried out at institutions of higher education. (3) Use for regulatory assessments or determinations The results of any research, development, demonstration, or commercial application projects or activities of the Department may not be used for regulatory assessments or determinations by Federal regulatory authorities. (c) Assessments (1) Constraints against bringing resources to market Not later than 1 year after the date of enactment of the ONE Future Act , the Secretary shall transmit to Congress an assessment of the technical, institutional, policy, and regulatory constraints to bringing new domestic fossil resources to market. (2) Technology capabilities Not later than 2 years after the date of enactment of the ONE Future Act , the Secretary shall transmit to Congress a long-term assessment of existing and projected technological capabilities for expanded production from domestic unconventional oil, gas, and methane reserves. . 262. Pioneering Energy Research (a) Establishment The Secretary, in conjunction with the program consortium selected under subsection (d), shall establish and carry out a public-private partnership Pioneering Energy Research Program for research, development, demonstration, and commercial application of technologies to maximize domestic energy production, improve environmental stewardship, ensure domestic energy security, and maintain global energy leadership. (b) Covered activities The program under this section shall include research, development, demonstration, and commercial application on— (1) natural gas and other petroleum resource exploration, production and consumption, including technologies and processes to improve well and pipeline integrity, improve understanding of fluid flow and storage, reduce surface footprints, and improve water management technologies in conventional and unconventional resources; (2) alternative liquid transportation fuel activities, including integration of biomass and natural gas for transportation fuels production, cleaner fuels, renewable liquid fuels other than ethanol, natural gas vehicles, and other innovative fossil-based fuels; (3) energy system risk management, optimization, resiliency, and integration; (4) hydraulic fracturing and shale petroleum, including the establishment and continued operation of one or more Hydraulic Fracturing Test Sites to address efficiency, safety, and environmental sustainability of hydraulic fracturing and shale petroleum technologies; (5) small producer technology challenges, including improving well integrity and efficiency; (6) subsurface energy exploration and production, including geothermal energy; (7) interstate and intrastate natural gas pipeline and distribution system integrity management; and (8) other domestic energy challenges as identified by the Secretary or the program consortium and included in the annual plan prepared under subsection (i). (c) Role of the secretary The Secretary shall have ultimate responsibility for, and oversight of, all aspects of the program under this section. The Secretary may not assign any activities to the program consortium except as specifically authorized under this section. (d) Selection of the program consortium (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall select the program consortium through an open, competitive process. (2) Requirement of section 501(c)(3) status The Secretary shall not select a program consortium under this section unless such consortium is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under such section 501(a) of such Code. (e) Role of the program consortium Upon approval of the Secretary, the program consortium shall— (1) administer the program, to the extent provided under subsection (c); (2) issue research project solicitations; (3) make project awards to research performers; (4) disburse research funds awarded under this section to research performers in accordance with the annual plan prepared under subsection (i); and (5) carry out other activities assigned to the program consortium or as provided in the annual plan. (f) Administrative costs To compensate the program consortium for carrying out its activities under this section, the Secretary shall provide to the program consortium up to 10 percent of the total appropriation for carrying out this section each fiscal year. (g) Coordination In carrying out this section, the Secretary and the program consortium shall promote coordination and cooperation among program offices at the Department. (h) Complementary research The Secretary, through the National Renewable Energy Laboratory and the National Energy Technology Laboratory, shall carry out research and other activities complementary to and supportive of the program authorized under this section. Up to 12.5 percent of appropriated program funds each fiscal year shall be for complementary research conducted by the National Energy Technology Laboratory and the National Renewable Energy Laboratory. (i) Annual plan (1) Development Not later than 1 year after the date of enactment of this Act, and annually thereafter, the program consortium shall develop, and transmit to the Secretary, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate, a plan for activities under this section, including the distribution of Program funds, which shall be reviewed and approved within 60 days by the Secretary. (2) Contents The annual plan shall describe the ongoing and prospective activities of the program under this section and shall include a list of any solicitations for awards to carry out research, development, demonstration, and commercial application activities, including specifics on the topics for such work, who would be eligible to apply, selection criteria, and the duration of awards. (j) Awards (1) In general Upon approval of the Secretary, the program consortium shall make awards to research performers to carry out research, development, demonstration, and commercial application activities under this section. (2) Oversight (A) In general The program consortium shall oversee the implementation of awards under this subsection, consistent with the annual plan developed under subsection (i), including disbursing funds and monitoring activities carried out under such awards for compliance with the terms and conditions of the awards. (B) Effect Nothing in subparagraph (A) shall limit the authority or responsibility of the Secretary to oversee awards, or limit the authority of the Secretary to review or revoke awards. (k) Authorization of appropriations There are authorized to be appropriated to the Secretary, to remain available until expended, for carrying out this section— (1) $50,000,000, to be derived from amounts appropriated under section 291(c); and (2) $50,000,000, to be derived from amounts appropriated under section 291(d). 263. Research, development, demonstration, and commercial application programs (a) In general Section 962 of the Energy Policy Act of 2005 ( 42 U.S.C. 16292 ) is amended— (1) in subsection (a)— (A) in paragraph (10), by striking and at the end; (B) in paragraph (11), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (12) specific additional programs to address water use and reuse; (13) the testing, including the construction of testing facilities, of high temperature materials for use in advanced systems for combustion or use of coal; and (14) innovations to application of existing coal conversion systems designed to increase efficiency of conversion, flexibility of operation, and other modifications to address existing usage requirements. ; (2) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (3) by inserting after subsection (a) the following: (b) Transformational coal technology program (1) In general As part of the program established under subsection (a), the Secretary may carry out a program designed to undertake research, development, demonstration, and commercial application of technologies, including the accelerated development of— (A) chemical looping technology; (B) supercritical carbon dioxide power generation cycles; (C) pressurized oxycombustion, including new and retrofit technologies; and (D) other technologies that are characterized by the use of— (i) alternative energy cycles; (ii) thermionic devices using waste heat; (iii) fuel cells; (iv) replacement of chemical processes with biotechnology; (v) nanotechnology; (vi) new materials in applications (other than extending cycles to higher temperature and pressure), such as membranes or ceramics; (vii) carbon utilization, such as in construction materials, using low quality energy to reconvert back to a fuel, or manufactured food; (viii) advanced gas separation concepts; and (ix) other technologies, including— (I) modular, manufactured components; and (II) innovative production or research techniques, such as using 3–D printer systems, for the production of early research and development prototypes. (2) Cost share In carrying out the program described in paragraph (1), the Secretary shall enter into partnerships with private entities to share the costs of carrying out the program. The Secretary may reduce or eliminate the non-Federal cost share requirement if the Secretary determines that the reduction or elimination is necessary and appropriate considering the technological risks involved in the project. ; and (4) in subsection (c) (as so redesignated)— (A) by striking paragraph (1) and inserting the following: (1) In general In carrying out programs authorized by this section, the Secretary shall identify cost and performance goals for coal-based technologies that would permit the continued cost-competitive use of coal for the production of electricity, chemical feedstocks, transportation fuels, and other marketable products. ; and (B) in paragraph (2), by striking date of enactment of this Act each place it appears and inserting date of enactment of the ONE Future Act . (b) Advisory committee; authorization of appropriations Section 963 of the Energy Policy Act of 2005 ( 42 U.S.C. 16293 ) is amended— (1) by amending paragraph (6) of subsection (c) to read as follows: (6) Advisory committee (A) In general Subject to subparagraph (B), the Secretary shall establish an advisory committee to undertake, not less frequently than once every 3 years, a review and prepare a report on the progress being made by the Department of Energy to achieve the goals described in subsections (a) and (b) of section 962 and subsection (b) of this section. (B) Membership requirements Members of the advisory committee established under subparagraph (A) shall be appointed by the Secretary. ; and (2) by amending subsection (d) to read as follows: (d) Study of carbon dioxide pipelines Not later than 1 year after the date of enactment of the ONE Future Act , the Secretary shall transmit to Congress the results of a study to assess the cost and feasibility of engineering, permitting, building, maintaining, regulating, and insuring a national system of carbon dioxide pipelines. . 264. High efficiency gas turbines research and development (a) In general The Secretary, through the Office of Fossil Energy, shall carry out a multiyear, multiphase program of research, development, demonstration, and commercial application to innovate technologies to maximize the efficiency of gas turbines used in power generation systems. (b) Program elements The program under this section shall— (1) support innovative engineering and detailed gas turbine design for megawatt-scale and utility-scale electric power generation, including— (A) high temperature materials, including superalloys, coatings, and ceramics; (B) improved heat transfer capability; (C) manufacturing technology required to construct complex three-dimensional geometry parts with improved aerodynamic capability; (D) combustion technology to produce higher firing temperature while lowering nitrogen oxide and carbon monoxide emissions per unit of output; (E) advanced controls and systems integration; (F) advanced high performance compressor technology; and (G) validation facilities for the testing of components and subsystems; (2) include technology demonstration through component testing, subscale testing, and full scale testing in existing fleets; (3) include field demonstrations of the developed technology elements so as to demonstrate technical and economic feasibility; and (4) assess overall combined cycle and simple cycle system performance. (c) Program goals The goals of the multiphase program established under subsection (a) shall be— (1) in phase I— (A) to develop the conceptual design of advanced high efficiency gas turbines that can achieve at least 62 percent combined cycle efficiency or 47 percent simple cycle efficiency on a lower heating value basis; and (B) to develop and demonstrate the technology required for advanced high efficiency gas turbines that can achieve at least 62 percent combined cycle efficiency or 47 percent simple cycle efficiency on a lower heating value basis; and (2) in phase II, to develop the conceptual design for advanced high efficiency gas turbines that can achieve at least 65 percent combined cycle efficiency or 50 percent simple cycle efficiency on a lower heating value basis. (d) Proposals Within 180 days after the date of enactment of this Act, the Secretary shall solicit grant and contract proposals from industry, small businesses, universities, and other appropriate parties for conducting activities under this section. In selecting proposals, the Secretary shall emphasize— (1) the extent to which the proposal will stimulate the creation or increased retention of jobs in the United States; and (2) the extent to which the proposal will promote and enhance United States technology leadership. (e) Competitive Awards The provision of funding under this section shall be on a competitive basis with an emphasis on technical merit. (f) Cost sharing Section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 ) shall apply to an award of financial assistance made under this section. E Advanced Research Projects Agency–Energy 281. ARPA–E amendments Section 5012 of the America COMPETES Act ( 42 U.S.C. 16538 ) is amended— (1) by amending paragraph (1) of subsection (c) to read as follows: (1) In general The goals of ARPA–E shall be to enhance the economic and energy security of the United States and to ensure that the United States maintains a technological lead through the development of advanced energy technologies. ; (2) in subsection (i)(1), by inserting ARPA–E shall not provide funding for a project unless the prospective grantee demonstrates sufficient attempts to secure private financing as to indicate that the project is not independently commercially viable. after relevant research agencies. ; (3) in subsection (l)(1), by inserting and once every 6 years thereafter, after operation for 6 years, ; and (4) by redesignating subsection (n) as subsection (o) and inserting after subsection (m) the following new subsection: (n) Protection of proprietary information (1) In general The following categories of information collected by the Advanced Research Projects Agency–Energy from recipients of financial assistance awards shall be considered privileged and confidential and not subject to disclosure pursuant to section 552 of title 5, United States Code: (A) Plans for commercialization of technologies developed under the award, including business plans, technology to market plans, market studies, and cost and performance models. (B) Investments provided to an awardee from third parties, such as venture capital, hedge fund, or private equity firms, including amounts and percentage of ownership of the awardee provided in return for such investments. (C) Additional financial support that the awardee plans to invest or has invested into the technology developed under the award, or that the awardee is seeking from third parties. (D) Revenue from the licensing or sale of new products or services resulting from the research conducted under the award. (2) Effect of subsection Nothing in this subsection affects— (A) the authority of the Secretary to use information without publicly disclosing such information; or (B) the responsibility of the Secretary to transmit information to Congress as required by law. . F Miscellaneous 291. Authorization of appropriations (a) Crosscutting programs There are authorized to be appropriated to the Secretary for— (1) research, development, demonstration, and commercial application for Electrical Delivery and Energy Reliability Research and Development activities within the Office of Electricity, $105,700,000 for fiscal year 2014; and (2) research, development, demonstration, and commercial application for crosscutting programs within the Department $145,700,000 for fiscal year 2015, including up to $105,700,000 for Electrical Delivery and Energy Reliability Research and Development activities within the Office of Electricity. (b) Nuclear energy (1) In general There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for nuclear energy technology activities within the Office of Nuclear Energy $488,630,000 for each of fiscal years 2014 and 2015. (2) Limitation Any amounts made available pursuant to the authorization of appropriations under paragraph (1) shall not be derived from the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(c) ). (c) Energy efficiency and renewable energy There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for energy efficiency and renewable energy technology activities within the Office of Energy Efficiency and Renewable Energy— (1) $1,683,486,000 for fiscal year 2014; and (2) $1,197,631,000 for fiscal year 2015. (d) Fossil energy There are authorized to be appropriated to the Secretary for research, development, demonstration, and commercial application for fossil energy technology activities within the Office of Fossil Energy $561,931,000 for each of fiscal years 2014 and 2015. (e) ARPA–E There are authorized to be appropriated to the Secretary for the Advanced Research Projects Agency–Energy— (1) $280,000,000 for fiscal year 2014; and (2) $240,000,000 for fiscal year 2015. 292. Definitions In this title— (1) the term Department means the Department of Energy; and (2) the term Secretary means the Secretary of Energy.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4869ih/xml/BILLS-113hr4869ih.xml
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113-hr-4870
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IB 113th CONGRESS 2d Session H. R. 4870 IN THE HOUSE OF REPRESENTATIVES AN ACT Making appropriations for the Department of Defense for the fiscal year ending September 30, 2015, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2015, for military functions administered by the Department of Defense and for other purposes, namely: I Military Personnel Military Personnel, Army For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $41,183,729,000. Military Personnel, Navy For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $27,387,344,000. Military Personnel, Marine Corps For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $12,785,431,000. Military Personnel, Air Force For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $27,564,362,000. Reserve Personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 10211, 10302, and 3038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $4,304,159,000. Reserve Personnel, Navy For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,836,024,000. Reserve Personnel, Marine Corps For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $659,224,000. Reserve Personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,652,148,000. National Guard Personnel, Army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under section 10211, 10302, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $7,644,632,000. National Guard Personnel, Air Force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under section 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $3,110,587,000. II Operation and maintenance Operation and Maintenance, Army For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law, $32,671,980,000: Provided , That not to exceed $12,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes. Operation and Maintenance, Navy For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law, $39,073,543,000: Provided , That not to exceed $15,055,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes. Operation and Maintenance, Marine Corps For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $5,984,680,000. Operation and Maintenance, Air Force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, $35,024,160,000: Provided , That not to exceed $7,699,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes. Operation and Maintenance, Defense-Wide (including transfer of funds) For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $30,896,741,000 (reduced by $5,000,000) (reduced by $500,000) (reduced by $5,000,000) (reduced by $10,000,000) (reduced by $21,000,000) (increased by $21,000,000) (reduced by $3,500,000) (reduced by $2,000,000) (reduced by $10,000,000) (increased by $10,000,000) (reduced by $6,000,000) (reduced by $24,000,000) (reduced by $5,000,000) (increased by $5,000,000) (reduced by $10,000,000): Provided , That not more than $15,000,000 may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided further , That not to exceed $36,000,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further , That of the funds provided under this heading, not less than $36,262,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D) : Provided further , That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office: Provided further , That $8,881,000, to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided further , That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Operation and Maintenance, Army Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $2,535,606,000. Operation and Maintenance, Navy Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $1,011,827,000. Operation and Maintenance, Marine Corps Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $270,485,000. Operation and Maintenance, Air Force Reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $2,989,214,000. Operation and Maintenance, Army National Guard For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft), $6,116,307,000 (increased by $5,000,000). Operation and Maintenance, Air National Guard For expenses of training, organizing, and administering the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; transportation of things, hire of passenger motor vehicles; supplying and equipping the Air National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $6,393,919,000. United States Court of Appeals for the Armed Forces For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $13,723,000, of which not to exceed $5,000 may be used for official representation purposes. Environmental Restoration, Army (including transfer of funds) For the Department of the Army, $201,560,000, to remain available until transferred: Provided , That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Army, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental Restoration, Navy (including transfer of funds) For the Department of the Navy, $277,294,000, to remain available until transferred: Provided , That the Secretary of the Navy shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental Restoration, Air Force (including transfer of funds) For the Department of the Air Force, $408,716,000 (reduced by $37,000,000), to remain available until transferred: Provided , That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Air Force, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental Restoration, Defense-Wide (including transfer of funds) For the Department of Defense, $8,547,000, to remain available until transferred: Provided , That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of Defense, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental Restoration, Formerly Used Defense Sites (including transfer of funds) For the Department of the Army, $233,353,000, to remain available until transferred: Provided , That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Overseas Humanitarian, Disaster, and Civic Aid For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $103,000,000 to remain available until September 30, 2016. Cooperative Threat Reduction Account For assistance to the republics of the former Soviet Union and, with appropriate authorization by the Department of Defense and Department of State, to countries outside of the former Soviet Union, including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical and other weapons; for establishing programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons components and weapons technology and expertise, and for defense and military contacts, $365,108,000, to remain available until September 30, 2017. Department of Defense Acquisition Workforce Development Fund For the Department of Defense Acquisition Workforce Development Fund, $51,875,000. III Procurement Aircraft Procurement, Army For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $5,295,957,000, to remain available for obligation until September 30, 2017. Missile Procurement, Army For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,217,483,000, to remain available for obligation until September 30, 2017. Procurement of Weapons and Tracked Combat Vehicles, Army For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,703,736,000, to remain available for obligation until September 30, 2017. Procurement of Ammunition, Army For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,011,477,000, to remain available for obligation until September 30, 2017. Other Procurement, Army For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $4,812,234,000, to remain available for obligation until September 30, 2017. Aircraft Procurement, Navy For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $14,054,523,000, to remain available for obligation until September 30, 2017. Weapons Procurement, Navy For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $3,111,931,000, to remain available for obligation until September 30, 2017. Procurement of Ammunition, Navy and Marine Corps For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $629,372,000, to remain available for obligation until September 30, 2017. Shipbuilding and conversion, navy For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: Carrier Replacement Program, $1,289,425,000; Virginia Class Submarine, $3,507,175,000; Virginia Class Submarine (AP), $2,301,825,000; CVN Refueling Overhauls (AP), $491,100,000; DDG–1000 Program, $419,532,000; DDG–51 Destroyer, $2,655,785,000; DDG–51 Destroyer (AP), $134,039,000; Littoral Combat Ship, $951,366,000; LPD–17 Amphibious Transport Dock, $12,565,000; LHA replacement (AP), $29,093,000; Moored Training Ship, $737,268,000; Moored Training Ship (AP), $64,388,000; LCAC Service Life Extension Program, $40,485,000; Outfitting, post delivery, conversions, and first destination transportation, $491,797,000; and Ship to Shore Connector, $123,233,000; For completion of Prior Year Shipbuilding Programs, $1,007,285,000. In all: $14,256,361,000, to remain available for obligation until September 30, 2019: Provided , That additional obligations may be incurred after September 30, 2019, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further , That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further , That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards. Other Procurement, Navy For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $5,923,379,000, to remain available for obligation until September 30, 2017. Procurement, Marine Corps For expenses necessary for the procurement, manufacture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $927,232,000, to remain available for obligation until September 30, 2017. Aircraft Procurement, Air Force For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $12,046,941,000, to remain available for obligation until September 30, 2017. Missile Procurement, Air Force For construction, procurement, and modification of missiles, spacecraft, rockets, and related equipment, including spare parts and accessories therefor, ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $4,546,211,000, to remain available for obligation until September 30, 2017. Procurement of Ammunition, Air Force For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $648,200,000, to remain available for obligation until September 30, 2017. Other Procurement, Air Force For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $16,633,023,000 (increased by $6,000,000), to remain available for obligation until September 30, 2017. Procurement, Defense-Wide For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $4,358,121,000 (reduced by $5,000,000), to remain available for obligation until September 30, 2017. Defense Production Act Purchases For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2078 , 2091, 2092, and 2093), $51,638,000, to remain available until expended. IV Research, Development, Test and Evaluation Research, Development, Test and Evaluation, Army For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $6,720,000,000, to remain available for obligation until September 30, 2016. Research, Development, Test and Evaluation, Navy For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $15,877,770,000, to remain available for obligation until September 30, 2016: Provided , That funds appropriated in this paragraph which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces. Research, Development, Test and Evaluation, Air Force For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $23,438,982,000 (reduced by $10,000,000) (increased by $10,000,000), to remain available for obligation until September 30, 2016. Research, Development, Test and Evaluation, Defense-Wide (including transfer of funds) For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $17,077,900,000 (reduced by $10,000,000), to remain available for obligation until September 30, 2016: Provided , That of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program shall only be available for expenses, not otherwise provided for, to include program management and oversight, to conduct research, development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to full-scale production: Provided further , That the Secretary of Defense may transfer funds provided herein for the Defense Rapid Innovation Program to appropriations for research, development, test and evaluation to accomplish the purpose provided herein: Provided further , That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of Defense shall, not fewer than 30 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer. Operational Test and Evaluation, Defense For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $248,238,000, to remain available for obligation until September 30, 2016. V Revolving and management funds Defense Working Capital Funds For the Defense Working Capital Funds, $1,334,468,000. VI other department of defense programs Defense Health Program For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law, $31,634,870,000 (increased by $5,000,000) (increased by $500,000) (increased by $10,000,000) (increased by $3,000,000) (increased by $2,000,000) (increased by $10,000,000) (increased by $10,000,000) (increased by $5,000,000) (increased by $10,000,000) (reduced by $1,000,000) (increased by $1,000,000) (reduced by $30,000,000) (increased by $30,000,000); of which $30,080,563,000 (increased by $3,000,000) (increased by $10,000,000) shall be for operation and maintenance, of which not to exceed one percent shall remain available for obligation until September 30, 2016, and of which up to $14,582,044,000 may be available for contracts entered into under the TRICARE program; of which $308,413,000, to remain available for obligation until September 30, 2017, shall be for procurement; and of which $1,245,894,000 (increased by $5,000,000) (increased by $500,000) (increased by $10,000,000) (increased by $2,000,000) (increased by $10,000,000) (increased by $5,000,000) (increased by $10,000,000) (reduced by $1,000,000) (increased by $1,000,000) (reduced by $30,000,000) (increased by $30,000,000), to remain available for obligation until September 30, 2016, shall be for research, development, test and evaluation: Provided , That, notwithstanding any other provision of law, of the amount made available under this heading for research, development, test and evaluation, not less than $8,000,000 shall be available for HIV prevention educational activities undertaken in connection with United States military training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further , That of the funds provided under this heading for operation and maintenance, procurement, and research, development, test and evaluation for the Interagency Program Office, the Defense Healthcare Management Systems Modernization (DHMSM) program, and the Defense Medical Information Exchange, not more than 25 percent may be obligated until the Secretary of Defense submits to the Committees on Appropriations of the House of Representatives and the Senate, and such Committees approve, a plan for expenditure that describes: (1) the status of the final request for proposal for DHMSM and how the program office used comments received from industry from draft requests for proposal to refine the final request for proposal; (2) any changes to the deployment timeline, including benchmarks, for full operating capability; (3) any refinements to the cost estimate for full operating capability and the total life cycle cost of the project; (4) an assurance that the acquisition strategy will comply with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; (5) the status of the effort to achieve interoperability between the electronic health record systems of the Department of Defense and the Department of Veterans Affairs, including the scope, cost, schedule, mapping to health data standards, and performance benchmarks of the interoperable record; and (6) the progress toward developing, implementing, and fielding the interoperable electronic health record throughout the two Departments’ medical facilities. Chemical Agents and Munitions Destruction, Defense For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, $828,868,000, of which $222,728,000 shall be for operation and maintenance, of which no less than $52,102,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $21,016,000 for activities on military installations and $31,086,000, to remain available until September 30, 2016, to assist State and local governments; $10,227,000 shall be for procurement, to remain available until September 30, 2017, of which $3,225,000 shall be for the Chemical Stockpile Emergency Preparedness Program to assist State and local governments; and $595,913,000, to remain available until September 30, 2016, shall be for research, development, test and evaluation, of which $575,808,000 shall only be for the Assembled Chemical Weapons Alternatives program. Drug Interdiction and Counter-Drug Activities, Defense (including transfer of funds) For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $944,687,000, of which $669,631,000 shall be for counter-narcotics support; $105,591,000 shall be for the drug demand reduction program; and $169,465,000 shall be for the National Guard counter-drug program: Provided , That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further , That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act. Joint Improvised Explosive Device Defeat Fund (including transfer of funds) For the Joint Improvised Explosive Device Defeat Fund , $65,464,000, to remain available until September 30, 2017: Provided , That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist United States forces in the defeat of improvised explosive devices: Provided further , That the Secretary of Defense may transfer funds provided herein to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein: Provided further , That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of Defense shall, not fewer than 15 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer. Office of the Inspector General For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $311,830,000, of which $310,830,000 shall be for operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended on the approval or authority of the Inspector General, and payments may be made on the Inspector General's certificate of necessity for confidential military purposes; and of which $1,000,000, to remain available until September 30, 2017, shall be for procurement. support for international sporting competitions For logistical and security support for international sporting competitions (including pay and non-travel related allowances only for members of the Reserve Components of the Armed Forces of the United States called or ordered to active duty in connection with providing such support), $10,000,000, to remain available until expended. VII Related agencies Central Intelligence Agency Retirement and Disability System Fund For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000. Intelligence Community Management Account For necessary expenses of the Intelligence Community Management Account, $501,194,000 (reduced by $2,000,000) (increased by $2,000,000). VIII General Provisions 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided , That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further , That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further , That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein. 8004. No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided , That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps. (transfer of funds) 8005. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $5,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided , That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further , That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further , That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further , That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2015: Provided further , That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section. 8006. (a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Explanation of Project Level Adjustments in the explanatory statement regarding this Act, the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed or are less than the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act. (b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for purposes of section 8005 of this Act: Provided , That section 8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts. 8007. (a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2015: Provided , That the report shall include— (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and (3) an identification of items of special congressional interest. (b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement. (transfer of funds) 8008. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided , That transfers may be made between such funds: Provided further , That transfers may be made between working capital funds and the Foreign Currency Fluctuations, Defense appropriation and the Operation and Maintenance appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. 8009. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees. 8010. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: Provided , That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government's liability: Provided further , That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further , That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further , That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided further , That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract— (1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the contract for which procurement funds are requested in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full funding of procurement of such unit in that fiscal year; (2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; (3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and (4) the contract does not provide for a price adjustment based on a failure to award a follow-on contract. 8011. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of chapter 20 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code: Provided , That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239 : Provided further , That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam. 8012. (a) During fiscal year 2015, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year. (b) The fiscal year 2016 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2016 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to fiscal year 2016. (c) As required by section 1107 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 10 U.S.C. 2358 note) civilian personnel at the Department of Army Science and Technology Reinvention Laboratories may not be managed on the basis of the Table of Distribution and Allowances, and the management of the workforce strength shall be done in a manner consistent with the budget available with respect to such Laboratories. (d) Nothing in this section shall be construed to apply to military (civilian) technicians. 8013. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. 8014. None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of Veterans Affairs from the Department of Defense Education Benefits Fund when time spent as a full-time student is credited toward completion of a service commitment: Provided , That this section shall not apply to those members who have reenlisted with this option prior to October 1, 1987: Provided further , That this section applies only to active components of the Army. (transfer of funds) 8015. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 ; 10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. 8016. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States: Provided , That for the purpose of this section, the term manufactured shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): Provided further , That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further , That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire capability for national security purposes. 8017. None of the funds available to the Department of Defense in the current fiscal year or any fiscal year hereafter may be used to demilitarize or dispose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use. 8018. No more than $500,000 of the funds appropriated or made available in this Act shall be used during a single fiscal year for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region: Provided , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government. 8019. Of the funds made available in this Act, $15,000,000 shall be available for incentive payments authorized by section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ): Provided , That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making appropriations for the Department of Defense with respect to any fiscal year: Provided further , That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code. 8020. Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities. 8021. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided , That upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations. 8022. (a) Of the funds made available in this Act, not less than $39,500,000 shall be available for the Civil Air Patrol Corporation, of which— (1) $27,400,000 shall be available from Operation and Maintenance, Air Force to support Civil Air Patrol Corporation operation and maintenance, readiness, counter-drug activities, and drug demand reduction activities involving youth programs; (2) $10,400,000 shall be available from Aircraft Procurement, Air Force ; and (3) $1,700,000 shall be available from Other Procurement, Air Force for vehicle procurement. (b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies. 8023. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities. (b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided , That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties. (c) Notwithstanding any other provision of law, none of the funds available to the department from any source during fiscal year 2015 may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development. (d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2015, not more than 5,750 staff years of technical effort (staff years) may be funded for defense FFRDCs: Provided , That of the specific amount referred to previously in this subsection, not more than 1,125 staff years may be funded for the defense studies and analysis FFRDCs: Provided further , That this subsection shall not apply to staff years funded in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP). (e) The Secretary of Defense shall, with the submission of the department's fiscal year 2016 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year and the associated budget estimates. (f) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by $40,000,000. 8024. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided , That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further , That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further , That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act. 8025. For the purposes of this Act, the term congressional defense committees means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. 8026. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided , That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further , That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section. 8027. (a) (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country. (b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2015. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 ( 19 U.S.C. 2501 et seq. ), or any international agreement to which the United States is a party. (c) For purposes of this section, the term Buy American Act means chapter 83 of title 41, United States Code. 8028. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account established by section 2921(c)(1) of the National Defense Authorization Act of 1991 ( Public Law 101–510 ; 10 U.S.C. 2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act. 8029. (a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force. (b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary. (c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b). (d) In this section, the term Indian tribe means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 ( Public Law 103–454 ; 108 Stat. 4792; 25 U.S.C. 479a–1 ). 8030. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $250,000. 8031. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. (b) The fiscal year 2016 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2016 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2016 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds. 8032. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2016: Provided , That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended: Provided further , That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947 ( 50 U.S.C. 3093 ) shall remain available until September 30, 2016. 8033. Notwithstanding any other provision of law, funds made available in this Act for the Defense Intelligence Agency may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands. 8034. Of the funds appropriated to the Department of Defense under the heading Operation and Maintenance, Defense-Wide , not less than $12,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities. 8035. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term Buy American Act means chapter 83 of title 41, United States Code. (b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a Made in America inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense. (c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality competitive, and available in a timely fashion. 8036. None of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement determines— (1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work; (2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or (3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support: Provided , That this limitation shall not apply to contracts in an amount of less than $25,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. 8037. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used— (1) to establish a field operating agency; or (2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of that headquarters. (b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. (c) This section does not apply to— (1) field operating agencies funded within the National Intelligence Program; (2) an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army, other similar threats; (3) an Army field operating agency established to improve the effectiveness and efficiencies of biometric activities and to integrate common biometric technologies throughout the Department of Defense; or (4) an Air Force field operating agency established to administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized Federal entities. 8038. (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless— (1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function; (2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of— (A) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or (B) $10,000,000; and (3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by— (A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or (B) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code. (b) (1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that— (A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act ( section 8503 of title 41, United States Code); (B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or (C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act ( 15 U.S.C. 637(a)(15) ). (2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code. (c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activities. (rescissions) 8039. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Aircraft Procurement, Army , 2013/2015, $27,000,000; Weapons and Tracked Combat Vehicles, Army , 2013/2015, $5,000,000; Other Procurement, Army , 2013/2015, $30,000,000; Aircraft Procurement, Navy , 2013/2015, $47,200,000; Weapons Procurement, Navy , 2013/2015, $27,000,000; Aircraft Procurement, Air Force , 2013/2015, $71,100,000; Missile Procurement, Air Force , 2013/2015, $13,800,000; Other Procurement, Army , 2014/2016, $200,000,000; Aircraft Procurement, Navy , 2014/2016, $171,622,000; Weapons Procurement, Navy , 2014/2016, $91,436,000; Other Procurement, Navy , 2014/2016, $1,505,000; Aircraft Procurement, Air Force , 2014/2016, $47,400,000; Missile Procurement, Air Force , 2014/2016, $121,185,000; Research, Development, Test and Evaluation, Army , 2014/2015, $5,000,000; and Research, Development, Test and Evaluation, Navy , 2014/2015, $105,400,000: Provided , That no amounts may be canceled from amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 8040. None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. 8041. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of Korea unless specifically appropriated for that purpose. 8042. Funds appropriated in this Act for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provided , That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures. 8043. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided , That the Service Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and capitation-based budgeting. 8044. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. (b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. 8045. None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided , That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further , That this restriction shall not apply to the purchase of commercial items , as defined by section 4(12) of the Office of Federal Procurement Policy Act, except that the restriction shall apply to ball or roller bearings purchased as end items. 8046. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers. 8047. None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of the Department of Defense who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress: Provided , That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 8048. (a) Notwithstanding any other provision of law, none of the funds available to the Department of Defense for the current fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services (other than intelligence services) for use in the activities described in subsection (b) unless the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer. (b) This section applies to— (1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the United Nations Charter under the authority of a United Nations Security Council resolution; and (2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation. (c) A notice under subsection (a) shall include the following: (1) A description of the equipment, supplies, or services to be transferred. (2) A statement of the value of the equipment, supplies, or services to be transferred. (3) In the case of a proposed transfer of equipment or supplies— (A) a statement of whether the inventory requirements of all elements of the Armed Forces (including the reserve components) for the type of equipment or supplies to be transferred have been met; and (B) a statement of whether the items proposed to be transferred will have to be replaced and, if so, how the President proposes to provide funds for such replacement. 8049. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when— (1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and (2) such bonus is part of restructuring costs associated with a business combination. (including transfer of funds) 8050. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading Operation and Maintenance, Defense-Wide may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code. 8051. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if— (1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account; (2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and (3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101–510 , as amended ( 31 U.S.C. 1551 note): Provided , That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided further , That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account. 8052. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. (b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. 8053. Using funds made available by this Act or any other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany: Provided , That in the City of Kaiserslautern and at the Rhine Ordnance Barracks area, such agreements will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further , That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy source. 8054. None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory requirements: Provided , That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further , That this restriction does not apply to programs funded within the National Intelligence Program: Provided further , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 8055. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country. (b) Subsection (a) applies with respect to— (1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a). (c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of the Harmonized Tariff Schedule and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 8056. (a) In general (1) None of the funds made available by this Act may be used for any training, equipment, or other assistance for the members of a unit of a foreign security force if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights. (2) The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to provide any training, equipment, or other assistance to a unit of a foreign security force full consideration is given to any credible information available to the Department of State relating to human rights violations by such unit. (b) Exception The prohibition in subsection (a)(1) shall not apply if the Secretary of Defense, after consultation with the Secretary of State, determines that the government of such country has taken all necessary corrective steps, or if the equipment or other assistance is necessary to assist in disaster relief operations or other humanitarian or national security emergencies. (c) Waiver The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a)(1) if the Secretary of Defense determines that such waiver is required by extraordinary circumstances. (d) Procedures The Secretary of Defense shall establish, and periodically update, procedures to ensure that any information in the possession of the Department of Defense about gross violations of human rights by units of foreign security forces is shared on a timely basis with the Department of State. (e) Report Not more than 15 days after the application of any exception under subsection (b) or the exercise of any waiver under subsection (c), the Secretary of Defense shall submit to the appropriate congressional committees a report— (1) in the case of an exception under subsection (b), providing notice of the use of the exception and stating the grounds for the exception; and (2) in the case of a waiver under subsection (c), describing the information relating to the gross violation of human rights; the extraordinary or other circumstances that necessitate the waiver; the purpose and duration of the training, equipment, or other assistance; and the United States forces and the foreign security force unit involved. (f) Definition For purposes of this section the term appropriate congressional committees means the congressional defense committees and the Committees on Appropriations. 8057. None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. 8058. Notwithstanding any other provision of law, funds appropriated in this Act under the heading Research, Development, Test and Evaluation, Defense-Wide for any new start advanced concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so. 8059. The Secretary of Defense shall provide a classified quarterly report beginning 30 days after enactment of this Act, to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act. 8060. During the current fiscal year, none of the funds available to the Department of Defense may be used to provide support to another department or agency of the United States if such department or agency is more than 90 days in arrears in making payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable basis: Provided , That this restriction shall not apply if the department is authorized by law to provide support to such department or agency on a nonreimbursable basis, and is providing the requested support pursuant to such authority: Provided further , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 8061. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System. 8062. None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of armor penetrator , armor piercing (AP) , armor piercing incendiary (API) , or armor-piercing incendiary tracer (API-T) , except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State. 8063. Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or his designee, may waive payment of all or part of the consideration that otherwise would be required under section 2667 of title 10, United States Code, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis. 8064. None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided , That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further , That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further , That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered. (including transfer of funds) 8065. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Army , $106,189,900 shall remain available until expended: Provided , That notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government: Provided further , That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section: Provided further , That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary: Provided further , That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense. 8066. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under subsection 101(b) of Public Law 104–208 ; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect to apply to disbursements that are made by the Department of Defense in fiscal year 2015. (including transfer of funds) 8067. During the current fiscal year, not to exceed $200,000,000 from funds available under Operation and Maintenance, Defense-Wide may be transferred to the Department of State Global Security Contingency Fund : Provided , That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of Defense shall, not fewer than 30 days prior to making transfers to the Department of State Global Security Contingency Fund , notify the congressional defense committees in writing with the source of funds and a detailed justification, execution plan, and timeline for each proposed project. 8068. In addition to amounts provided elsewhere in this Act, $4,000,000 (increased by $16,000,000) is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided , That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary. (including transfer of funds) 8069. Of the amounts appropriated in this Act under the headings Procurement, Defense-Wide and Research, Development, Test and Evaluation, Defense-Wide , $619,814,000 shall be for the Israeli Cooperative Programs: Provided , That of this amount, $350,972,000 shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats; $137,934,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program; $74,707,000 shall be for an upper-tier component to the Israeli Missile Defense Architecture; and $56,201,000 shall be for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite: Provided further , That funds made available under this provision for production of missiles and missile components may be transferred to appropriations available for the procurement of weapons and equipment, to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred: Provided further , That the transfer authority provided under this provision is in addition to any other transfer authority contained in this Act. 8070. None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific fleet: Provided , That the command and control relationships which existed on October 1, 2004, shall remain in force unless changes are specifically authorized in a subsequent Act: Provided further , That this section does not apply to administrative control of Navy Air and Missile Defense Command. (including transfer of funds) 8071. Of the amounts appropriated in this Act under the heading Shipbuilding and Conversion, Navy , $1,007,285,000 shall be available until September 30, 2015, to fund prior year shipbuilding cost increases: Provided , That upon enactment of this Act, the Secretary of the Navy shall transfer funds to the following appropriations in the amounts specified: Provided further , That the amounts transferred shall be merged with and be available for the same purposes as the appropriations to which transferred to: (1) Under the heading Shipbuilding and Conversion, Navy , 2008/2015: Carrier Replacement Program $663,000,000; (2) Under the heading Shipbuilding and Conversion, Navy , 2009/2015: LPD–17 Amphibious Transport Dock Program $54,096,000; (3) Under the heading Shipbuilding and Conversion, Navy , 2010/2015: DDG–51 Destroyer $65,771,000; (4) Under the heading Shipbuilding and Conversion, Navy , 2010/2015: Littoral Combat Ship $51,345,000; (5) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015: DDG–51 Destroyer $63,373,000; (6) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015: Littoral Combat Ship $41,700,000; (7) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2011/2015: Joint High Speed Vessel $9,340,000; (8) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2012/2015: CVN Refueling Overhauls Program $54,000,000; (9) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2012/2015: Joint High Speed Vessel $2,620,000; and (10) Under the heading ‘‘Shipbuilding and Conversion, Navy’’, 2013/2015: Joint High Speed Vessel $2,040,000. 8072. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2015 until the enactment of the Intelligence Authorization Act for Fiscal Year 2015. 8073. None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees. 8074. The budget of the President for fiscal year 2016 submitted to the Congress pursuant to section 1105 of title 31, United States Code, shall include separate budget justification documents for costs of United States Armed Forces' participation in contingency operations for the Military Personnel accounts, the Operation and Maintenance accounts, the Procurement accounts, and the Research, Development, Test and Evaluation accounts: Provided , That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further , That these documents shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop strength for each Active and Reserve component, and estimates of the major weapons systems deployed in support of each contingency: Provided further , That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal years. 8075. None of the funds in this Act may be used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system. 8076. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided , That upon the determination of the Secretary of Defense that it shall serve the national interest, the Secretary shall make grants in the amounts specified as follows: $20,000,000 to the United Service Organizations and $24,000,000 to the Red Cross. 8077. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided , That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season. 8078. None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities: Provided , That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333. 8079. (a) At the time members of reserve components of the Armed Forces are called or ordered to active duty under section 12302(a) of title 10, United States Code, each member shall be notified in writing of the expected period during which the member will be mobilized. (b) The Secretary of Defense may waive the requirements of subsection (a) in any case in which the Secretary determines that it is necessary to do so to respond to a national security emergency or to meet dire operational requirements of the Armed Forces. 8080. For purposes of section 7108 of title 41, United States Code, any subdivision of appropriations made under the heading Shipbuilding and Conversion, Navy that is not closed at the time reimbursement is made shall be available to reimburse the Judgment Fund and shall be considered for the same purposes as any subdivision under the heading Shipbuilding and Conversion, Navy appropriations in the current fiscal year or any prior fiscal year. 8081. (a) None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. (b) The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles. 8082. Up to $15,000,000 of the funds appropriated under the heading Operation and Maintenance, Navy may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces: Provided , That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further , That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. 8083. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2016. 8084. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading Shipbuilding and Conversion, Navy shall be considered to be for the same purpose as any subdivision under the heading Shipbuilding and Conversion, Navy appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation. 8085. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2015: Provided , That the report shall include— (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation by Expenditure Center and project; and (3) an identification of items of special congressional interest. 8086. None of the funds made available by this Act may be used to eliminate, restructure or realign Army Contracting Command–New Jersey or make disproportionate personnel reductions at any Army Contracting Command–New Jersey sites without 30-day prior notification to the congressional defense committees. (including transfer of funds) 8087. Of the funds appropriated in the Intelligence Community Management Account for the Program Manager for the Information Sharing Environment, $20,000,000 is available for transfer by the Director of National Intelligence to other departments and agencies for purposes of Government-wide information sharing activities: Provided , That funds transferred under this provision are to be merged with and available for the same purposes and time period as the appropriation to which transferred: Provided further , That the Office of Management and Budget must approve any transfers made under this provision. 8088. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 ( 50 U.S.C. 3024(d) ) that— (1) creates a new start effort; (2) terminates a program with appropriated funding of $10,000,000 or more; (3) transfers funding into or out of the National Intelligence Program; or (4) transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. (b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) or the National Security Act of 1947 ( 50 U.S.C. 3024(d) ) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. 8089. The Director of National Intelligence shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years intelligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. 8090. For the purposes of this Act, the term congressional intelligence committees means the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 8091. The Department of Defense shall continue to report incremental contingency operations costs for Operation Enduring Freedom on a monthly basis and any other operation designated and identified by the Secretary of Defense for the purposes of section 127a of title 10, United States Code, on a semi-annual basis in the Cost of War Execution Report as prescribed in the Department of Defense Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23 Contingency Operations , Annex 1, dated September 2005. (including transfer of funds) 8092. During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this Act for Operation and Maintenance, Army , Operation and Maintenance, Navy , and Operation and Maintenance, Air Force may be transferred by the military department concerned to its central fund established for Fisher Houses and Suites pursuant to section 2493(d) of title 10, United States Code. (including transfer of funds) 8093. Funds appropriated by this Act for operation and maintenance may be available for the purpose of making remittances and transfers to the Defense Acquisition Workforce Development Fund in accordance with section 1705 of title 10, United States Code. 8094. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 8095. (a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to— (1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or (2) take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. (b) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a covered subcontractor is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a). (c) The prohibitions in this section do not apply with respect to a contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States. (d) The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded. (including transfer of funds) 8096. From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $146,857,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84 : Provided , That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417 : Provided further , That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate. 8097. The Office of the Director of National Intelligence shall not employ more Senior Executive employees than are specified in the classified annex. 8098. None of the funds appropriated or otherwise made available by this Act may be obligated or expended to pay a retired general or flag officer to serve as a senior mentor advising the Department of Defense unless such retired officer files a Standard Form 278 (or successor form concerning public financial disclosure under part 2634 of title 5, Code of Federal Regulations) to the Office of Government Ethics. 8099. Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. 8100. Of the amounts appropriated for Operation and Maintenance, Defense-Wide the following amounts shall be available to the Secretary of Defense, for the following authorized purposes, notwithstanding any other provision of law, acting through the Office of Economic Adjustment of the Department of Defense, to make grants, conclude cooperative agreements, and supplement other Federal funds, to remain available until expended, to support critical existing and enduring military installations and missions on Guam, as well as any potential Department of Defense growth, $80,596,000 for addressing the need for civilian water and wastewater improvements: Provided , That the Secretary of Defense shall, not fewer than 15 days prior to obligating funds for the forgoing purposes, notify the congressional defense committees in writing of the details of any such obligation. 8101. None of the funds made available by this Act may be used by the Secretary of Defense to take beneficial occupancy of more than 3,000 parking spaces (other than handicap-reserved spaces) to be provided by the BRAC 133 project: Provided , That this limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the vicinity of the project have not experienced failing levels of service as defined by the Transportation Research Board Highway Capacity Manual over a consecutive 90-day period; (2) the Department of Defense and the Virginia Department of Transportation agree on the number of additional parking spaces that may be made available to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this waiver of the number of additional parking spaces to be made available. 8102. The Secretary of Defense shall report quarterly the numbers of civilian personnel end strength by appropriation account for each and every appropriation account used to finance Federal civilian personnel salaries to the congressional defense committees within 15 days after the end of each fiscal quarter. 8103. (a) None of the funds appropriated in this or any other Act may be used to take any action to modify— (1) the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriations account; (2) how the National Intelligence Program budget request is presented, organized, and managed within the Department of Defense budget; (3) how the National Intelligence Program appropriations are apportioned to the executing agencies; or (4) how the National Intelligence Program appropriations are allotted, obligated and disbursed. (b) The Director of National Intelligence and the Secretary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence. (c) Upon development of the detailed proposals defined under subsection (b), the Director of National Intelligence and the Secretary of Defense shall— (1) provide the proposed alternatives to all affected agencies; (2) receive certification from all affected agencies attesting that the proposed alternatives will help achieve auditability, improve fiscal reporting, and will not adversely affect counterintelligence; and (3) not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees. (d) This section shall not be construed to alter or affect the application of section 924 of the National Defense Authorization Act for Fiscal Year 2014 to the amounts made available by this Act. (e) The Director of National Intelligence shall carry out a merger of the Foreign Counterintelligence Program into the General Defense Intelligence Program: Provided , That such merger shall not go into effect until 30 days after the Director submits to the congressional intelligence committees a written notification of such merger. (including transfer of funds) 8104. Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $2,000,000,000 of the funds made available in this Act for the National Intelligence Program: Provided , That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further , That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2015. (including transfer of funds) 8105. There is appropriated $540,000,000 for the Ship Modernization, Operations and Sustainment Fund , to remain available until September 30, 2021: Provided , That the Secretary of the Navy shall transfer funds from the Ship Modernization, Operations and Sustainment Fund to appropriations for military personnel; operation and maintenance; research, development, test and evaluation; and procurement, only for the purposes of manning, operating, sustaining, equipping and modernizing the Ticonderoga-class guided missile cruisers CG–63, CG–64, CG–65, CG–66, CG–67, CG–68, CG–69, CG–70, CG–71, CG–72, CG–73, and the Whidbey Island-class dock landing ships LSD–41, LSD–42, and LSD–46: Provided further , That funds transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which they are transferred: Provided further , That the transfer authority provided herein shall be in addition to any other transfer authority available to the Department of Defense: Provided further , That the Secretary of the Navy shall, not less than 30 days prior to making any transfer from the Ship Modernization, Operations and Sustainment Fund , notify the congressional defense committees in writing of the details of such transfer: Provided further , That the Secretary of the Navy shall transfer and obligate funds from the Ship Modernization, Operations and Sustainment Fund for modernization of not more than two Ticonderoga-class guided missile cruisers as detailed above in fiscal year 2015: Provided further , That no more than six Ticonderoga-class guided missile cruisers shall be in a phased modernization at any time: Provided further , That the Secretary of the Navy shall contract for the required modernization equipment in the year prior to inducting a Ticonderoga-class cruiser for modernization: Provided further , That the prohibition in section 2244a(a) of title 10, United States Code, shall not apply to the use of any funds transferred pursuant to this section. 8106. Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign exchange rates, the total amount appropriated in this Act is hereby reduced by $545,100,000. 8107. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 8108. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 8109. 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 any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 8110. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 8111. None of the funds made available by this Act may be used in contravention of section 1590 or 1591 of title 18, United States Code, or in contravention of the requirements of section 106(g) or (h) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7104(g) or (h)). 8112. None of the funds made available by this Act for excess defense articles, assistance under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 119 Stat. 3456), or peacekeeping operations for the countries designated in 2013 to be in violation of the standards of the Child Soldiers Prevention Act of 2008 may be used to support any military training or operation that includes child soldiers, as defined by the Child Soldiers Prevention Act of 2008 ( Public Law 110–457 ; 22 U.S.C. 2370c–1 ), unless such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008. 8113. None of the funds made available by this Act may be used in contravention of the War Powers Resolution ( 50 U.S.C. 1541 et seq. ). 8114. None of the funds made available by this Act may be used by the Department of Defense or any other Federal agency to lease or purchase new light duty vehicles, for any executive fleet, or for an agency's fleet inventory, except in accordance with Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011. 8115. None of the funds made available by this Act may be used to enter into a contract with any person or other entity listed in the Excluded Parties List System (EPLS)/System for Award Management (SAM) as having been convicted of fraud against the Federal Government. 8116. (a) None of the funds made available by this Act may be used to enter into a contract (or subcontract at any tier under such a contract), memorandum of understanding, or cooperative agreement with, to make a grant to, or to provide a loan or loan guarantee to Rosoboronexport. (b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intelligence, certifies in writing to the congressional defense committees, to the best of the Secretary’s knowledge, the following: (1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic. (2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine. (3) The Government of the Russian Federation has withdrawn substantially all of the armed forces of the Russian Federation from the immediate vicinity of the eastern border of Ukraine. (4) Agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine. (c) (1) The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport with respect to which a waiver is issued by the Secretary of Defense pursuant to subsection (b). (2) A review conducted under paragraph (1) shall assess the accuracy of the factual and legal conclusions made by the Secretary of Defense in the waiver covered by the review, including— (A) whether there is any viable alternative to Rosoboronexport for carrying out the functions for which funds will be obligated; (B) whether the Secretary has previously used an alternative vendor for carrying out the same functions regarding the military equipment in question, and what vendor was previously used; (C) whether other explanations for the issuance of the waiver are supportable; and (D) any other matter with respect to the waiver the Inspector General considers appropriate. (3) Not later than 90 days after the date on which a waiver is issued by the Secretary of Defense pursuant to subsection (b), the Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted under paragraph (1) with respect to such waiver. 8117. None of the funds made available in this Act may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 2533a(b) of title 10, United States Code. (including transfer of funds) 8118. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide , up to $5,709,000 shall be available for transfer to the Army, Navy, Marine Corps, and Air Force, including Reserve and National Guard, to support high priority Sexual Assault Prevention and Response Program requirements and activities, including the training and funding of personnel: Provided , That funds transferred under this provision are to be merged with and available for the same purposes and time period as the appropriation to which transferred: Provided further , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. 8119. None of the funds appropriated in this, or any other Act, may be obligated or expended by the United States Government for the direct personal benefit of the President of Afghanistan. 8120. (a) Of the funds appropriated in this Act for the Department of Defense, amounts may be made available, under such regulations as the Secretary may prescribe, to local military commanders appointed by the Secretary of Defense, or by an officer or employee designated by the Secretary, to provide at their discretion ex gratia payments in amounts consistent with subsection (d) of this section for damage, personal injury, or death that is incident to combat operations of the Armed Forces in a foreign country. (b) An ex gratia payment under this section may be provided only if— (1) the prospective foreign civilian recipient is determined by the local military commander to be friendly to the United States; (2) a claim for damages would not be compensable under chapter 163 of title 10, United States Code (commonly known as the Foreign Claims Act ); and (3) the property damage, personal injury, or death was not caused by action by an enemy. (c) Nature of Payments Any payments provided under a program under subsection (a) shall not be considered an admission or acknowledgement of any legal obligation to compensate for any damage, personal injury, or death. (d) Amount of Payments If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided to civilians determined to have suffered harm incident to combat operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and based on an assessment, which should include such factors as cultural appropriateness and prevailing economic conditions. (e) Legal Advice Local military commanders shall receive legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department of Defense, shall advise on whether an ex gratia payment is proper under this section and applicable Department of Defense regulations. (f) Written Record A written record of any ex gratia payment offered or denied shall be kept by the local commander and on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense. (g) Report The Secretary of Defense shall report to the congressional defense committees on an annual basis the efficacy of the ex gratia payment program including the number of types of cases considered, amounts offered, the response from ex gratia payment recipients, and any recommended modifications to the program. (h) Limitation Nothing in this section shall be deemed to provide any new authority to the Secretary of Defense. 8121. None of the funds available to the Department of Defense shall be used to conduct any environmental impact study, environmental assessment, or other environmental study related to Minuteman III silos that contain a missile as of the date of the enactment of this Act. 8122. None of the funds made available by this Act may be used to cancel the avionics modernization program of record for C–130 aircraft. 8123. None of the funds made available by this Act may be used by the Secretary of the Air Force to reduce the force structure at Lajes Field, Azores, Portugal, below the force structure at such Air Force Base as of October 1, 2013, except in accordance with section 1048 of the National Defense Authorization Act for Fiscal Year 2015. 8124. None of the Operation and Maintenance funds made available in this Act may be used in contravention of section 41106 of title 49, United States Code. 8125. None of the funds made available by this Act may be used to fund the performance of a flight demonstration team at a location outside of the United States: Provided , That this prohibition applies only if a performance of a flight demonstration team at a location within the United States was canceled during the current fiscal year due to insufficient funding. 8126. None of the funds appropriated or otherwise made available by this Act or any other Act may be used by the Department of Defense or a component thereof in contravention of section 1246(c) of the National Defense Authorization Act for Fiscal Year 2014, relating to limitations on providing certain missile defense information to the Russian Federation. 8127. None of the funds made available by this Act may be used by the National Security Agency to— (1) conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or (2) acquire, monitor, or store the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication of a United States person from a provider of electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978. (including transfer of funds) 8128. From amounts appropriated in this Act for Operation and Maintenance, Navy , up to $291,000,000 may be transferred to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation, to be merged with, and to be available for the same purposes and the same time period as such account, for expenses related to the National Defense Reserve Fleet established under section 11 of the Merchant Ship Sales Act of 1946 ( 50 U.S.C. App. 1744 ): Provided , That the transfer authority provided under this provision is in addition to any other transfer authority provided elsewhere in this Act. (including transfer of funds) 8129. Of the amounts appropriated for Operation and Maintenance, Navy , up to $1,000,000 shall be available for transfer to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act ( 2 U.S.C. 1105 ). (including transfer of funds) 8130. In addition to amounts provided elsewhere in this Act for pay for military personnel, including active duty, reserve and National Guard personnel, $533,500,000 is hereby appropriated to the Department of Defense and made available for transfer only to military personnel accounts: Provided , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. (including transfer of funds) 8131. In addition to amounts provided elsewhere in this Act for basic allowance for housing for military personnel, including active duty, reserve and National Guard personnel, $244,700,000 is hereby appropriated to the Department of Defense and made available for transfer only to military personnel accounts : Provided , That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. 8132. None of the funds made available by this Act may be used to reduce, convert, decommission, or otherwise move to nondeployed status (except warm status), or prepare to reduce, convert, decommission, or otherwise move to nondeployed status (except warm status), any Minuteman III ballistic missile silo that contains a deployed missile as of the date of the enactment of this Act: Provided , That “warm status” means a status that enables any such silo to remain a fully functioning element of the interconnected and redundant command and control system of a missile field and be made fully operational with a deployed missile. 8133. None of the funds made available by this Act may be obligated or expended to divest E–3 airborne warning and control system aircraft, or disestablish any units of the active or reserve component associated with such aircraft: Provided , That not later than 90 days following the date of enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report providing a detailed explanation of how the Secretary will meet the priority requirements of the commanders of the combatant commands related to airborne warning and control with a fleet of fewer than 31 E–3 aircraft. 8134. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. (including transfer of funds) 8135. In addition to amounts provided elsewhere in this Act, there is appropriated $139,000,000, for an additional amount for Operation and Maintenance, Defense-Wide , to remain available until expended: Provided , That such funds shall only be available to the Secretary of Defense, acting through the Office of Economic Adjustment of the Department of Defense, or for transfer to the Secretary of Education, notwithstanding any other provision of law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools: Provided further , That in making such funds available, the Office of Economic Adjustment or the Secretary of Education shall give priority consideration to those military installations with schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense: Provided further , That funds may not be made available for a school unless its enrollment of Department of Defense-connected children is greater than 50 percent. 8136. None of the funds made available by this Act may be used to transfer AH–64 Attack helicopters from the Army National Guard to the active Army: Provided, That this section shall continue in effect through the date of enactment of the National Defense Authorization Act for Fiscal Year 2015. (including transfer of funds) 8137. In addition to amounts appropriated in title II or otherwise made available elsewhere in this Act, $1,000,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the operation and maintenance accounts of the Army, Navy, Marine Corps, and Air Force (including National Guard and reserve) for purposes of improving military readiness: Provided , That the transfer authority provided under this provision is in addition to any other transfer authority provided elsewhere in this Act. 8138. Of the amounts made available under the heading Operation and Maintenance, Defense-Wide in title II and Operation and Maintenance in title IX of this Act, not to exceed $50,000,000 may be obligated for activities authorized under section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 112–81 ; 125 Stat. 1621): Provided , That none of the funds made available in this Act may be used under such section 1208 to initiate support for, or expand support to, foreign forces, irregular forces, groups, or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified annex accompanying this Act, not less than 15 days before initiating such support: Provided further, That, none of the funds made available in this Act may be used under such section 1208 for any activity that is not in support of an ongoing military operation being conducted by United States Special Operations Forces to combat terrorism: Provided further , That the Secretary of Defense may waive the prohibitions in the preceding provisos if the Secretary determines that such waiver is required by extraordinary circumstances and, by not later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver. 8139. None of the funds appropriated or otherwise made available by this Act or any other Act may be used in contravention of section 1035 of the National Defense Authorization Act for Fiscal Year 2014. 8140. None of the funds made available by this Act may be used to implement the changes to hair standards and grooming policies for female members of the Armed Forces, as contained in paragraph 3–2 of Army Regulation 670–1, issued on March 31, 2014. IX overseas deployments and other activities military personnel For an additional amount for Military Personnel , $5,100,000,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. operation and maintenance For an additional amount for Operation and Maintenance , $58,675,000,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. procurement For an additional amount for Procurement , $12,220,000,000, to remain available until September 30, 2017: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. national guard and reserve equipment For procurement of aircraft, missiles, tracked combat vehicles, ammunition, other weapons, and other procurement for the reserve components of the Armed Forces, $2,000,000,000, to remain available for obligation until September 30, 2017: Provided , That the Chiefs of the National Guard and Reserve components shall, not later than 30 days after the enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective National Guard or Reserve component: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. other appropriations (including transfer of funds) For an additional amount for Other Appropriations , $1,450,000,000: Provided , That Other Appropriations means the Defense Health Program, Drug Interdiction and Counter-Drug Activities, Joint Improvised Explosive Device Defeat Fund, Office of the Inspector General, and Defense Working Capital Funds: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISIONS—THIS TITLE 9001. Notwithstanding any other provision of law, funds made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense for fiscal year 2015. (including transfer of funds) 9002. Upon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Office of Management and Budget, transfer up to $4,000,000,000 between the appropriations or funds made available to the Department of Defense in this title: Provided , That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided further , That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions as the authority provided in the Department of Defense Appropriations Act, 2015. 9003. Supervision and administration costs and costs for design during construction associated with a construction project funded with appropriations available for operation and maintenance, Afghanistan Infrastructure Fund , or the Afghanistan Security Forces Fund provided in this Act and executed in direct support of overseas contingency operations in Afghanistan, may be obligated at the time a construction contract is awarded: Provided , That for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the U.S. Central Command area of responsibility: (a) passenger motor vehicles up to a limit of $75,000 per vehicle; and (b) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. 9005. Not to exceed $15,000,000 of the amount appropriated in this title under the heading Operation and Maintenance may be used, notwithstanding any other provision of law, to fund the Commander's Emergency Response Program (CERP), for the purpose of enabling military commanders in Afghanistan to respond to urgent, small-scale, humanitarian relief and reconstruction requirements within their areas of responsibility: Provided , That each project (including any ancillary or related elements in connection with such project) executed under this authority shall not exceed $10,000,000: Provided further , That not later than 45 days after the end of each fiscal year quarter, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein: Provided further , That, not later than 30 days after the end of each month, the Army shall submit to the congressional defense committees monthly commitment, obligation, and expenditure data for the Commander's Emergency Response Program in Afghanistan: Provided further , That not less than 15 days before making funds available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein for a project with a total anticipated cost for completion of $5,000,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing each of the following: (1) The location, nature and purpose of the proposed project, including how the project is intended to advance the military campaign plan for the country in which it is to be carried out. (2) The budget, implementation timeline with milestones, and completion date for the proposed project, including any other CERP funding that has been or is anticipated to be contributed to the completion of the project. (3) A plan for the sustainment of the proposed project, including the agreement with either the host nation, a non-Department of Defense agency of the United States Government or a third-party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be provided through the proposed project. 9006. Funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition forces supporting military and stability operations in Afghanistan: Provided , That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section. 9007. None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows: (1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq. (2) To exercise United States control over any oil resource of Iraq. (3) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan. 9008. None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984): (1) Section 2340A of title 18, United States Code. (2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277 ; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations. (3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 ( Public Law 109–148 ). 9009. None of the funds provided for the Afghanistan Security Forces Fund (ASFF) may be obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council (AROC) of the Department of Defense: Provided , That the AROC must approve the requirement and acquisition plan for any service requirements in excess of $50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further , That the AROC must approve all projects and the execution plan under the Afghanistan Infrastructure Fund (AIF) and any project in excess of $5,000,000 from the Commander's Emergency Response Program (CERP): Provided further , That the Department of Defense must certify to the congressional defense committees that the AROC has convened and approved a process for ensuring compliance with the requirements in the preceding provisos and accompanying report language for the ASFF, AIF, and CERP. 9010. Funds made available in this title to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost of not more than $250,000: Provided , That, upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000. 9011. From funds made available to the Department of Defense in this title under the heading Operation and Maintenance up to $150,000,000 may be used by the Secretary of Defense, notwithstanding any other provision of law, to support United States Government transition activities in Iraq by funding the operations and activities of the Office of Security Cooperation in Iraq and security assistance teams, including life support, transportation and personal security, and facilities renovation and construction, and site closeout activities prior to returning sites to the Government of Iraq: Provided , That to the extent authorized under the National Defense Authorization Act for Fiscal Year 2015, the operations and activities that may be carried out by the Office of Security Cooperation in Iraq may, with the concurrence of the Secretary of State, include non-operational training activities in support of Iraqi Minister of Defense and Counter Terrorism Service personnel in an institutional environment to address capability gaps, integrate processes relating to intelligence, air sovereignty, combined arms, logistics and maintenance, and to manage and integrate defense-related institutions: Provided further , That not later than 30 days following the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the congressional defense committees a plan for transitioning any such training activities that they determine are needed after the end of fiscal year 2015, to existing or new contracts for the sale of defense articles or defense services consistent with the provisions of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ): Provided further , That not less than 15 days before making funds available pursuant to the authority provided in this section, the Secretary of Defense shall submit to the congressional defense committees a written notification containing a detailed justification and timeline for the operations and activities of the Office of Security Cooperation in Iraq at each site where such operations and activities will be conducted during fiscal year 2015. 9012. (a) None of the funds appropriated or otherwise made available by this Act under the heading Operation and Maintenance for payments under section 1233 of Public Law 110–181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense, in coordination with the Secretary of State, certifies to the Committees on Appropriations that the Government of Pakistan is— (1) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries; (2) not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan's military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan; (3) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs; (4) preventing the proliferation of nuclear-related material and expertise; (5) implementing policies to protect judicial independence and due process of law; (6) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and (7) providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict. (b) The Secretary of Defense, in coordination with the Secretary of State, may waive the restriction in paragraph (a) on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so: Provided , That if the Secretary of Defense, in coordination with the Secretary of State, exercises the authority of the previous proviso, the Secretaries shall report to the Committees on Appropriations on both the justification for the waiver and on the requirements of this section that the Government of Pakistan was not able to meet: Provided further , That such report may be submitted in classified form if necessary. 9013. None of the funds made available by this Act may be used with respect to Syria in contravention of the War Powers Resolution ( 50 U.S.C. 1541 et seq. ), including for the introduction of United States armed or military forces into hostilities in Syria, into situations in Syria where imminent involvement in hostilities is clearly indicated by the circumstances, or into Syrian territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543). 9014. None of the funds made available by this Act for the Afghanistan Infrastructure Fund may be used to plan, develop, or construct any project for which construction has not commenced before the date of the enactment of this Act. 9015. No more than 15 percent of the funds made available in Title IX may be obligated, until the Secretary of Defense provides the congressional defense and intelligence committees with a detailed spend plan for the funds provided, including an assurance that no funds will be used in contravention of section 1035 of the National Defense Authorization Act for Fiscal Year 2014. X additional general provisions spending reduction account 10001. 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. 10002. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, pursuant to the Federal Acquisition Regulation, that the offeror or any of its principals— (1) within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; or (2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (1); or (3) within a 3-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. 10003. None of the funds made available by this Act may be used for the Afghanistan Infrastructure Fund . 10004. None of the funds made available by this Act may be used to transfer or release to the Republic of Yemen (or any entity within Yemen) a detainee who is or was held, detained, or otherwise in the custody of the Department of Defense on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba. 10005. None of the funds appropriated or otherwise made available by this Act may be used to retire, divest, or transfer, or to prepare or plan for the retirement, divestment, or transfer of, the entire KC–10 fleet during fiscal year 2015. 10006. None of the funds made available by this Act may be used to promulgate Directive 293, issued December 16, 2010, by the Office of Federal Contract Compliance Programs. 10007. None of the funds made available by this Act may be used to enter into any contract with an incorporated entity if such entity’s sealed bid or competitive proposal shows that such entity is incorporated or chartered in Bermuda or the Cayman Islands, and such entity’s sealed bid or competitive proposal shows that such entity was previously incorporated in the United States. 10008. None of the funds made available by this Act may be used to appoint chaplains for the military departments in contravention of Department of Defense Instruction 1304.28, dated June 11, 2004, incorporating change 3, dated March 20, 2014, regarding the appointment of chaplains for the military departments. 10009. None of the funds made available by this Act may be used to enforce section 526 of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ; 42 U.S.C. 17142 ). 10010. None of the funds made available by this Act may be obligated or expended to transfer man-portable air defense systems (MANPADS) to any entity in Syria. 10011. None of the funds made available by this Act may be used to design, implement, administer, or carry out the U.S. Global Climate Research Program National Climate Assessment, the Intergovernmental Panel on Climate Change’s Fifth Assessment Report, the United Nations’ Agenda 21 sustainable development plan, or the May 2013 Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order No. 12866. 10012. None of the funds made available by this Act may be used with respect to Iraq in contravention of the War Powers Resolution ( 50 U.S.C. 1541 et seq. ), including for the introduction of United States armed forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is clearly indicated by the circumstances, or into Iraqi territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of such Resolution (50 U.S.C. 1542 and 1543). 10013. None of the funds made available by this Act may be used to plan for or carry out a furlough of a dual status military technician (as defined in section 10216 of title 10, United States Code). 10014. None of the funds made available by this Act may be used to implement Executive Order No. 12473 of April 13, 1984, as amended by Executive Order No. 13669 of June 13, 2014, as those amendments apply to section 405(i) of the Rules for Courts-Martial. 10015. None of the funds appropriated or otherwise made available by this Act may be used to pay for storage for patrol boats procured under the Department of Navy Memorandum #105–E2P–196 dated October 12, 2010. 10016. None of the funds made available by this Act may be used to implement the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002. 10017. None of the funds made available by this Act may be used to maintain or improve Department of Defense real property with a zero percent utilization rate according to the Department’s real property inventory database, except in the case of maintenance of an historic property as required by the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ) or maintenance to prevent a negative environmental impact as required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). 10018. None of the funds made available by this Act may be used to procure any Army Aircrew Combat Uniforms. 10019. None of the funds made available by this Act may be obligated or expended to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. 10020. None of the funds made available by this Act may be used to carry out any of the following: (1) Section 2(b), 2(d), 2(g), 3(c), 3(e), 3(f), or 3(g) of Executive Order No. 13423. (2) Section 2(a), 2(b), 2(c), 2(f)(iii–iv), 2(h), 7, 9, 12, 13, or 16 of Executive Order No. 13514. (3) Section 2911 of title 10, United States Code. (4) Section 400AA or 400 FF of the Energy Policy and Conservation Act ( 42 U.S.C. 6374 , 6374e). (5) Section 303 of the Energy Policy Act of 1992 ( 42 U.S.C. 13212 ). (6) Section 203 of the Energy Policy Act of 2005 ( 42 U.S.C. 15852 ). 10021. None of the funds made available by this Act may be used to consult , as the term is used in reference to the Department of Defense and the National Security Agency, in contravention of the assur[ance] provided in section 20(c)(1)(A) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(c)(1)(A) . 10022. None of the funds made available by this Act may be used to propose, plan for, or execute an additional Base Realignment and Closure round. 10023. None of the funds made available by this Act may be used in contravention of Article II, section 2 of the Constitution. 10024. None of the funds made available by this Act may be used to transfer weapons to the Palestinian Authority. 10025. None of the funds made available by this Act may be used to— (1) disestablish, or prepare to disestablish, a Senior Reserve Officers’ Training Corps program in accordance with Department of Defense Instruction Number 1215.08, dated June 26, 2006; or (2) close, downgrade from host to extension center, or place on probation a Senior Reserve Officers’ Training Corps program in accordance with the information paper of the Department of the Army titled Army Senior Reserve Officers’ Training Corps (SROTC) Program Review and Criteria , dated January 27, 2014. 10026. None of the funds appropriated or otherwise made available in this Act may be used to enter into a contract for the planning, design, refurbishing, or construction of a biofuels refinery unless such planning, design, refurbishing, or construction is specifically authorized by law. 10027. None of the funds made available by this Act may be used to divest, retire, transfer, or place in storage, or prepare to divest, retire, transfer, or place in storage, any A–10 aircraft, or to disestablish any units of the active or reserve component associated with such aircraft. 10028. None of the funds appropriated or otherwise made available by this Act may be used to transfer or release any individual detained at United States Naval Station, Guantanamo Bay, Cuba to the individual’s country of origin or to any other foreign country. 10029. (a) Except as provided in subsection (b), none of the funds made available by this Act may be used by an officer or employee of the United States to query a collection of foreign intelligence information acquired under section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) using a United States person identifier. (b) Subsection (a) shall not apply to queries for foreign intelligence information authorized under section 105, 304, 703, 704, or 705 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805 ; 1842; 1881b; 1881c; 1881d), or title 18, United States Code, regardless of under what Foreign Intelligence Surveillance Act authority it was collected. (c) Except as provided for in subsection (d), none of the funds made available by this Act may be used by the National Security Agency or the Central Intelligence Agency to mandate or request that a person (as defined in section 1801(m) of title 50, United States Code) alter its product or service to permit the electronic surveillance (as defined in section 1801(f) of title 50, United States Code) of any user of said product or service for said agencies. (d) Subsection (c) shall not apply with respect to mandates or requests authorized under the Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 et seq. ). 10030. None of the funds made available in this Act may be used to enter into a contract with any person whose disclosures of a proceeding with a disposition listed in section 2313(c)(1) of title 41, United States Code, in the Federal Awardee Performance and Integrity Information System include the term Fair Labor Standards Act. . 10031. None of the funds made available by this Act may be used in contravention of section 1034 of title 10, Untied States Code. 10032. None of the funds made available by this Act may be used by the Defense Logistics Agency to implement the Small Business Administration interim final rule titled Small Business Size Standards; Adoption of 2012 North American Industry Classification System (published August 20, 2012, in the Federal Register) with respect to the procurement of footwear. 10033. None of the funds made available by this Act may be obligated or expended to the following entities or in contravention of section 2339B of title 18, United States Code: (1) The Government of Iran. (2) The Government of Syria. (3) The Palestinian Authority. (4) Hamas. (5) The Islamic State of Iraq and Syria. This Act may be cited as the Department of Defense Appropriations Act, 2015 .
Passed the House of Representatives June 20, 2014. Karen L. Haas, Clerk.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4870eh/xml/BILLS-113hr4870eh.xml
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113-hr-4871
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I 113th CONGRESS 2d Session H. R. 4871 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Neugebauer (for himself and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reauthorize the Terrorism Risk Insurance Act of 2002, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the TRIA Reform Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. References. Sec. 3. Extension of program. Sec. 4. Certification of acts of terrorism. Sec. 5. Separate treatment of conventional terrorism from NBCR terrorism. Sec. 6. Availability of coverage. Sec. 7. Terrorism loss risk-spreading premiums amount. Sec. 8. Increase of aggregate retention amount; mandatory recoupment. Sec. 9. Terrorism loss risk-spreading premium. Sec. 10. Risk-sharing mechanisms. Sec. 11. Reporting of terrorism insurance data. Sec. 12. Delivery of notices to policyholders. Sec. 13. Definition of control. Sec. 14. Annual study of small insurer market competitiveness. Sec. 15. CBO and OMB studies regarding budgeting for costs of Federal insurance programs. Sec. 16. GAO study on upfront premiums and capital reserve fund. 2. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note). 3. Extension of program (a) In general Subsection (a) of section 108 ( 15 U.S.C. 6701 note) is amended by striking December 31, 2014 and inserting December 31, 2019 . (b) Program years Subparagraph (G) of section 102(11) ( 15 U.S.C. 6701 note) is amended by striking 2014 and inserting 2019 . 4. Certification of acts of terrorism (a) In general Paragraph (1) of section 102 ( 15 U.S.C. 6701 note) is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking concurrence with the Secretary of State and inserting consultation with the Secretary of Homeland Security ; (2) in subparagraph (B)— (A) in clause (i), by striking ; or and inserting a period; (B) by striking clause (ii); and (C) by striking terrorism if— and all that follows through (I) the act and inserting terrorism if the act ; (3) by redesignating subparagraphs (C) and (D) as subparagraphs (E) and (G), respectively; (4) by inserting after subparagraph (B) the following new subparagraph: (C) Timing of certification (i) Preliminary certification notice The Secretary shall issue a preliminary certification notice indicating whether an act is expected to be a certified act of terrorism not later than 15 days after— (I) the date of the occurrence of a potential act of terrorism; or (II) the receipt of a petition seeking a preliminary certification decision submitted by an insurer having an in-force policy or policies that could be affected by a certification decision. (ii) Final certification notice Not later than 90 days after the date of the occurrence of a potential act of terrorism or the receipt of a petition submitted to the Secretary pursuant to clause (i)(II), the Secretary shall issue a final certification notice indicating whether an act is a certified act of terrorism for purposes of this Act. (iii) Rule of construction Failure to issue a preliminary certification notice under clause (i) shall not prevent the Secretary from issuing a final certification notice under clause (ii). ; and (5) by inserting before subparagraph (G), as so redesignated by paragraph (3) of this subsection, the following new subparagraph: (F) Failure to make determination If the Secretary does not certify, or make a determination not to certify, an act as an act of terrorism before the expiration of the 90-day period beginning on the occurrence of such act, such act shall be treated for purposes of this Act as having been determined by the Secretary not to be an act of terrorism and such determination shall be final and shall not be subject to judicial review. . (b) Applicability The amendments made by subsection (a) shall apply to the Program Year for the Terrorism Insurance Program established by title I of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) that begins on January 1, 2015, and Program Years thereafter. 5. Separate treatment of conventional terrorism from NBCR terrorism (a) Definition (1) In general Section 102 ( 15 U.S.C. 6701 note) is amended— (A) in paragraph (1), by inserting after subparagraph (C), as added by section 4(a)(4) of this Act, the following new subparagraph: (D) Act of NBCR terrorism Each certification of an act of terrorism under subparagraph (A) shall include a determination of whether such act involves NBCR terrorism. ; (B) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; and (C) by inserting after paragraph (8) the following new paragraph: (9) NBCR terrorism Notwithstanding paragraph (1), the term NBCR terrorism means an act of terrorism to the extent that the insured losses involve, regardless of any other cause or event that contributes concurrently or in any sequence to such insurance loss— (A) an act of terrorism that is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation, or radioactive contamination; (B) the release of radioactive material, and it appears that one purpose of the act of terrorism was to release such material; (C) an act of terrorism that is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical material; or (D) the release of pathogenic or poisonous biological or chemical material, and it appears that one purpose of the act of terrorism was to release such material. . (2) Applicability The amendments made by paragraph (1) shall apply to the Program Year for the Terrorism Insurance Program established by title I of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) that begins on January 1, 2016, and Program Years thereafter. (b) Federal share of insured loss compensation Subparagraph (A) of section 103(e)(1) ( 15 U.S.C. 6701 note) is amended— (1) by striking The Federal share and inserting Subject to subparagraphs (B) and (C), the Federal share ; (2) by striking an insurer during the Transition period and inserting the following: an insurer— (i) during the Transition period, ; (3) by inserting through the Program Year ending on December 31, 2015, after each Program Year thereafter ; (4) by striking the period at the end and inserting ; and ; and (5) by adding at the end the following new clause: (ii) shall be equal to— (I) except as provided in subclause (II)— (aa) during the Program Year beginning on January 1, 2016, 84 percent of that portion of the amount of such insured losses that exceeds the applicable insurer deductible required to be paid during such Program Year; (bb) during the Program Year beginning on January 1, 2017, 83 percent of that portion of the amount of such insured losses that exceeds the applicable insurer deductible required to be paid during such Program Year; (cc) during the Program Year beginning on January 1, 2018, 82 percent of that portion of the amount of such insured losses that exceeds the applicable insurer deductible required to be paid during such Program Year; and (dd) during the Program Year beginning on January 1, 2019, 80 percent of that portion of the amount of such insured losses that exceeds the applicable insurer deductible required to be paid during such Program Year; and (II) in the case of insured losses resulting from acts of NBCR terrorism, during the Program Year beginning on January 1, 2016, and each Program Year thereafter, 85 percent of that portion of the amount of such insured losses that exceeds the applicable insurer deductible required to be paid during such Program Year. . (c) Program trigger Subparagraph (B) of section 103(e)(1) ( 15 U.S.C. 6701 note) is amended— (1) in the matter preceding clause (i)— (A) by striking a certified act and inserting certified acts ; and (B) by striking such certified act and inserting such certified acts ; (2) in clause (i) by striking or at the end; (3) in clause (ii), by striking the period at the end and inserting the following through the Program Year ending on December 31, 2015; or ; (4) by adding at the end the following: (iii) (I) except as provided in subclause (II)— (aa) $200,000,000, with respect to such insured losses occurring in the Program Year beginning on January 1, 2016; (bb) $300,000,000, with respect to such insured losses occurring in the Program Year beginning on January 1, 2017; (cc) $400,000,000, with respect to such insured losses occurring in the Program Year beginning on January 1, 2018; and (dd) $500,000,000, with respect to such insured losses occurring in the Program Year beginning on January 1, 2019; and (II) in the case of an act of NBCR terrorism, $100,000,000, with respect to such insured losses occurring in the Program Year beginning on January 1, 2016, or any Program Year thereafter. ; and (5) by adding after and below clause (iii), as added by paragraph (4) of this subsection, the following: In determining the aggregate industry insured losses resulting from certified acts of terrorism for purposes of this subparagraph, the Secretary shall not consider any act of terrorism resulting, in the aggregate, in less than $50,000,000 in insured losses. . 6. Availability of coverage Subsection (c) of section 103 ( 15 U.S.C. 6701 note) is amended to read as follows: (c) Mandatory availability (1) In general Except as provided in paragraph (2), during each Program Year, each entity that meets the definition of an insurer under section 102 shall make available— (A) in all of its property and casualty insurance policies, coverage for insured losses; and (B) property and casualty insurance coverage for insured losses that does not differ materially from the terms, amounts, and other coverage limitations applicable to losses arising from events other than acts of terrorism. (2) No mandatory availability for small insurers The Secretary shall provide, by regulation and in consultation with State insurance regulatory authorities, that paragraph (1) shall not apply for a Program Year with respect to any small insurer (as such term is defined in such regulations by the Secretary) that, at the option of the insurer, makes a request for such inapplicability for such Program Year to the appropriate State insurance regulatory authority for the State in which such insurer is domiciled and is determined by such State insurance regulatory authority to meet such requirements for financial hardship or financial infeasibility of providing coverage for insured losses as the Secretary shall establish in such regulations. The insurer shall provide notice, in a manner satisfactory to the State insurance regulatory authority, informing affected prospective and current policyholders whether such coverage is not provided by the insurer. This paragraph may not be construed to require any State insurance regulatory authority to undertake making determinations under this paragraph. . 7. Terrorism loss risk-spreading premiums amount (a) In general Subparagraph (C) of section 103(e)(7) ( 15 U.S.C. 6701 note) is amended— (1) by striking subparagraphs (A) through (E) and inserting subparagraphs (A) through (F) ; and (2) by striking 133 percent and inserting 150 percent . (b) Applicability The amendment made by subsection (a) shall apply to the Program Year for the Terrorism Insurance Program established by title I of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) that begins on January 1, 2016, and Program Years thereafter. 8. Increase of aggregate retention amount; mandatory recoupment (a) In General Paragraph (6) of section 103(e) ( 15 U.S.C. 6701 note) is amended— (1) in subparagraph (D)(ii), by striking and at the end; (2) in subparagraph (E)— (A) in the matter preceding clause (i), by inserting through the Program Year ending on December 31, 2015 before the comma; and (B) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (F) for the Program Year beginning January 1, 2016, and each Program Year thereafter, the lesser of— (i) the amount that is equal to the sum of the insurer deductibles for the Program Year for all insurers participating in the Program; and (ii) the aggregate amount, for all insurers, of insured losses during such Program Year. . (b) Mandatory recoupment (1) Amount; timing Paragraph (7) of section 103(e) ( 15 U.S.C. 6701 note) is amended— (A) by striking subparagraphs (A) and (B) and inserting the following new subparagraph: (A) Mandatory recoupment amount For purposes of this paragraph, the mandatory recoupment amount for each of the periods referred to in subparagraphs (A) through (F) of paragraph (6) shall be equal to the lesser of— (i) the aggregate amount, for all insurers, of insured losses during such period that are compensated by the Federal Government pursuant to paragraph (1); or (ii) the insurance marketplace aggregate retention amount under paragraph (6) for such period. ; (B) in subparagraph (E)(i)(III), by striking after January 1, 2012 and inserting before December 31, 2014 ; and (C) by redesignating subparagraphs (C), (D), (E) (as so amended), and (F) as subparagraphs (B), (C), (D), and (E), respectively. (2) Conforming amendments Section 103(e) ( 15 U.S.C. 6701 note) is amended— (A) in paragraph (7)(D)(i), as so redesignated by paragraph (1)(B) of this subsection, by striking subparagraph (C) and inserting subparagraph (B) ; and (B) in paragraph (8)— (i) in subparagraph (C), by striking paragraph (7)(D) and inserting paragraph (7)(C) ; and (ii) in subparagraph (D)(ii), by striking paragraph (7)(E) and inserting paragraph (7)(D) . 9. Terrorism loss risk-spreading premium (a) In general Section 103(e) ( 15 U.S.C. 6701 note) is amended by striking paragraph (8) and inserting the following new paragraph: (8) Terrorism loss risk-spreading premiums (A) Establishment After an act of terrorism, the Secretary shall, to the extent provided in subparagraph (7)(C), and may, to the extent provided in subparagraph (7)(D), establish terrorism loss risk-spreading premiums, which shall be imposed as a policyholder premium surcharge on property and casualty insurance policies for all participating insurers in force after the date of such establishment. (B) Collection The Secretary shall provide for insurers to collect terrorism loss risk-spreading premiums and remit such amounts collected to the Secretary. (C) Determination of premiums In determining the method and manner of imposing terrorism loss risk-spreading premiums, including the amount of such premiums, the Secretary shall— (i) impose such terrorism loss risk-spreading premiums beginning with such period of coverage during the year as the Secretary determines appropriate, but shall commence imposition of such premiums not later than 18 months after the occurrence of the act of terrorism for which such premiums are imposed; (ii) base any terrorism loss risk-spreading premium on a percentage of the premium amount charged for property and casualty insurance coverage under the policy; and (iii) take into consideration— (I) the economic impact on commercial centers of urban areas, including the effect on commercial rents and commercial insurance premiums, particularly rents and premiums charged to small businesses, and the availability of lease space and commercial insurance within urban areas; (II) the risk factors related to rural areas and smaller commercial centers, including the potential exposure to loss and the likely magnitude of such loss, as well as any resulting cross-subsidization that might result; and (III) the various exposures to terrorism risk for different lines of insurance. (D) Percentage limitation A terrorism loss risk-spreading premium collected on a discretionary basis pursuant to paragraph (7)(D) shall not be less than, on an annual basis, the amount equal to 3 percent of the premium charged for property and casualty insurance coverage under the policy. (E) Timing of premiums The Secretary may adjust the timing of terrorism loss risk-spreading premiums to provide for equivalent application of the provisions of this title to policies that are not based on a calendar year, or to apply such provisions on a daily, monthly, or quarterly basis, as appropriate. . (b) Applicability The amendment made by subsection (a) shall apply to the Program Year for the Terrorism Insurance Program established by title I of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) that begins on January 1, 2016, and Program Years thereafter. 10. Risk-sharing mechanisms (a) In General Section 103(e) ( 15 U.S.C. 6701 note) is amended by adding at the end the following new paragraph: (9) Risk-sharing mechanisms (A) Finding; rule of construction The Congress finds that it is desirable to encourage the growth of nongovernmental, private market reinsurance capacity for protection against losses arising from acts of terrorism. Therefore, nothing in this title shall prohibit insurers from developing risk-sharing mechanisms (including mutual reinsurance facilities and agreements, use of the capital markets, and insurance-linked securities) to voluntarily reinsure terrorism losses between and among themselves that are not subject to reimbursement under this section. (B) Establishment of advisory committee The Secretary shall appoint an Advisory Committee to— (i) encourage the creation and development of such risk-sharing mechanisms; (ii) assist the Secretary and be available to administer such risk-sharing mechanisms; and (iii) develop articles of incorporation, bylaws, and a plan of operation for any long-term reinsurance facility authorized or created in the future. (C) Membership The Advisory Committee shall be composed of nine members who are directors, officers, or other employees of insurers, reinsurers, or capital market participants that are participating or that desire to participate in such mechanisms, and who are representative of the affected sectors of the insurance industry, including commercial property insurance, commercial casualty insurance, reinsurance, and alternative risk transfer industries. . (b) Applicability The amendment made by subsection (a) shall apply to the Program Year for the Terrorism Insurance Program established by title I of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) that begins on January 1, 2015, and Program Years thereafter. 11. Reporting of terrorism insurance data Section 104 ( 15 U.S.C. 6701 note) is amended by adding at the end the following new subsection: (h) Reporting of terrorism insurance data (1) Authority During the Program Year beginning on January 1, 2016, and in each Program Year thereafter, the Secretary shall require insurers participating in the Program to submit to the Secretary such information regarding insurance coverage for terrorism losses of such insurers as the Secretary considers appropriate to analyze the effectiveness of the Program, which shall include information regarding— (A) lines of insurance with exposure to such losses; (B) premiums earned on such coverage; (C) geographical location of exposures; (D) pricing of such coverage; (E) the take-up rate for such coverage; (F) the amount of private reinsurance for acts of terrorism purchased; and (G) such other matters as the Secretary considers appropriate. (2) Reports Not later than 6 months after the termination of the Program Year beginning on January 1, 2016, and not later than 6 months after the termination of each Program Year thereafter, the Secretary shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that includes— (A) an analysis of the overall effectiveness of the Program; (B) an evaluation of any changes or trends in the data collected under paragraph (1); (C) an evaluation of whether any aspects of the Program have the effect of discouraging or impeding insurers from providing commercial property casualty insurance coverage or coverage for acts of terrorism; (D) an evaluation of the impact of the Program on workers’ compensation insurers; (E) an evaluation of the impact on availability and affordability of terrorism insurance coverage and fiscal protection of the taxpayers of separate Federal treatment under the Program for nuclear, biological, chemical, and radiological terrorism; and (F) in the case of the data reported in paragraph (1)(B), an updated estimate of the total amount earned since the commencement of Program Year 1. (3) Protection of data To the extent possible, the Secretary shall contract with an insurance statistical aggregator to collect the information described in paragraph (1), which shall keep any nonpublic information confidential and provide it to the Secretary in an aggregate form or in such other form or manner that does not permit identification of the insurer submitting such information. (4) Advance coordination Before collecting any data or information under paragraph (1) from an insurer, or affiliate of an insurer, the Secretary shall coordinate with the appropriate State insurance regulatory authorities or their representatives and any relevant government agency or publicly available sources to determine if the information to be collected is available from, and may be obtained in a timely manner by, individually or collectively, such entities. If the Secretary determines that such data or information is available, and may be obtained in a timely matter, from such entities, the Secretary shall obtain the data or information from such entities. If the Secretary determines that such data or information is not so available, the Secretary may collect such data or information from an insurer and affiliates. (5) Confidentiality (A) Retention of privilege The submission of any non-publicly available data and information to the Secretary and the sharing of any non-publicly available data with or by the Secretary among other Federal agencies, the State insurance regulatory authorities and their collective agents, or any other entities under this subsection shall not constitute a waiver of, or otherwise affect, any privilege arising under Federal or State law (including the rules of any Federal or State court) to which the data or information is otherwise subject. (B) Continued application of prior confidentiality agreements Any requirement under Federal or State law to the extent otherwise applicable, or any requirement pursuant to a written agreement in effect between the original source of any non-publicly available data or information and the source of such data or information to the Secretary, regarding the privacy or confidentiality of any data or information in the possession of the source to the Secretary, shall continue to apply to such data or information after the data or information has been provided pursuant to this subsection. (C) Information-sharing agreement Any data or information obtained by the Secretary under this subsection may be made available to State insurance regulatory authorities, individually or collectively through an information-sharing agreement that— (i) shall comply with applicable Federal law; and (ii) shall not constitute a waiver of, or otherwise affect, any privilege under Federal or State law (including any privilege referred to in subparagraph (A) and the rules of any Federal or State court) to which the data or information is otherwise subject. (D) Agency disclosure requirements Section 552 of title 5, United States Code, including any exceptions thereunder, shall apply to any data or information submitted under this subsection to the Secretary by an insurer or affiliate of an insurer. . 12. Delivery of notices to policyholders Section 103(b)(2) ( 15 U.S.C. 6701 note) is amended— (1) in subparagraph (B), by striking , purchase, ; and (2) in subparagraph (C), by striking , purchase, . 13. Definition of control Paragraph (3) of section 102 ( 15 U.S.C. 6701 note) is amended— (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively and realigning such clauses, as so redesignated, so as to be indented six ems from the left margin; (2) in the matter preceding clause (i) (as so redesignated), by striking An entity has and inserting the following: (A) In general An entity has ; and (3) by adding at the end the following new subparagraph: (B) Rule of construction An entity, including any affiliate thereof, does not have control over another entity if, as of the date of the enactment of the TRIA Reform Act of 2014 , the entity is acting as an attorney-in-fact, as defined by the Secretary, for the other entity and such other entity is a reciprocal insurer, provided that the entity is not, for reasons other than the attorney-in-fact relationship, defined as having control under subparagraph (A). . 14. Annual study of small insurer market competitiveness Section 108 ( 15 U.S.C. 6701 note) is amended by adding at the end the following new subsection: (h) Study of small insurer market competitiveness (1) In general The Secretary shall conduct an annual study of small insurers participating in the Program, and identify any competitive challenges small insurers face in the terrorism risk insurance marketplace, including— (A) changes to the market share, premium volume, and policyholder surplus of small insurers relative to large insurers; (B) how the property and casualty insurance market for terrorism risk differs between small and large insurers, and whether such a difference exists within other perils; (C) the impact of the Program’s mandatory availability requirement under section 103(c) and the voluntary opt-out for small insurers; (D) the effect of increasing the trigger amount for the Program under section 103(e)(1)(B)(iii)(I) on small insurers; (E) the availability and cost of private reinsurance for small insurers; and (F) the impact that State workers compensation laws have on small insurers, particularly the impact of mandatory, non-excludable participation and unlimited financial liability. (2) Timing and report The Secretary shall complete the first study under paragraph (1) and submit a report to the Congress setting forth the findings and conclusions of the study not later than June 30, 2016, and shall complete an annual study under paragraph (1) and submit a report regarding such study to the Congress by June 1 annually thereafter. . 15. CBO and OMB studies regarding budgeting for costs of Federal insurance programs Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Director of the Congressional Budget Office and the Director of the Office of Management and Budget shall each— (1) conduct a study to determine the feasibility of applying accrual accounting concepts to budgeting for the costs of the Terrorism Risk Insurance Program and for the costs of the other Federal insurance programs; and (2) submit a report regarding such study to the Committees on the Budget of the House of Representatives and the Senate, which shall include a recommendation specifically addressing the feasibility of applying fair value concepts to budgeting for the costs of Federal insurance programs, including the Terrorism Risk Insurance Program. 16. GAO study on upfront premiums and capital reserve fund (a) Study Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on the viability of the Federal Government— (1) assessing and collecting upfront premiums on insurers that participate in the Terrorism Risk Insurance Program established under the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) (in this section referred to as the Program ), which shall include a comparison of practices in international markets to assess and collect premiums either before or after terrorism losses are incurred; and (2) creating a capital reserve fund under the Program and requiring insurers participating in the Program to dedicate capital specifically for terrorism losses before such losses are incurred, which shall include a comparison of practices in international markets to establish reserve funds. (b) Required content The study required under subsection (a) shall examine, but shall not be limited to, the following issues: (1) Upfront premiums With respect to upfront premiums described in subsection (a)(1)— (A) how the Federal Government could determine the price of such upfront premiums on insurers that participate in the Program; (B) how the Federal Government could collect such upfront premiums; (C) how the Federal Government could ensure that such upfront premiums are not spent for purposes other than satisfying claims through the Program; (D) how the assessment and collection of such upfront premiums could affect take-up rates for terrorism risk coverage in different regions and industries; (E) the effect of collecting such upfront premiums on the private market for terrorism risk reinsurance; and (F) the size of the Federal Government subsidy insurers currently receive through their participation in the Program. (2) Capital reserve fund With respect to the capital reserve fund described in subsection (a)(2)— (A) how the creation of a capital reserve fund would affect the Federal Government’s fiscal exposure under the Terrorism Risk Insurance Program and the ability of the Program to meet its statutory purposes; (B) how a capital reserve fund would impact insurers and reinsurers, including liquidity, insurance pricing, and capacity to provide terrorism risk coverage; (C) the feasibility of segregating funds attributable to terrorism risk from funds attributable to other insurance lines; (D) how a capital reserve fund would be viewed and treated under current Financial Accounting Standards Board accounting rules and the tax laws; and (E) how a capital reserve fund would affect the States’ ability to regulate insurers participating in the Program. (3) International practices With respect to international markets referred to in paragraphs (1) and (2) of subsection (A), how other countries, if any— (A) have established terrorism insurance structures; (B) charge premiums or otherwise collect funds to pay for the costs of terrorism insurance structures, including risk and administrative costs; and (C) have established capital reserve funds to pay for the costs of terrorism insurance structures. (4) Duration With respect to the capital reserve fund described in subsection (a)(2), how the duration of the Program would affect the viability of such capital reserve fund. (c) Report Upon completion of the study required under subsection (a), the Comptroller General shall submit a report on the results of such study to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (d) Public availability The study and report required under this section shall be made available to the public in electronic form and shall be published on the website of the Government Accountability Office.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4871ih/xml/BILLS-113hr4871ih.xml
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113-hr-4872
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I 113th CONGRESS 2d Session H. R. 4872 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Woodall (for himself and Ms. Duckworth ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate the use of the frank for mail transmitted by Members of Congress and Congressional officials, and for other purposes.
1. Short title This Act may be cited as the Ending Special Mail Privileges for Congress Act of 2014 . 2. Repeal of frank; requirements relating to the use of Congressional mail (a) Repeal of Franking Privilege Section 3201 of title 39, United States Code, is amended— (1) in paragraph (1), by striking other than franked mail and inserting other than Congressional mail subject to section 3210 of this title ; and (2) by striking paragraphs (3) and (4). (b) Requirements for Mail Transmitted by Members of Congress and Congressional Officials (1) Policy and intent of Congress in sending Congressional mail Section 3210(a) of such title is amended as follows: (A) In paragraph (1), by striking as franked mail and inserting as Congressional mail . (B) In paragraph (3)— (i) in the matter preceding subparagraph (A), by striking which is frankable and inserting which may be sent as Congressional mail ; and (ii) in subparagraph (I), by striking under the franking privilege and inserting which is sent as Congressional mail . (C) In paragraph (4)— (i) by striking the franking privilege and inserting the privilege of sending Congressional mail ; and (ii) by striking franked mail and inserting Congressional mail . (D) In paragraph (5)— (i) in the matter preceding subparagraph (A), by striking franked mail and inserting Congressional mail ; and (ii) in subparagraph (B)(i), by striking frankable mail and inserting Congressional mail . (E) In paragraph (6), by striking franked mail each place it appears in subparagraphs (A) and (C) and inserting Congressional mail . (2) Authority to send Congressional mail Section 3210(b) of such title is amended— (A) in paragraphs (1) and (3), by striking franked mail each place it appears and inserting Congressional mail ; and (B) in paragraph (2), by striking the franking privilege and inserting the privilege to send Congressional mail under paragraph (1) . (3) Form of Congressional mail Section 3210(c) of such title is amended— (A) by striking Franked mail the first place it appears and inserting Congressional mail under this section ; (B) by striking Franked mail the second place it appears and inserting Such Congressional mail ; and (C) in the second sentence, by striking franked mail and inserting Congressional mail . (4) Form of address; regulations for review of official status of mail Section 3210(d) of such title is amended— (A) by striking franked mail each place it appears in paragraphs (1) through (6) and inserting Congressional mail ; and (B) in paragraph (7), by striking Franked mail and inserting Congressional mail . (5) Determination of status of mail by type and content Section 3210(e) of such title is amended by striking The frankability of mail matter shall be determined under the provisions of this section and inserting The determination as to whether mail matter may be sent as Congressional mail under this section shall be determined . (6) Source of funds for sending mail Section 3210(f) of such title is amended— (A) by striking franked mail and inserting Congressional mail ; (B) by striking an otherwise frankable mass mailing and inserting a mass mailing which otherwise may be sent as Congressional mail ; and (C) by striking is frankable and inserting may be sent as Congressional mail . (7) Exclusion of payments for Congressional mail from treatment as campaign contribution or expenditure Section 3210(g) of such title is amended— (A) by striking franked mail mailed under the frank and inserting Congressional mail ; (B) by striking Congress, and the cost and inserting Congress which is mailed under this section, and the cost ; and (C) by striking such frankable matter for such mailing under the frank and inserting such Congressional mail for such mailing . (8) Conforming amendment to heading The heading of section 3210 of such title is amended to read as follows: 3210. Mail transmitted by Members of Congress and congressional officials . (c) Payment for Congressional Mail (1) Payments to Postal Service from amounts appropriated for Congressional mail costs Section 3216(a) of such title is amended— (A) in paragraph (1)(A), by striking under the franking privilege and inserting as Congressional mail ; (B) in paragraph (2), by striking franked mail and inserting Congressional mail ; and (C) by striking the last sentence. (2) Exclusive source of payments Section 3216(c) of such title is amended by striking under the frank and inserting as Congressional mail which is subject to this section . (3) Deposit of funds improperly collected Section 3216(d) of such title is amended by striking under the franking privilege and inserting as Congressional mail which is subject to this section . (4) Quarterly reports on pieces and costs of Congressional mail Section 3216(e)(1) of such title is amended by striking franked mail, as defined in section 3201 of this title, and inserting Congressional mail which is subject to this section . (5) Conforming amendment to heading The heading of section 3216 of such title is amended to read as follows: 3216. Payment for Congressional mail . (d) Repeal of Mailing Privileges of Survivors of Members of Congress (1) Repeal Section 3218 of such title is repealed. (2) Conforming amendment relating to payment Section 3216(a)(1) of such title is amended— (A) by striking through the mails— and all that follows through under the and inserting through the mails under the ; and (B) by striking subparagraph (B). (3) Conforming amendment relating to role of House Commission on Congressional Mailing Standards Section 5(d) of Public Law 93–191 ( 2 U.S.C. 501(d) ) is amended— (A) by striking 3218, ; and (B) by striking (or any individual designated by the Clerk of the House under section 3218 of title 39) . (4) Conforming amendment relating to role of Select Committee on Standards and Conduct of the Senate Section 6 of Public Law 93–191 ( 2 U.S.C. 502(a) ) is amended— (A) by striking 3218, ; and (B) by striking , surviving spouse of any of the foregoing, . (e) Miscellaneous Conforming Amendments (1) Shipment by most economical means Section 3208 of such title is amended by striking other than franked mail . (2) Mailing of public documents after expiration of terms Section 3211 of such title is amended by striking franked mail and inserting Congressional mail . (3) Congressional Record as Congressional mail Section 3212 of such title is amended— (A) by striking franked mail each place it appears and inserting Congressional mail ; and (B) by amending the heading to read as follows: 3212. Congressional Record as Congressional mail . (4) Mailing of seeds and reports from the Department of Agriculture after expiration of terms Section 3213(2) of such title is amended by striking franked mail and inserting Congressional mail . (5) Mailing privilege of former President and surviving spouse Section 3214 of such title is amended by striking franked mail and inserting Congressional mail . (6) Lending or permitting use of frank Section 3215 of such title is amended— (A) in the heading, by striking Lending or permitting use of frank and inserting Permitting others to send Congressional mail ; and (B) by amending the first sentence to read as follows: A person entitled to send Congressional mail under this chapter may not permit the sending of such mail by any committee, organization, or association, or permit the sending of such mail by any person for the benefit or use of any committee, organization, or association. . (7) Treatment of certain mailgrams as Congressional mail Section 3219 of such title is amended by striking franked mail both places it appears and inserting Congressional mail . (8) Use of Congressional mail in the location and recovery of missing children Section 3220 of such title is amended— (A) in the heading, by striking official and inserting Congressional ; and (B) in subsection (b), by striking franked mail and inserting Congressional mail . (f) Clerical Amendments (1) The chapter heading and table of sections at the beginning of chapter 32 of such title are amended to read as follows: 32 PENALTY AND CONGRESSIONAL MAIL Sec. 3201. Definitions. 3202. Penalty mail. 3203. Endorsements on penalty covers. 3204. Restrictions on use of penalty mail. 3205. Accounting for penalty covers. 3206. Reimbursement for penalty mail service. 3207. Limit of weight of penalty mail; postage on overweight matter. 3208. Shipment by most economical means. 3209. Executive departments to supply information. 3210. Mail transmitted by Members of Congress and congressional officials. 3211. Public documents. 3212. Congressional Record as Congressional mail. 3213. Seeds and reports from Department of Agriculture. 3214. Mailing privilege of former President; surviving spouse of former President. 3215. Permitting others to send Congressional mail unlawful. 3216. Payment for Congressional mail. 3217. Correspondence of members of diplomatic corps and consuls of countries of Postal Union of Americas and Spain. 3218. [repealed]. 3219. Mailgrams. 3220. Use of Congressional mail in the location and recovery of missing children. . (2) The item in the table of chapters at the beginning of part IV of such title is amended to read as follows: 32. Penalty and Congressional mail 3201 . 3. Conforming Amendments Relating to Operation of Congress (a) Standards for Mass Mailings by Senators (1) Requiring mass mailings to meet standards for Congressional mail Section 5 of the Legislative Branch Appropriations Act, 1995 ( 39 U.S.C. 3210 note) is amended by striking under the frank and inserting mailed as Congressional mail under chapter 32 of title 39, United States Code . (2) Standards Section 6 of such Act ( 39 U.S.C. 3210 note) is amended— (A) in subsection (a), by striking the franking privilege and inserting Congressional mail ; and (B) in subsection (c), by striking under the frank and inserting as Congressional mail under chapter 32 of title 39, United States Code . (b) Congressional Regulations Regarding Use of Funds for Congressional Mail Section 311 of the Legislative Branch Appropriations Act, 1991 ( 2 U.S.C. 503 ) is amended— (1) in subsection (a), by striking entitled to use the congressional frank each place it appears and inserting entitled to send Congressional mail ; (2) in subsection (a)(3), by striking the frank and inserting Congressional mail under chapter 32 of title 39, United States Code ; (3) in subsection (b)(1), by striking entitled to use the congressional frank and inserting entitled to send Congressional mail ; (4) in subsection (b)(3), by striking official mail and inserting Congressional mail under chapter 32 of title 39, United States Code, ; (5) in subsection (c), by striking official mail and inserting Congressional mail under chapter 32 of title 39, United States Code, ; (6) in subsection (d), by striking franked mail and inserting Congressional mail under chapter 32 of title 39, United States Code, ; (7) in subsection (e)— (A) by striking official mail each place it appears and inserting Congressional mail under chapter 32 of title 39, United States Code, ; and (B) by striking entitled to use the congressional frank each place it appears and inserting entitled to send Congressional mail ; and (8) by amending subsection (g)(2) to read as follows: (2) the term person entitled to send Congressional mail means a Senator, Member of the House of Representatives, or other person authorized to send Congressional mail under section 3210(b) of title 39, United States Code. . (c) Guidance on Appropriate Use of Congressional Mail (1) House Commission on Congressional Mailing Standards Section 5 of Public Law 93–191 ( 2 U.S.C. 501 ) is amended— (A) in subsection (d)— (i) by striking franked mail each place it appears and inserting Congressional mail ; and (ii) by striking the franking privilege and inserting the privilege to send Congressional mail ; and (B) in subsection (e)— (i) in the first sentence, by striking franked mail and inserting Congressional mail ; and (ii) in the tenth sentence, by striking franking laws and all that follows through franked mail and inserting or abuse of the Congressional mailing laws by any person listed under subsection (d) of this section as entitled to send mail as Congressional mail . (2) Select Committee on Standards and Conduct of the Senate Section 6 of Public Law 93–191 ( 2 U.S.C. 502 ) is amended— (A) in subsection (a)— (i) by striking franked mail both places it appears and inserting Congressional mail ; and (ii) by striking the franking privilege and inserting Congressional mail ; and (B) in subsection (c), by striking franking laws and all that follows through franked mail and inserting or abuse of the Congressional mailing laws by any person listed under subsection (a) of this section as entitled to send mail as Congressional mail . (d) Miscellaneous Conforming Amendments Relating to House of Representatives (1) Mail privileges of former Speakers Section 4 of House Resolution 1238, Ninety-first Congress, as enacted into permanent law by chapter VIII of the Supplemental Appropriations Act, 1971 ( 2 U.S.C. 5127 ), is amended by striking franked mail each place it appears and inserting Congressional mail . (2) Transportation of official records and papers to House Member’s district Section 2(2) of House Resolution 1297, Ninety-fifth Congress, as enacted into permanent law by section 111(1) of the Congressional Operations Appropriations Act, 1984 (2 U.S.C. 5346(b)(2)), is amended by striking franked mail and inserting Congressional mail under chapter 32 of title 39, United States Code . (3) Mail privileges of House Legislative Counsel Section 525 of the Legislative Reorganization Act of 1970 ( 2 U.S.C. 282d ) is amended by striking franked mail and inserting Congressional mail . (e) Miscellaneous Conforming Amendments Relating to Senate (1) Senators’ Official Personnel and Office Expense Account Subsection (a)(6) of the first section of Public Law 100–137 ( 2 U.S.C. 6313(6) ) is amended by striking the payment of franked mail expenses of Senators and inserting the payment of expenses of Senators for Congressional mail under chapter 32 of title 39, United States Code . (2) Contingent Fund of the Senate Section 506(a)(3) of the Supplemental Appropriations Act, 1973 ( 2 U.S.C. 6314(a)(3) ) is amended by striking (B) postage on and all that follows through and (C) . (3) Transportation of official records and papers to a Senator’s State Section 7(d) of the Legislative Branch Appropriations Act, 2005 ( 2 U.S.C. 6319(d) ) is amended by striking franked mail and inserting Congressional mail under chapter 32 of title 39, United States Code . (4) Mass mailing information by Senators Section 320 of the Legislative Branch Appropriations Act, 1991 ( 2 U.S.C. 505 ) is amended by striking under the frank and inserting as Congressional mail . (5) Inquiries and investigations by Senate Committees Section 6(b) of the Legislative Branch Appropriations Act, 1998 ( 2 U.S.C. 4334 ) is amended by striking franked mail expenses and inserting expenses for Congressional mail under chapter 32 of title 39, United States Code . 4. Conforming Amendments Relating to Responsibilities of Government Printing Office (a) Time for distribution of documents by Members of Congress Section 732 of title 44, United States Code, is amended by striking to frank documents and inserting to send documents as Congressional mail under chapter 32 of title 39 . (b) Documents and reports ordered by Members of Congress Section 733 of such title is amended— (1) in the heading, by striking franks and ; and (2) by striking the second and third undesignated paragraphs. (c) Mailing Congressional Record Section 907 of such title is amended by striking franked mail and inserting Congressional mail . (d) Clerical amendment The table of sections for chapter 7 of such title is amended by amending the item relating to section 733 to read as follows: 733. Documents and reports ordered by Members of Congress; envelopes for Members of Congress. . 5. Effective date; regulations (a) Effective Date The amendments made by this Act shall apply with respect to matter mailed during the One Hundred Fourteenth Congress and each succeeding Congress. (b) Regulations In consultation with the United States Postal Service, the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate shall each revise the regulations governing the treatment of official mail of the House or Senate (as the case may be) to take into account the amendments made by this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4872ih/xml/BILLS-113hr4872ih.xml
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113-hr-4873
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I 113th CONGRESS 2d Session H. R. 4873 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Hastings of Washington introduced the following bill; which was referred to the Committee on Natural Resources A BILL To modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes.
1. Short title This Act may be cited as the Cabin Fee Act of 2014 . 2. Cabin user fees (a) In general The Secretary of Agriculture (referred to in this Act as the Secretary ) shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. (b) Interim fee During the period beginning on January 1, 2014, and ending on the last day of the calendar year during which the current appraisal cycle is completed under subsection (c), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of— (1) the fee determined under the Cabin User Fees Fairness Act ( 16 U.S.C. 6901 et seq. ), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,600. (c) Completion of current appraisal cycle Not later than 1 year after the date of the enactment of this Act, the Secretary shall complete the current appraisal cycle, including receipt of timely second appraisals, for recreational residences on National Forest System land in accordance with the Cabin User Fees Fairness Act of 2000 ( 16 U.S.C. 6201 et seq. ) (referred to in this Act as the current appraisal cycle ). (d) Lot value (1) In General Only appraisals conducted and approved by the Secretary in accordance with the Cabin User Fee Fairness Act ( 16 U.S.C. 6901 et seq. ) during the current appraisal cycle shall be used to establish the base value assigned to the lot, subject to the adjustment in subsection (e). If a second appraisal— (A) was approved by the Secretary, the value established by the second appraisal shall be the base value assigned to the lot; or (B) was not approved by the Secretary, the value established by the initial appraisal shall be the base value assigned to the lot. (e) Adjustment On the date of completion of the current appraisal cycle, and before assessing a fee under subsection (f), the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (f) Annual fee (1) Base After the date on which appraised lot values have been adjusted in accordance with subsection (e), the annual fee assessed prospectively by the Secretary for recreational residences on National Forest System land shall be in accordance with the following tiered fee structure: Fee Tier Approximate Percent of Permits Nationally Fee Amount Tier 1 6 percent $600 Tier 2 16 percent $1,100 Tier 3 26 percent $1,600 Tier 4 22 percent $2,100 Tier 5 10 percent $2,600 Tier 6 5 percent $3,100 Tier 7 5 percent $3,600 Tier 8 3 percent $4,100 Tier 9 3 percent $4,600 Tier 10 3 percent $5,100 Tier 11 1 percent $5,600. (2) Inflation adjustment The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) Access and occupancy adjustment (A) In general The Secretary shall by regulation establish criteria pursuant to which the annual fee determined in accordance with this section may be suspended or reduced temporarily if access to, or the occupancy of, the recreational residence is significantly restricted. (B) Appeal The Secretary shall by regulation grant the cabin owner the right of an administrative appeal of the determination made in accordance with section 2(e)(3)(A) whether to suspend or reduce temporarily the annual fee. (g) Periodic review (1) In general Beginning on the date that is 10 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that— (A) analyzes the annual fees set forth in the table under subsection (e) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) Limitation The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). 3. Cabin transfer fees (a) In general The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. 4. Effect (a) In general Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3193(d) ). 5. Retention of fees (a) In general Beginning 10 years after the date of the enactment of this Act, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. 6. Repeal of Cabin User Fees Fairness Act of 2000 Effective on the date of the assessment of annual permit fees in accordance with section 2(e) (as certified to Congress by the Secretary), the Cabin User Fees Fairness Act of 2000 ( 16 U.S.C. 6201 et seq. ) is repealed.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4873ih/xml/BILLS-113hr4873ih.xml
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113-hr-4874
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I 113th CONGRESS 2d Session H. R. 4874 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Smith of Missouri (for himself, Mr. Bachus , Mr. Collins of Georgia , Mr. Farenthold , and Mr. Hultgren ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on the Judiciary and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the establishment of a process for the review of rules and sets of rules, and for other purposes.
1. Short title This Act may be cited as the Searching for and Cutting Regulations that are Unnecessarily Burdensome Act of 2014 or as the SCRUB Act of 2014 . 2. Table of contents Sec. 1. Short title. Sec. 2. Table of contents. Title I—Retrospective Regulatory Review Commission Sec. 101. In general. Title II—Regulatory Cut-Go Sec. 201. Cut-go procedures. Sec. 202. Applicability. Sec. 203. OIRA certification of cost calculations. Title III—Retrospective Review of New Rules Sec. 301. Plan for future review. Title IV—Judicial Review Sec. 401. Judicial review. Title V—Miscellaneous Provisions Sec. 501. Definitions. Sec. 502. Effective date. I Retrospective Regulatory Review Commission 101. In general (a) Establishment There is established a commission, to be known as the Retrospective Regulatory Review Commission, that shall review rules and sets of rules in accordance with specified criteria to determine if a rule or set of rules should be repealed to eliminate or reduce the costs of regulation to the economy. The Commission shall terminate on the date that is 5 years and 180 days after the date of enactment of this Act or 5 years after the date by which all Commission members’ terms have commenced, whichever is later. (b) Membership (1) Number The Commission shall be composed of 9 members who shall be appointed by the President and confirmed by the Senate. Each member shall be appointed not later than 180 days after the date of enactment of this Act. (2) Term The term of each member shall commence upon the member’s confirmation by the Senate and shall extend to the date that is 5 years and 180 days after the date of enactment of this Act or that is 5 years after the date by which all members have been confirmed by the Senate, whichever is later. (3) Appointment The members of the Commission shall be appointed as follows: (A) The President shall appoint the chair of the Commission from among past Administrators of the Office of Information and Regulatory Affairs, past chairmen of the Administrative Conference of the United States, and other candidates of similar expertise and experience in rulemaking affairs and the administration of regulatory reviews. (B) The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each present to the President lists of candidates to be members of the Commission. Such candidates shall be individuals learned in rulemaking affairs and, preferably, administration of regulatory reviews. The President shall appoint 2 members of the Commission from each list provided under this paragraph, subject to the provisions of paragraph (C). (C) If the President— (i) determines that any candidate to be a Member of the Commission who appears on a list presented to him under paragraph (B) does not meet the qualifications specified in this paragraph to be a member of the Commission; and (ii) certifies that determination to the congressional officials specified in paragraph (B); the President may then request from the presenter of the list a new list of one or more candidates. (c) Powers and authorities of the Commission (1) Meetings The Commission may meet when, where, and as often as the Commission determines appropriate, except that the Commission shall hold public meetings not less than twice each year. (2) Hearings In addition to meetings held under paragraph (1), the Commission may hold hearings to consider issues of fact or law relevant to the Commission’s work. Any hearing held by the Commission shall be in public. (3) Access to Information The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Subpoenas (A) In general The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to the duties of the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (B) Failure to obey a Subpoena If a person refuses to obey a subpoena issued under subparagraph (a), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (C) Service of subpoenas The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (D) Service of process All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (d) Pay and Travel Expenses (1) Pay (A) Members Each member, other than the chair, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable 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 actual performance of duties vested in the Commission. (B) Chair The chair shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Travel expenses Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Director of Staff (1) In general The Commission shall appoint a Director. (2) Pay The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (f) Staff (1) In general Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel from the public and private sectors. (2) Limitations on appointment The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule. (3) Agency assistance Following consultation with and upon request of the Director, the head of any Federal department or agency shall detail any of the personnel of that department or agency to the Commission to assist the Commission in carrying out its duties under this Act. (4) GAO and OIRA assistance The Comptroller General of the United States and the Administrator of the Office of Information and Regulatory Affairs shall provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (5) Assistance from other parties Congress, the States, municipalities, federally recognized Indian tribes, and local governments may provide assistance, including the detailing of employees, to the Commission in accordance with an agreement entered into with the Commission. (g) Other Authority (1) experts and consultants The Commission may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) property The Commission may lease space and acquire personal property to the extent funds are available. (h) Duties of the Commission (1) In general The Commission shall conduct a review of the Code of Federal Regulations to identify rules and sets of rules that collectively implement a regulatory program that should be repealed to lower the cost of regulation to the economy. The Commission shall give priority in its review to rules or sets of rules that are major rules or include major rules, have been in effect more than 15 years, impose paperwork burdens that could be reduced substantially without significantly diminishing regulatory effectiveness, impose disproportionately high costs on entities that qualify as small entities within the meaning of section 601(6) of title 5, United States Code, or could be strengthened in their effectiveness while reducing regulatory costs. The Commission shall have as its goal to achieve a reduction of at least 15 percent in the cumulative costs of Federal regulation with a minimal reduction in the overall effectiveness of such regulation. (2) Nature of review To identify which rules and sets of rules should be repealed to lower the cost of regulation to the economy, the Commission shall apply the following criteria: (A) Whether the original purpose of the rule or set of rules was achieved, and the rule or set of rules could be repealed without significant recurrence of adverse effects or conduct that the rule or set of rules was intended to prevent or reduce. (B) Whether the implementation, compliance, administration, enforcement or other costs of the rule or set of rules to the economy are not justified by the benefits to society within the United States produced by the expenditure of those costs. (C) Whether the rule or set of rules has been rendered unnecessary or obsolete, taking into consideration the length of time since the rule was made and the degree to which technology, economic conditions, market practices, or other relevant factors have changed in the subject area affected by the rule or set of rules. (D) Whether the rule or set of rules is ineffective at achieving the rule or set’s purposes. (E) Whether the rule or set of rules overlaps, duplicates, or conflicts with other Federal rules, and to the extent feasible, with State and local governmental rules. (F) Whether the rule or set of rules has excessive compliance costs or is otherwise excessively burdensome, as compared to alternatives that— (i) specify performance objectives rather than conduct or manners of compliance; (ii) establish economic incentives to encourage desired behavior; (iii) provide information upon which choices can be made by the public; (iv) incorporate other innovative alternatives rather than agency actions that specify conduct or manners of compliance; or (v) could in other ways substantially lower costs without significantly undermining effectiveness. (G) Whether the rule or set of rules inhibits innovation in or growth of the United States economy, such as by impeding the introduction or use of safer or equally safe technology that is newer or more efficient than technology required by or permissible under the rule or set of rules. (H) Whether or not the rule or set of rules harms competition within the United States economy or the international economic competitiveness of enterprises or entities based in the United States. (I) Such other criteria as the Commission devises to identify rules and sets of rules that can be repealed to eliminate or reduce unnecessarily burdensome costs to the United States economy. (3) Methodology for review The Commission shall establish a methodology for conducting its review (including its overall review and discrete reviews of portions of the Code of Federal Regulations), identifying rules and sets of rules, and classifying rules under this subsection and publish the terms of its methodology in the Federal Register and on an Internet Website of the Commission. The Commission may propose and seek public comment on the methodology before the methodology is established. (4) Classification of rules and sets of rules (A) In general After completion of any review of rules or sets of rules under paragraph (2), the Commission shall classify each rule or set of rules identified in the review to qualify for recommended repeal as either a rule or set of rules— (i) on which immediate action to repeal is recommended; or (ii) that should be eligible for repeal under regulatory cut-go procedures under title II. (B) Decisions by majority Each decision by the Commission to identify a rule or set of rules for classification under this paragraph, and each decision whether to classify the rule or set of rules under subparagraph (A)(i) or, instead, subparagraph (A)(ii), shall be made by a simple majority vote of the Commission. No such vote shall take place until afer all members of the Commission have been confirmed by the Senate. (5) Initiation of review by other persons (A) In general The Commission may also conduct a review under paragraph (2) of, and, if appropriate, classify under paragraph (4), any rule or set of rules that is submitted for review to the Commission by— (i) the President; (ii) a Member of Congress; (iii) any officer or employee of a Federal, State, local or tribal government, or regional governmental body; or (iv) any member of the public. (B) Form of submission A submission to the Commission under this paragraph shall— (i) identify the specific rule or set of rules submitted for review; (ii) provide a statement of evidence to demonstrate that the rule or set of rules qualifies to be identified for repeal under the criteria listed in paragraph (2); and (iii) such other information as the submitter believes may be helpful to the Commission’s review, including a statement of the submitter’s interest in the matter. (i) Notices and reports of the Commission (1) Notices Of And Reports On Activities The Commission shall publish, in the Federal Register and on an Internet Website of the Commission— (A) notices in advance of all public meetings and hearings and classifications under subsection (h) informing the public of the basis, purpose and procedures for the meeting, hearing or classification; and (B) reports after the conclusion of any public meeting, hearing, or classification under subsection (h) summarizing in detail the basis, purpose and substance of the meeting, hearing, or classification. (2) Annual reports to Congress Each year, beginning on the date that is one year after the date by which all Commission members have been confirmed by the Senate, the Commission shall submit a report simultaneously to each House of Congress detailing the activities of the Commission for the previous year, and listing all rules and sets of rules classified under subsection (h) during that year. For each rule or set of rules so listed, the Commission shall— (A) identify the agency that made the rule or set of rules; (B) identify the annual cost of the rule or set of rules to the United States economy and the bases upon which the Commission identified that cost; (C) identify whether the rule or set of rules was classified under subsection (h)(4)(A)(i) or (h)(4)(A)(ii); (D) identify the criteria under subsection (h)(2) that caused the classification of the rule or set of rules and the bases upon which the Commission determined that those criteria were met; (E) for each rule or set of rules listed under the criteria set forth in section 101(h)(2) (B), (D), (F), (G), or (H), or other criteria established by the Commission under subsection (h)(2)(I) under which the Commission evaluated alternatives to the rule or set of rules that could lead to lower regulatory costs, identify alternatives to the rule or set of rules that the Commission recommends the agency consider as replacements for the rule or set of rules and the bases on which the Commission rests its recommendations, and, in identifying such alternatives, emphasize alternatives that will achieve regulatory effectiveness at the lowest cost and with the lowest adverse impacts on jobs; (F) for each rule or set of rules listed under the criteria set forth in section 101(h)(2)(E), the other Federal, State or local governmental rules that the Commission found the rule or set of rules to overlap, duplicate, or conflict with, and the bases for the Commission’s findings; and (G) in the case of each set of rules so listed, analyze whether Congress should also consider repeal of the statutory authority implemented by the set of rules. (3) Final report Not later than the date on which the Commission members’ appointments expire, the Commission shall submit a final report simultaneously to each House of Congress summarizing all activities and recommendations of the Commission, including a list of all rules or sets of rules the Commission classified under subparagraph (h)(4)(A)(i) for immediate action to repeal, a separate list of all rules or sets of rules the Commission classified under subparagraph (h)(4)(A)(ii) for repeal, and with regard to each rule or set of rules listed on either list, the information described in subparagraphs (A) through (F) of paragraph (2). This report may be included in the final annual report of the Commission under paragraph (2) and may include the Commission’s recommendation whether the Commission should be reauthorized by Congress. (j) Repeal of regulations; Congressional consideration of commission reports (1) In general Subject to paragraph (2)— (A) the head of each agency with authority to repeal a rule or set of rules classified by the Commission under subparagraph (h)(4)(A)(i) for immediate action to repeal and newly listed as such in an annual or final report of the Commission under subsection (i) (2) or (3) shall repeal the rule or set of rules as recommended by the Commission within 60 days after the enactment of a joint resolution under paragraph (2) for approval of the recommendations of the Commission in the report; and (B) the head of each agency with authority to repeal a rule or set of rules classified by the Commission under subparagraph (h)(4)(A)(ii) for repeal and newly listed as such in an annual or final report of the Commission under subsection (i) (2) or (3) shall repeal the rule or set of rules as recommended by the Commission pursuant to section 201, following the enactment of a joint resolution under paragraph (2) for approval of the recommendations of the Commission in the report. (2) Congressional approval (A) In general No head of an agency described in paragraph (1) shall be required by this Act to carry out a repeal listed by the Commission in a report transmitted to Congress under subsection (i) (2) or (3) until a joint resolution is enacted, in accordance with the provisions of subparagraph (B), approving such recommendations of the Commission for repeal. (B) Terms of the resolution For purposes of paragraph (A), the term joint resolution means only a joint resolution which is introduced after the date on which the Commission transmits to the Congress under subsection (i) (2) or (3) the report containing the recommendations to which the resolution pertains, and— (i) which does not have a preamble; (ii) the matter after the resolving clause of which is only as follows: That Congress approves the recommendations for repeal of the Retrospective Regulatory Review Commission as submitted by the Commission on ____ , the blank space being filled in with the appropriate date; and (iii) the title of which is as follows: Approving recommendations for repeal of the Retrospective Regulatory Review Commission. . (k) Transfer of funds from regulatory agencies Of the unobligated amounts made available in future fiscal years for each agency that makes rules subject to review by the Commission, up to 1 percent or $25,000,000, whichever is greater, shall be available for the Commission. (l) Consultation between the chairman and the director The Chairman of the Commission shall consult with the Director of the Office of Management and Budget before making requests for agency funds under paragraph (j). II Regulatory Cut-Go 201. Cut-go procedures (a) In general Except as provided in section 101(j)(2)(A) or section 202, an agency, when the agency makes a new rule, shall repeal rules or sets of rules of that agency classified by the Commission under section 101(h)(4)(A)(ii), such that the annual costs of the new rule to the United States economy is offset by such repeals, in an amount equal to or greater than the cost of the new rule, based on the regulatory cost reductions of repeal identified by the Commission. (b) Alternative procedure An agency may, alternatively, repeal rules or sets of rules of that agency classified by the Commission under section 101(h)(4)(A)(ii) prior to the time specified in subsection (a). If the agency so repeals such a rule or set of rules and thereby reduces the annual, inflation-adjusted cost of the rule or set of rules to the United States economy, the agency may thereafter apply the reduction in regulatory costs, based on the regulatory cost reductions of repeal identified by the Commission, to meet, in whole or in part, the regulatory cost reduction required under subsection (a) of this section to be made at the time the agency promulgates a new rule. (c) Achievement of full net cost reductions (1) In general Subject to the provisions of paragraph (2), an agency may offset the costs of a new rule or set of rules by repealing a rule or set of rules listed by the Commission under section 101(h)(4)(A)(ii) that implement the same statutory authority as the new rule or set of rules. (2) Limitation When using the authority provided in paragraph (1), the agency must achieve a net reduction in costs imposed by the agency’s body of rules (including the new rule or set of rules) that is equal to or greater than the cost of the new rule or set of rules to be promulgated, including, whenever necessary, by repealing additional rules of the agency listed by the Commission under section 101(h)(4)(A)(ii). 202. Applicability An agency shall no longer be subject to the requirements of sections 201 and 203 beginning on the date that there is no rule or set of rules of the agency classified by the Commission under section 101(h)(4)(A)(ii) that has not been repealed such that all regulatory cost reductions identified by the Commission to be achievable through repeal have been achieved. 203. OIRA certification of cost calculations The Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget shall review and certify the accuracy of agency determinations of the costs of new rules under section 201. The certification shall be included in the administrative record of the relevant rulemaking by the agency promulgating the rule, and the Administrator shall transmit a copy of the certification to Congress when it transmits the certification to the agency. III Retrospective Review of New Rules 301. Plan for future review When an agency makes a rule, the agency shall include in the final issuance of such rule a plan for the review of such rule by not later than 10 years after the date such rule is made. Such a review, in the case of a major rule, shall be substantially similar to the review by the Commission under section 101(h). In the case of a rule other than a major rule, the agency’s plan for review shall include other procedures and standards to enable the agency to determine whether to repeal or amend the rule to eliminate unnecessary regulatory costs to the economy. Whenever feasible, the agency shall include a proposed plan for review of a proposed rule in its notice of proposed rulemaking and shall receive public comment on the plan. IV Judicial Review 401. Judicial review (a) Immediate repeals Agency compliance with section 101(j) of this Act shall be subject to judicial review under chapter 7 of title 5, United States Code. (b) Cut-Go procedures Agency compliance with title II of this Act shall be subject to judicial review under chapter 7 of title 5, United States Code. (c) plans for future review Agency compliance with section 301 shall be subject to judicial review under chapter 7 of title 5, United States Code. V Miscellaneous Provisions 501. Definitions In this Act: (1) The term agency has the meaning given such term in section 551 of title 5, United States Code. (2) The term Commission means the Retrospective Regulatory Review Commission established under section 101. (3) The term major rule means any rule that the Administrator of the Office of Information and Regulatory Affairs determines is likely to impose— (A) an annual cost on the economy of $100,000,000 or more, adjusted annually for inflation; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, local, or tribal government agencies, or geographic regions; (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; or (D) significant impacts on multiple sectors of the economy. (4) The term set of rules means a set of rules that collectively implements a regulatory authority of an agency. (5) The term rule has the meaning given such term in section 551 of title 5, United States Code. 502. Effective date This Act and the amendments made by this Act shall take effect beginning on the date of enactment.
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113-hr-4875
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I 113th CONGRESS 2d Session H. R. 4875 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Boustany (for himself and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to publish information on the provision of health care by the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Equalizing Transparency for Veterans Act . 2. Publication of information on provision of health care by Department of Veterans Affairs (a) Publication of information (1) In general Not later than two years after the date of the enactment of this Act, and biennially thereafter, the Secretary of Veterans Affairs shall publish on an Internet database of the Department of Veterans Affairs that is publically available information on the provision of health care by the Department of Veterans Affairs. (2) Elements (A) Medical facilities With respect to each medical facility of the Department, including community based outpatient clinics, each publication required by paragraph (1) shall include, at a minimum, the following: (i) The measures regarding inpatient and outpatient care made publically available by the Secretary of Health and Human Services pursuant to section 1886(b)(3)(B)(viii)(VII) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3)(B)(viii)(VII) ), including with respect to emergency department throughput measures, hospital consumer assessment of health-care providers and systems, and the national healthcare safety network. (ii) Per each discharged patient of such a facility— (I) the average length of stay; (II) the opioid prescription rate; and (III) the suicide rate. (iii) The average number of days a patient waited beginning on the date on which an appointment or procedure was requested and ending on the date on which the appointment or procedure occurred. (B) Nursing homes With respect to each nursing home of the Department of Veterans Affairs, each publication required by paragraph (1) shall include, at a minimum, any measures that the Secretary of Health and Human Services makes publically available with respect to Medicare nursing homes. (C) Period covered The information included pursuant to subparagraphs (A) and (B) in each publication required by paragraph (1) shall cover the period that the Secretary of Veterans Affairs determines is equivalent to the period covered by the Secretary of Health and Human Services in publishing similar information. (3) Personal information The Secretary shall ensure that personal information connected to information published under paragraph (1) is protected from disclosure as required by applicable law. (b) Validation The Secretary shall establish a process to validate the information published under subsection (a). Such process shall include the following: (1) An audit of a number of randomly selected medical facilities that is sufficient to ensure the validity of such information. (2) An opportunity for a medical facility described in paragraph (1) to appeal the validation of such information. (c) Annual report Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that includes— (1) a listing of the facilities of the Department that rank within the bottom quartile on each quality measure used by the Secretary to determine such rankings, including, as applicable, the measures used in the database under subsection (a); and (2) a plan to improve each such facility. (d) Comptroller General report Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report setting forth recommendations for additional elements to be included with the information published under subsection (a) to improve the evaluation and assessment of the safety and health of individuals receiving care under the laws administered by the Secretary and the quality of care received by such individuals. (e) Toll-Free hotline on care provided Not later than two years after the date of the enactment of this Act, the Secretary shall— (1) establish a toll-free telephone number for individuals to use to notify the Secretary of low-quality care being provided at a health care facility of the Department of Veterans Affairs; and (2) ensure that patients at such a health care facility, and caregivers of such patients, are informed of such telephone number.
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113-hr-4876
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I 113th CONGRESS 2d Session H. R. 4876 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Carson of Indiana (for himself, Mr. Enyart , Mr. Conyers , Mr. Sablan , and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to provide for contracting preferences and other benefits for emerging business enterprises, and for other purposes.
1. Short title This Act may be cited as the Emerging Business Encouragement Act of 2014 . 2. Emerging Business Enterprises (a) Designation Section 3 of the Small Business Act ( 15 U.S.C. 632 ) is amended by adding at the end the following: (dd) Emerging Business Enterprises (1) In general Not later than the date that is 1 year after the date of enactment of this paragraph, for each industry category for which the Administrator established a size standard under this subsection, the Administrator shall by rule establish procedures for designating a small business concern in that industry category as an emerging business enterprise. Such procedures shall include the criteria under paragraph (2), and a process for appealing decisions of the Administrator on designations. Such a designation shall expire on the date that the small business concern is no longer in compliance with such criteria, except that— (A) in the case of an emerging business enterprise that receives a designation as such but which existed as a business entity prior to such designation, the designation shall not expire by reason of the emerging business enterprise being more than 5 years old; instead, the designation shall expire on the date that is 5 years after the date of the designation; and (B) if the emerging business enterprise exceeds the size limitation described in the criterion under paragraph (2)(A) following designation as an emerging business enterprise, the designation shall expire only if the size is 50 percent or more of the maximum size of a small business concern within that industry category. The rulemaking under this paragraph shall include a procedure for self certification as an emerging business enterprise, for annual submission of documentation establishing eligibility for designation as an emerging business enterprise, and for periodic audits of emerging business enterprises based on such documentation. (2) Criteria for designation The Administrator shall establish criteria for designation of an emerging business enterprise, which shall include the following: (A) Number of employees That the small business concern employs, in the Administrator’s determination a number of employees that is less than the larger of— (i) not more than 10 percent of the number of employees that a small business concern within that industry category may employ, if that small business concern is so classified by reason of a size standard under section 3(a) pertaining to the number of employees of the concern; or (ii) 25 employees. (B) Age of business That the small business concern is, in the Administrator’s determination, not more than 5 years old. (C) Salary requirements That the small business concern does not, in the Administrator’s determination, pay to an individual who owns any part of the concern or who is in a management position a salary greater than 200 percent of the mean annual salary for Managers of Companies and Enterprises or the equivalent from the most recent Employment and Wage Estimates developed by the Secretary of Labor. (3) Public notification The Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns. (4) Contractor training The Administrator shall provide for training regarding Federal procurement on an Internet Web site of the Administrator, which shall be available to the public at no charge. . (b) Contracting preference Section 15(g)(2) of the Small Business Act (15 U.S.C. (g)(2)) is amended by adding at the end the following: (G) Emerging Business Enterprises (i) In general The head of each Federal agency shall, after consultation with the Administrator, establish goals for participation by emerging business enterprises designated under section 3(a)(6) in not less than 5 percent of all contracts, including prime contracts and subcontracts, for each fiscal year. The head of the agency may give preference in making contract awards to such emerging business enterprises and shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in procurement contracts of the agency. (ii) Reports (I) Reports from agencies At the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. Such reports shall contain appropriate justifications for failure to meet the goals established under this subparagraph. (II) Reports to Congress The Administrator shall annually compile and analyze the reports submitted by the individual agencies pursuant to subclause (I) and shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the following: (aa) The goals in effect for each agency and the agency's performance in attaining such goals. (bb) An analysis of any failure to achieve individual agency goals and the actions planned by such agency (and approved by the Administrator) to achieve the goals in the succeeding fiscal year. (cc) The total number and dollar value of prime contracts and subcontracts awarded to emerging business enterprises. (III) Annual Presidential report on the state of small business The President shall include the information required by subclause (II) in each annual report to the Congress on the state of small business prepared pursuant to section 303(a) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(a)). . (c) Amendments to SBA Express Section 7(a)(31) of the Small Business Act ( 15 U.S.C. 636(a)(31) ) is amended by adding at the end the following: (G) Emerging business enterprises (i) In general The Administrator may make a loan under the Express Loan Program to an emerging business enterprise designated under section 3(dd), except that such loans shall be made in accordance with the terms of this subparagraph. (ii) Guaranty rate The guaranty rate of such a loan shall be in accordance with the following: (I) Except as otherwise provided in this clause, 65 percent. (II) Except as provided in subclause (III), if, in a report submitted under clause (iii), the total number of loans made and the total amount loaned by a lender is greater by 10 percent than the prior fiscal year, 75 percent. (III) If, in a report submitted under clause (iii), the total rate of default on loans issued under subclauses (I) and (II) is greater by 10 percent than the prior year, 50 percent in the succeeding fiscal year. (iii) Reports On the date that is 1 year after the end of the first fiscal year for which a loan is first guaranteed under this subparagraph, and annually thereafter, each lender making a loan guaranteed under this section shall report to the Administrator the total number of loans made during the preceding fiscal year, the total amount loaned, and the default rate for all guaranteed loans. (iv) Verification A lender making a loan guaranteed under this section shall verify the status of a business concern as an emerging business enterprise before issuing a loan. (v) Sanction If a business concern has received a loan under this subparagraph and that business concern has fraudulently misrepresented its status as an emerging business enterprise, that business concern shall repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan), and shall in addition pay a fine in an amount determined by the Administrator. . 3. Rulemakings (a) Self-Certification Not later than 180 days after the date of enactment of this Act, the Administrator shall by rule establish a process for initial self-certification of emerging business enterprises for purposes of participation in Federal contracts, and eligibility for Express Loans under section 7(a)(31)(G) of the Small Business Act.
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113-hr-4877
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I 113th CONGRESS 2d Session H. R. 4877 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Ms. Bass (for herself, Mr. Connolly , Mr. Cicilline , and Mr. Smith of Washington ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Millennium Challenge Act of 2003 to authorize concurrent compacts for purposes of regional economic integration and cross-border collaborations, and for other purposes.
1. Short title This Act may be cited as the Millennium Compacts for Regional Economic Integration Act or M–CORE Act . 2. Findings Congress finds the following: (1) For more than a decade, six of the world’s 10 fastest growing economies are located in sub-Saharan Africa. (2) Many African nations are landlocked and their economies are isolated and will require greater support to benefit from regional integration of markets, infrastructure, and trade promotion type policies. (3) By connecting isolated African economies, there exists the potential to increase investment opportunities and support market-based growth. (4) While the African continent has experienced positive economic growth trends, successfully addressing the continent's infrastructure gaps could increase gross domestic product growth by an estimated two percent. (5) In recent years, the World Bank has doubled its investment in African regional integration from $1.8 billion to $3.6 billion for projects to address infrastructure deficiencies, unemployment, and poverty reduction. (6) African nations, including regional economic bodies, have increasingly realized that a key driver to economic growth must involve greater cross-border collaboration and regional economic integration to address deficiencies in areas such as communications, transport, and energy networks. (7) The Millennium Challenge Corporation’s compacts have increased access to reliable power, enhanced highway corridors, and upgraded regional trading hubs, thereby promoting economic growth and cross-border engagement between and among African nations. 3. Purpose This purpose of this Act is to expand the Millennium Challenge Corporation’s ability to develop compacts with nations, particularly in Africa, that promote regional economic integration and cross-border collaborations. 4. Millennium Challenge Compact (a) Concurrent compacts Section 609 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7708 ) is amended— (1) by striking the first sentence of subsection (k); and (2) by inserting after subsection (k) the following new subsection: (l) Concurrent compacts In accordance with the requirements of this title, an eligible country and the United States may enter into and have in effect more than one Compact at any given time, including a concurrent Compact for purposes of regional economic integration or cross-border collaborations, only if the Board determines that the country is making considerable and demonstrable progress in implementing the terms of existing Compacts and supplementary agreements thereto. . (b) Applicability The amendments made by subsection (a) apply with respect to Compacts entered into between the United States and an eligible country under the Millennium Challenge Act of 2003 before, on, or after the date of the enactment of this Act. (c) Conforming amendment Section 613(b)(2)(A) of such Act ( 22 U.S.C. 7712(b)(2)(A) ) is amended by striking “the” before “Compact” and inserting “any”.
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113-hr-4878
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I 113th CONGRESS 2d Session H. R. 4878 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Collins of Georgia (for himself, Mr. Crowley , Mr. Boustany , Ms. Linda T. Sánchez of California , Mr. Neal , and Mr. Nunes ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the special expensing rules for certain film and television productions and to provide for special expensing for live theatrical productions.
1. Short title This Act may be cited as the Facilitating Investments in Local Markets Act or the FILM Act . 2. Extension of special expensing rules for certain film and television productions; special expensing for live theatrical productions (a) In general Subsection (f) of section 181 of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Application to live productions (1) In general Paragraph (1) of section 181(a) of the Internal Revenue Code of 1986 is amended by inserting , and any qualified live theatrical production, after any qualified film or television production . (2) Conforming amendments Section 181 of the Internal Revenue Code of 1986 is amended— (A) by inserting or any qualified live theatrical production after qualified film or television production each place it appears in subsections (a)(2), (b), and (c)(1), (B) by inserting or qualified live theatrical productions after qualified film or television productions in subsection (f), and (C) by inserting and live theatrical after film and television in the heading. (3) Clerical amendment The item relating to section 181 in the table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended to read as follows: Sec. 181. Treatment of certain qualified film and television and live theatrical productions. . (c) Qualified live theatrical production Section 181 of the Internal Revenue Code of 1986 is amended— (1) by redesignating subsections (e) and (f), as amended by subsections (a) and (b), as subsections (f) and (g), respectively, and (2) by inserting after subsection (d) the following new subsection: (e) Qualified live theatrical production For purposes of this section— (1) In general The term qualified live theatrical production means any production described in paragraph (2) if 75 percent of the total compensation of the production is qualified compensation (as defined in subsection (d)(3)). (2) Production (A) In general A production is described in this paragraph if such production is a live staged production of a play (with or without music) which is derived from a written book or script and is produced or presented by a taxable entity in any venue which has an audience capacity of not more than 3,000 or a series of venues the majority of which have an audience capacity of not more than 3,000. (B) Touring companies, etc In the case of multiple live staged productions— (i) for which the election under this section would be allowable to the same taxpayer, and (ii) which are— (I) separate phases of a production, or (II) separate simultaneous stagings of the same production in different geographical locations (not including multiple performance locations of any one touring production), each such live staged production shall be treated as a separate production. (C) Phase For purposes of subparagraph (B), the term phase with respect to any qualified live theatrical production refers to each of the following, but only if each of the following is treated by the taxpayer as a separate activity for all purposes of this title: (i) The initial staging of a live theatrical production. (ii) Subsequent additional stagings or touring of such production which are produced by the same producer as the initial staging. (D) Exception A production is not described in this paragraph if such production includes or consists of any performance of conduct described in section 2257(h)(1) of title 18, United States Code. . (d) Effective dates (1) In general The amendments made by this section shall apply to productions commencing after December 31, 2013. (2) Commencement For purposes of paragraph (1), the date on which a qualified live theatrical production commences is the date of the first public performance of such production for a paying audience.
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113-hr-4879
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I 113th CONGRESS 2d Session H. R. 4879 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Cooper (for himself and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide for expedited review of drugs and biological products to provide safer or more effective treatment for males or females, to amend the Public Health Service Act to enhance the consideration of sex differences in basic and clinical research, and for other purposes.
1. Short title This Act may be cited as the Research for All Act of 2014 . 2. Sufficiency of design and size of clinical trials during expedited review The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall review and develop policies, as appropriate, to ensure that the design and size of clinical trials for products granted expedited approval pursuant to section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) are sufficient to determine the safety and effectiveness of such products for men and women using subgroup analysis. 3. Expedited review of drugs and biological products to provide safer or more effective treatment for males or females (a) In general Section 506 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356 ) is amended by adding at the end the following: (g) Expedited review of drugs and biological products To provide safer or more effective treatment for males or females (1) Eligible product The Secretary shall, at the request of the sponsor of a new drug, facilitate the development and expedite the review of such drug if the drug— (A) is intended— (i) to avoid serious adverse events; or (ii) to treat a serious or life-threatening disease or condition; (B) whether alone or in combination with one or more other drugs or biological products, is intended for safer or more effective treatment for men or women than a currently available product approved to treat the general population or the other sex; and (C) is supported by results of clinical trials that include and separately examine outcomes for both men and women. (2) Designation At the request of the sponsor of an eligible product described in paragraph (1), the Secretary shall designate the drug as an expedited product to provide safer or more effective treatment for males or females. (3) Early and frequent communication The Secretary shall, with respect to each expedited product designated under this subsection, provide early and frequent communication and review of incomplete applications to the same extent and in the same manner as is provided under subsections (b) and (d). (4) Rule of construction Nothing in this subsection shall be construed— (A) to lessen or otherwise alter the standard of safety and effectiveness required for the approval or licensing of drugs or biological products under section 505 of this Act or section 351 of the Public Health Service Act; or (B) to authorize application of the provisions of subsection (c) (relating to the use of surrogate endpoints) to expedited products designated under this subsection. . (b) Technical corrections Subsection (f) of section 506 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356 ) (relating to awareness efforts), as designated by section 902(a) of Public Law 112–144, is amended— (1) in paragraph (1), by striking and and and inserting and ; and (2) by moving such subsection (f) so that it follows subsection (e) of such section 506. 4. Research on sex differences (a) Inclusion in NIH research (1) In general Section 492B of the Public Health Service Act ( 42 U.S.C. 289a–2 ) is amended— (A) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (B) by inserting after subsection (a) the following: (b) Inclusion of sex differences in basic research (1) Applicability to basic research (A) In general The Director of NIH shall determine when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. (B) Deadline for initial determination; updates The Director of NIH— (i) shall make the initial determinations required by subparagraph (A) not later than one year after the date of enactment of the Research for All Act of 2014 ; and (ii) may subsequently update or revise such determinations as the Director determines appropriate. (C) Consultation In making the initial determinations required by subparagraph (A), the Director of NIH— (i) shall consult with the Office of Research on Women's Health, the Institute of Medicine, the Office of Laboratory Animal Welfare, and appropriate members of the scientific and academic communities; and (ii) may conduct outreach and educational initiatives within the scientific and academic communities on the influence of sex as a variable in basic research in order to develop a consensus within such communities on when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. (2) Inclusion Beginning on the date that is 1 year after the date of enactment of the Research for All Act of 2014 , in conducting or supporting basic research in accordance with paragraph (1), the Director of NIH shall, subject to paragraph (3), ensure that— (A) in the case of research on cells or tissues— (i) cells or tissues, as applicable, are derived from both male and female organisms in each project of such research; and (ii) the results are disaggregated according to whether the cells or tissues are derived from male or female organisms; and (B) in the case of animal research— (i) both male and female animals are included as subjects in each project of such research; and (ii) the results are disaggregated according to whether the subjects are male or female. (3) Exception Paragraph (2) shall not apply to a project of basic research if the Director of NIH determines that the inclusion of cells or tissues derived from both male and female organisms, or the inclusion of both male and female animals as subjects, as applicable, is inappropriate in the case of such project. . (2) Design of research Subsection (d) of section 492B of the Public Health Service Act ( 42 U.S.C. 289a–2 ), as redesignated, is amended— (A) by striking (d) and all that follows through In the case and inserting the following: (d) Design of research (1) Clinical trials In the case ; and (B) by adding at the end the following: (2) Basic research In the case of basic research in which cells or tissues derived from both male and female organisms will be included in accordance with subsection (b)(2)(A) or both male and female animals will be included as subjects in accordance with subsection (b)(2)(B), the Director of NIH shall ensure that sex differences are examined and analyzed, as appropriate. . (3) Updating guidelines for clinical and basic research Section 492B(f)(1) of the Public Health Service Act ( 42 U.S.C. 289a–2 ), as redesignated, is amended to read as follows: (1) Date certain; update The guidelines required in subsection (e) regarding the requirements of this section for clinical and basic research shall— (A) be updated and published in the Federal Register not later than 1 year after the date of enactment of the Research for All Act of 2014 ; (B) reflect the growing understanding that sex differences matter; (C) ensure better enforcement of the requirements of this section by the personnel of the agencies of the National Institutes of Health responsible for reviewing grant proposals; and (D) include guidance on when research strongly supports or strongly negates the conclusion that there is a significant difference in how the variables being studied affect women or members of minority groups, as the case may be, relative to how such variables affect other subjects in the research. . (4) Applicability Section 492B(f)(2) of the Public Health Service Act ( 42 U.S.C. 289a–2 ), as redesignated, is amended by adding at the end the following: For fiscal year 2016 and subsequent fiscal years, the Director of NIH may not approve any proposal of basic research to be conducted or supported by any agency of the National Institutes of Health unless the proposal specifies the manner in which the research will comply with this section. . (5) Conforming changes Section 492B of the Public Health Service Act ( 42 U.S.C. 289a–2 ) is amended— (A) in the heading of subsection (a), by striking Requirement of inclusion and inserting Inclusion in clinical research ; (B) in subsection (a)(1), by striking subsection (b) and inserting subsection (c) ; (C) in subsection (e)(1)(A), as redesignated, by striking subsection (b) and inserting subsection (c) ; (D) in subsection (e)(1)(B), as redesignated, by striking subsection (c) and inserting subsection (d) ; and (E) in subsection (e)(2), as redesignated, by striking subsection (b) and inserting subsection (c) . (b) Biennial reports of Director of NIH Subparagraph (C) of section 403(a)(4) of the Public Health Service Act ( 42 U.S.C. 283(a)(4) ) is amended— (1) by redesignating clause (vi) as clause (vii); and (2) by inserting after clause (v) the following: (vi) Basic research, including a breakdown of the sex of organisms from which cells and tissues are derived, a breakdown of the sex of animal subjects, and such other information as may be necessary to demonstrate compliance with section 492B (regarding sex differences in basic research). . (c) Special Centers of Research on Sex Differences Part H of title IV of the Public Health Service Act is amended by inserting after section 492B of such Act ( 42 U.S.C. 289a–2 ) the following: 492C. Special Centers of Research on Sex Differences The Secretary may award grants or other support to entities for the continued operation and expansion of Special Centers of Research on Sex Differences. . (d) Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to lessen any standard or requirement set forth in part 1, 2, or 3 of subchapter A of chapter I of title 9, Code of Federal Regulations. 5. GAO reports Not later than 1 year after the date of enactment of the Research for All Act of 2014 , the Comptroller General of the United States shall— (1) submit to the Congress updated versions of the reports of the Government Accountability Office entitled Women’s Health: NIH Has Increased Its Efforts To Include Women in Research (published in May 2000; GAO/HEHS–00–96) and Women’s Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement (published in July 2001; GAO–01–754); and (2) in such updated reports— (A) examine the inclusion of women, female animals, and female-derived cells and tissues in federally funded research over the past decade; (B) examine how Federal agencies report and analyze subgroup information and translate any differences to the medical community and patients; (C) determine whether the quality of care which women receive is being negatively impacted by inclusion rates in basic and clinical research; and (D) address current efforts within National Institutes of Health and other government agencies to encourage the sharing of research data on sex differences and evaluate mechanisms to improve such sharing, including a publicly accessible online system that will conform with policies protecting commercial, proprietary, or private information.
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113-hr-4880
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I 113th CONGRESS 2d Session H. R. 4880 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Ms. Matsui (for herself, Mr. Waxman , and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Communications Commission to promulgate regulations that prohibit certain preferential treatment or prioritization of Internet traffic.
1. Short title This Act may be cited as the Online Competition and Consumer Choice Act of 2014 . 2. FCC regulations prohibiting certain preferential treatment or prioritization of Internet traffic (a) In general Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations that— (1) prohibit a broadband provider from entering into an agreement with an edge provider under which the broadband provider agrees, for consideration, in transmitting network traffic over the broadband Internet access service of an end user, to give preferential treatment or priority to the traffic of such edge provider over the traffic of other edge providers; and (2) prohibit a broadband provider, in transmitting network traffic over the broadband Internet access service of an end user, from giving preferential treatment or priority to the traffic of content, applications, services, or devices that are provided or operated by such broadband provider, or an affiliate of such broadband provider, over the traffic of other content, applications, services, or devices. (b) Rules of construction (1) Certain traffic not affected Nothing in this section shall be construed as superseding any obligation or authorization a broadband provider may have to address the needs of emergency communications or law enforcement, public safety, or national security authorities, consistent with or as permitted by applicable law, or as limiting the ability of the provider to do so. (2) Clarification of authority Nothing in this section shall be construed as limiting the authority of the Commission under any other provision of law, including the authority to promulgate regulations prohibiting or limiting preferential treatment or prioritization of the traffic of an edge provider by a broadband provider under GN Docket No. 14–28 (relating to the matter of protecting and promoting the open Internet). (c) Enforcement For purposes of sections 503(b) and 504 of the Communications Act of 1934 ( 47 U.S.C. 503(b) ; 504), this section shall be considered to be a part of such Act. With respect to enforcement under this section only, the following modifications of such section 503(b) shall apply: (1) Paragraph (5) shall not apply. (2) Paragraph (6) shall be applied by substituting the following: No forfeiture penalty shall be determined or imposed against any person under this subsection if the violation charged occurred more than 3 years prior to the date of issuance of the required notice or notice of apparent liability. . (d) Definitions In this section: (1) Affiliate The term affiliate has the meaning given such term in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). (2) Broadband Internet access service The term broadband Internet access service has the meaning given such term in section 8.11 of title 47, Code of Federal Regulations. (3) Broadband provider The term broadband provider means a provider of broadband Internet access service. (4) Commission The term Commission means the Federal Communications Commission. (5) Edge provider The term edge provider means an individual, institution, or other entity that provides— (A) any content, application, or service over the Internet; or (B) a device used for accessing any content, application, or service over the Internet. (6) End user The term end user means an individual, institution, or other entity that uses a broadband Internet access service.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4880ih/xml/BILLS-113hr4880ih.xml
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113-hr-4881
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I 113th CONGRESS 2d Session H. R. 4881 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Neugebauer (for himself, Mr. Ross , Mr. Pittenger , Mr. Bachus , Mr. Stivers , and Mrs. Wagner ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To place a 6-month moratorium on the authority of the Financial Stability Oversight Council to make financial stability determinations.
1. Moratorium Before the end of the 6-month period beginning on the date of the enactment of this Act, the Financial Stability Oversight Council may not make a determination under section 113 of the Financial Stability Act of 2010 ( 12 U.S.C. 5323 ) that a nonbank financial company (as defined under section 102 of such Act) shall be supervised by the Board of Governors of the Federal Reserve System and subject to prudential standards.
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113-hr-4882
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I 113th CONGRESS 2d Session H. R. 4882 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Schweikert introduced the following bill; which was referred to the Committee on Armed Services A BILL To achieve operational control of the international border between the United States and Mexico through the deployment of members of the National Guard in support of the United States Customs and Border Protection, and for other purposes.
1. Short title This Act may be cited as the Southwest Border Protection Act of 2014 . 2. Activation and deployment of members of the National Guard to support Department of Homeland Security border control activities along international border between the United States and Mexico (a) Expanded deployment of National Guard At the request of a Governor of a State that shares a portion of the international border between the United States and Mexico, the Secretary of Defense shall order to active duty, and provide for the deployment of, members of the National Guard along such border to assist United States Customs and Border Protection in achieving operational control of such border. (b) Number of Guardsmen deployed At least 10,000 members of the National Guard shall be ordered to active duty and deployed under the authority of this section along the international border between the United States and Mexico. Members ordered to active duty and deployed under the authority of this section shall be in addition to the number of members of the National Guard so deployed along such border as of the date of the enactment of this Act. (c) Duration The deployment of members of the National Guard under the authority of this section in a State that shares a portion of the international border between the United States and Mexico shall continue until the earlier of the following: (1) The date on which the Secretary of Homeland Security certifies that the Federal Government has achieved operational control of such border. (2) The date on which the Governor of the State withdraws the request made under subsection (a). (d) Exemption from end strengths and other limitations Members of the National Guard deployed under the authority of this section shall not be counted toward— (1) any limits on end strength; or (2) limits on the number of National Guard personnel that may be placed on active duty for operational support. (e) Operational control defined In this section, the term operational control has the meaning given that term in section 2(b) of the Secure Fence Act of 2006 (Public Law 109–367; 8 U.S.C. 1701 note).
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113-hr-4883
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I 113th CONGRESS 2d Session H. R. 4883 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Armed Services A BILL To provide for the establishment of a National Rare-Earth Refinery Cooperative, and for other purposes.
1. Short title This Act may be cited as the National Rare-Earth Cooperative Act of 2014 . 2. Findings; statement of policy (a) Findings Congress makes the following finding: (1) Heavy rare-earth elements are critical for the national defense of the United States, advanced energy technologies, and other desirable commercial and industrial applications. (2) The Government Accountability Office has confirmed that the monopoly control of the People’s Republic of China over the rare-earth value chain has resulted in vulnerabilities in the procurement process of multiple United States weapons systems. (3) China has leveraged its monopoly control over the rare-earth value chain to force American, European, Japanese, and Korean corporations to transfer manufacturing facilities, technology, and jobs to China in exchange for secure supply contracts. (4) China’s increasingly aggressive mercantilist behavior has resulted in involuntary transfers of technology, manufacturing facilities, and jobs as well as onerous trade imbalances with the United States and trading partners of the United States. (5) Direct links exist between heavy rare-earth mineralogy and thorium. (6) Thorium is a mildly radioactive element commonly associated with the lanthanide elements in the most heavy rare-earth deposits that are located in the United States and elsewhere. (7) Regulations regarding thorium represent a barrier to the development of the heavy rare-earth industry that is based in the United States. (8) Balancing the strategic national interest objectives of the United States against economic and environmental risks is best met through the creation of a rare-earth cooperative. (9) A rare-earth cooperative could— (A) greatly increase rare-earth production; (B) ensure environmental safety; and (C) lower the cost of production and financial risks faced by rare-earth producers in the United States. (10) Historically, agricultural and electric cooperatives have stood as some of the greatest success stories of the United States. (b) Statement of policy It is the policy of the United States to advance domestic refining of heavy rare-earth materials and the safe storage of thorium in anticipation of the potential future industrial uses of thorium, including energy, as— (1) thorium has a mineralogical association with valuable heavy rare-earth elements; (2) there is a great need to develop domestic refining capacity to process domestic heavy rare-earth deposits; and (3) the economy of the United States would benefit from the rapid development and control of intellectual property relating to the commercial development of thorium-utilizing technology. 3. Definitions In this Act: (1) Actinide The term actinide means all elements with atomic numbers of 89 or greater on the periodic table. (2) Consumer member (A) In general The term consumer member means a member of the Cooperative that is— (i) an entity that is part of, or has a role in, the value chain for rare-earth materials or rare-earth products, including from the refined oxide state to the stage in which the rare-earth elements are finished in any physical or chemical form (including oxides, metals, alloys, catalysts, or component); or (ii) a consumer of rare-earth products. (B) Inclusions The term consumer member includes— (i) a producer of or other entity that is part of the value chain for rare-earth materials, including original equipment manufacturer producers, whose place of business is located in or outside the United States; (ii) a defense contractor or contractors in the United States; and (iii) any government agency in the United States or outside the United States that invests in the Cooperative. (3) Cooperative The term Cooperative means the Thorium-Bearing Rare-Earth Refinery Cooperative established by section 4(a)(1). (4) Cooperative board The term Cooperative Board means the Board of Directors of the Cooperative established under section 4(b)(2). (5) Corporation The term Corporation means the Thorium Storage, Energy, and Industrial Products Corporation established under section 5(a)(1). (6) Corporation board The term Corporation Board means the Board of Directors of the Corporation established under section 5(b)(1). (7) Executive committee The term Executive Committee means the executive committee established under section 5(b)(2). (8) Initial board of directors The term Initial Board of Directors means the initial Board of Directors for the Cooperative established under section 4(b)(1)(A). (9) Institution of higher education The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (10) National laboratory The term national laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (11) Secretary The term Secretary means the Secretary of Defense. (12) Supplier member The term supplier member means a rare-earth producer that enters into a contract to supply the Cooperative with rare-earth ores. (13) Tolling The term Tolling means a fee-for-services contract between the Cooperative and a primary rare-earth producer under which— (A) the producer retains ownership and control of the finished product; and (B) pays to the Cooperative a fee for services rendered by the Cooperative. (14) Unprocessed and unrefined ore The term unprocessed and refined ore includes any ores or residual ores resulting from the mining, extraction, beneficiation, and processing of other natural resources. 4. Thorium-Bearing Rare-Earth Refinery Cooperative (a) Establishment (1) In general There is established a Cooperative, to be known as the Thorium-Bearing Rare-Earth Refinery Cooperative , to provide for the domestic processing of thorium-bearing rare-earth concentrates as residual unprocessed and unrefined ores, in accordance with 10 CFR 40.12 and 13b as it relates to the Cooperative. (2) Federal charter; ownership The Cooperative shall operate under a Federal charter. (3) Membership (A) Composition The Cooperative shall comprise— (i) supplier members; and (ii) consumer members. (B) Supplier members (i) In general As a condition of entering into a contract to supply the Cooperative with rare-earth ores, supplier members provide rare-earth concentrates to the Cooperative at market price. (ii) Capital contributions Any supplier member that makes significant capital contributions to the Cooperative, as determined by the Cooperative Board, may become a consumer member for purposes of the distribution of profits of the Cooperative under subparagraph (D). (C) Consumer member A consumer member— (i) shall make capital contributions to the Cooperative in exchange for entering into negotiated supply agreements; and (ii) in accordance with the agreements entered into under clause (i), may acquire finished rare-earth products from the Cooperative at market price. (D) Distribution of profits Any profits of the Cooperative shall be distributed between supplier members and consumer members in accordance with a formula established by the Cooperative Board. (b) Management (1) Initial board of directors (A) In general As soon as practicable after the date of the enactment of this Act, the Secretary shall appoint the Initial Board of Directors for the Cooperative, comprised of five members, of whom— (i) one member shall represent the Defense Logistics Agency Strategic Materials program of the Department of Defense; (ii) one member shall represent the Assistant Secretary of Defense for Research and Engineering; (iii) one member shall represent United States advocacy groups for rare-earth producers and original equipment manufacturing interests; (iv) one member shall represent the United States Geological Survey; and (v) one member who shall— (I) not be affiliated with a Federal agency; and (II) be recommended for appointment by a majority vote of the other members of the Initial Board of Directors appointed under clauses (i) through (iv). (B) Duties The Initial Board of Directors shall— (i) establish the charter, bylaws, and rules of governance for the Cooperative; (ii) make formative business decisions on behalf of the Cooperative; and (iii) assist in the formation of, and the provision of tasks and assignments to, the Corporation. (C) Standing member The member appointed under subparagraph (A)(v) shall remain on the Cooperative Board and Corporation Board, until such time as— (i) the member voluntarily resigns; or (ii) a majority of the members of the Cooperative Board and a majority of the members of the Corporation Board vote to remove the member from the Cooperative Board and the Corporation Board. (D) Termination The Initial Board of Directors shall terminate on the date on which the initial members of the Cooperative Board are appointed under paragraph (2). (2) Board of directors (A) In general The Board of Directors of the Cooperative shall comprise nine members, to be selected in accordance with the bylaws of the Cooperative established under paragraph (1)(B)(i), of whom— (i) five members shall be consumer members; (ii) two members shall be supplier members; (iii) one member shall represent an advocacy group for defense contractors, other rare-earth consumers, and suppliers who are not represented by the Board or through direct ownership in the Cooperative; and (iv) one member shall be the member of the Initial Board of Directors appointed under paragraph (1)(A)(v). (B) Powers The Cooperative Board may— (i) prescribe the manner in which business shall be conducted by the Cooperative; (ii) determine pay-out ratio formulas for consumer members and supplier members, based on— (I) the capital stock ratios of consumer members; and (II) the value of supply member contracts, as determined based on the volume, term, and distributions of rare-earth concentrates relative to processing costs; and (iii) evaluate technologies and processes for the efficient extraction and refining of rare-earth materials from various thorium-bearing ores. (C) Refinery and office locations The Cooperative Board shall establish the refinery and offices for the Cooperative at any locations determined to be appropriate by the Cooperative Board. (c) Powers; duties (1) Investment partnerships The Cooperative shall seek to enter into domestic and international investment partnerships for the development of the refinery. (2) Agreements; direct sales The Cooperative may— (A) enter into equity, financial, and supply-based agreements or arrangements with value-added intermediaries, equipment manufacturers, or consumers of rare-earth products, and Federal, State, or local agencies to provide economic incentives, leases, or public financing; and (B) engage in direct market sales of rare-earth products. (3) Supply contracts and tolling services (A) In general The Cooperative may— (i) directly purchase rare-earth materials obtained from any byproduct producers of rare-earths; (ii) transport those materials as unprocessed and unrefined ores, in accordance with part 40 of title 10, Code of Federal Regulations (parts 12–13b, or any corresponding similar regulation or ruling); (iii) offer non-member supplier short-term or direct purchase contracts; and (iv) allow primary rare-earth producers to be tolling customers of the Cooperative. (B) Requirements A tolling customer under subparagraph (A)(iii) shall— (i) retain control of the rare-earth products during the processing, refining, or value adding of the rare-earth products by the Cooperative; and (ii) take possession of the rare-earth products after— (I) tolling services are rendered by the Cooperative; and (II) the Cooperative has received payment in full for the tolling services rendered. (C) Fee The Cooperative may charge tolling customers under subparagraph (A)(iii) a tolling fee not to exceed the sum of— (i) the amount equal to 110 percent of the total cost for tolling services rendered by the Cooperative on behalf of the tolling customer; and (ii) the amount equal to five percent of the market value of the finished product provided to the tolling customer by the Cooperative. (D) Applicable law Any contract among consumer members, supplier members, tolling customers, and direct purchase suppliers entered into under subparagraph (A)(iii) shall be protected as provided in sub section 552(b)(4) of title 5, United States Code. (E) Limitations A direct purchase non-member supplier under subparagraph (A)(ii) or a tolling customer under subparagraph (A)(iii)— (i) shall not be considered to be a supplier member or otherwise be considered a member of the Cooperative for purposes of this Act; and (ii) shall not participate in Cooperative profits or have voting rights with respect to the Cooperative. (d) Audits (1) In general The Cooperative shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Cooperative for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of governance of the Cooperative. (2) Reports The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Cooperative, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) Review by comptroller general The Comptroller General of the United States shall— (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (e) Reimbursement of Federal Government Not later than seven years following the date of the enactment of this Act, the Cooperative shall reimburse the Federal Government for administrative costs associated with the establishment of its charter. 5. Thorium Storage, Energy, and Industrial Products Corporation (a) Establishment (1) In general As soon as practicable after the date of the enactment of this Act, the Cooperative Board, in consultation with the Secretary of Defense, shall establish the Thorium Storage, Energy, and Industrial Products Corporation to develop uses and markets for thorium, including energy. (2) Federal charter The Corporation shall operate under a Federal charter. (b) Management (1) Board of directors (A) In general The Board of Directors of the Corporation shall comprise five members. (B) Initial members The initial members of the Corporation Board shall consist of the following members, to be appointed by the Secretary of Defense: (i) one member, who shall represent the Assistant Secretary of Defense for Research and Engineering; (ii) a J–7 who will represent the Director of the Joint Chiefs of Staff; (iii) one member, who shall represent United States advocacy groups for commercial development of thorium in nuclear energy systems; (iv) one member, who shall represent a national laboratory; and (v) one member, who is the member of the Initial Board of Directors appointed under section 4(b)(1)(A)(v). (C) Subsequent members Subject to subparagraphs (A) and (D), subsequent members of the Corporation Board and Executive Committee shall be appointed in accordance with bylaws of the Corporation established under paragraph (2)(B)(i). (D) Standing members The initial members appointed under clauses (iv) and (v) of subparagraph (B) shall remain on the Corporation Board and the Executive Committee, until such time as— (i) the members voluntarily resign; (ii) in the case of a member appointed under subparagraph (B)(iv), a majority of the members of the Corporation Board votes to remove the member from the Corporation Board; or (iii) in the case of a member appointed under subparagraph (B)(v), a majority of the members of the Corporation Board votes to remove the member from the Corporation Board and the Cooperative Board. (2) Executive committee (A) In general The Executive Committee for the Corporation shall comprise the initial members of the Corporation Board appointed under clauses (iv) and (v) of paragraph (1)(B). (B) Duties The Executive Committee shall— (i) establish the charter, bylaws, rules of governance, and corporate structure for the Corporation; and (ii) make formative business decisions with respect to the Corporation. (c) Powers (1) Establishment of subsequent entities (A) In general The Corporation may establish one or more entities, to be known as an Industrial Products Corporation for the certification, licensing, insuring, and commercial development of all non-energy uses for thorium (including thorium isotopes and thorium daughter elements), including— (i) alloys; (ii) catalysts; (iii) medical isotopes; and (iv) other products. (B) Authority of entities The entities described in subparagraph (A) may— (i) develop standards, procedures, and protocols for the approval of commercial and industrial applications for thorium; (ii) carry out directly the production and sale of thorium-related non-energy products; and (iii) sell or license any production or sales rights to third parties. (C) Sale or distribution of industrial products corporation; creation of businesses and partnerships To develop and commercialize non-energy uses for thorium, the corporation Board may— (i) create, sell, or distribute the equity of an entity described in subparagraph (A); and (ii) establish partnerships with Federal agencies, foreign governments, and private entities relating to businesses and activities of the entity. (2) Sale or distribution of corporation equity; creation of partnerships To develop and commercialize thorium energy, the Corporation may sell or distribute equity and establish partnerships with the United States, foreign governments, and private entities— (A) to create capital; (B) to develop intellectual property; (C) to acquire technology; (D) to establish business partnerships and raw material supply chains; (E) to develop commercial thorium energy systems; (F) to develop commercial systems for the reduction of spent fuel; (G) to develop hardened energy systems for the United States military; and (H) to develop process heat technologies systems for coal-to-liquid fuel separation, desalinization, chemical synthesis, and other applications. (d) Duties (1) Ownership of thorium and related actinides The Corporation shall— (A) on a preprocessing basis, assume liability for and ownership of all thorium and mineralogically associated or related actinides and decay products contained within the monazite and other rare-earth mineralizations in the possession of the cooperative; (B) separate the thorium from the rare-earth concentrates, take physical possession and safely store all thorium-containing actinide byproducts, with the costs of the storage to be paid by the Corporation from fees charged or revenue from sales of other valuable actinides and decay products, and thus after— (i) develop new markets and uses for thorium; (ii) develop energy systems that utilize thorium; and (iii) develop, manage, and control national and international energy leasing and distribution platforms related to thorium energy systems. (2) Safe, long-term storage; development of uses and markets The Corporation shall— (A) in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, be responsible for the safe, long-term storage of all thorium and thorium decay products generated through the Cooperative, consistent with part 192 of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act), while taking into account the low relative risks relating to thorium; and (B) develop uses and markets for thorium, including energy, by coordinating and structuring domestic and international investment partnerships for the development of commercial and industrial uses for thorium. (e) Audits (1) In general The Corporation shall retain an independent auditor to evaluate the extent to which Federal funds, if any, made available to the Corporation for research and development activities have been expended in a manner that is consistent with the purposes of this Act and the charter, bylaws, and rules of governance of the Corporation. (2) Reports The auditor retained under paragraph (1) shall submit to the Secretary of Defense, the Corporation, and the Comptroller General of the United States an annual report containing the findings and determinations of the auditor. (3) Review by comptroller general The Comptroller General of the United States shall— (A) review each annual report submitted to the Comptroller General by the auditor under paragraph (2); and (B) submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report containing the comments of the Comptroller General on the accuracy and completeness of the report and any other matters relating to the report that the Comptroller General considers appropriate. (f) Reimbursement of Federal Government Not later than seven years after the date of the enactment of this Act, the Corporation shall reimburse the Federal Government for the administrative costs associated with the establishment of its charter. 6. Duties of Secretary of Defense (a) Advancement of rare-Earth initiatives The Secretary shall coordinate with other Federal agencies to advance and protect— (1) domestic rare-earth mining; (2) the refining of rare-earth elements; (3) basic rare-earth metals production; and (4) the development and commercialization of thorium, including— (A) energy technologies and products; and (B) products containing thorium. (b) Annual reports Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that, for the period covered by the report— (1) contains a description of the progress in the development of— (A) a domestic rare-earth refining capacity; and (B) commercial uses and energy-related uses for thorium; and (2) takes into account each report submitted to the Secretary by the Cooperative and the Corporation. (c) Federal agencies; national laboratories Each Federal agency (including the Nuclear Regulatory Commission and the Defense Advanced Research Projects Agency), each national laboratory, and each facility funded by the Federal Government shall provide assistance to the Cooperative and the Corporation under this Act. (d) Institutions of higher education Each institution of higher education is encouraged— (1) to develop training and national expertise in the field of thorium development; and (2) to promote— (A) the marketing of thorium; (B) the advancement of the strategic uses of thorium; and (C) salt chemistry science and radio chemists. 7. Amendment to 10 U.S.C. 2533 b , requiring only U.S. or NATO member nation rare earth materials in U.S. weapon systems (a) 10 U.S.C. 2533 b(a) Requirement Shall be amended to add the following provision: (3) Beginning January 1, 2020, all purchased or procured weapon systems must contain only U.S. or NATO member nation produced and sourced rare earth materials, metals, magnets, parts, and/or components. The inclusion of any rare earth materials that originate or pass through a non-NATO member nation is prohibited. No waivers shall be granted unless the lead contractor seeking a waiver can demonstrate that it has pursued all possible corrective actions, including direct investment into the supply chain. .
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113-hr-4884
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V 113th CONGRESS 2d Session H. R. 4884 IN THE HOUSE OF REPRESENTATIVES June 17, 2014 Mr. Maffei introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Zenon Kolenda and Orysya Bilyanska Kolenda.
1. Permanent resident status for Zenon Kolenda and Orysya Bilyanska Kolenda (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Zenon Kolenda and Orysya Bilyanska Kolenda 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 Zenon Kolenda or Orysya Bilyanska Kolenda 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 Zenon Kolenda and Orysya Bilyanska Kolenda, the Secretary of State shall instruct the proper officer to reduce by 2, 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 Zenon Kolenda and Orysya Bilyanska Kolenda 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-4885
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I 113th CONGRESS 2d Session H. R. 4885 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Mr. Young of Indiana (for himself, Mr. Delaney , Mr. Griffin of Arkansas , Mr. Larson of Connecticut , Mr. Reed , Mr. Polis , Mr. Ross , Mr. Kennedy , and Mr. Schock ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To encourage and support partnerships between the public and private sectors to improve our nation’s social programs, and for other purposes.
1. Short title This Act may be cited as the Social Impact Bond Act . 2. Social Impact Bonds Title XX of the Social Security Act ( 42 U.S.C. 1397 ) is amended— (1) in the heading, by striking to States and inserting and Programs for ; and (2) by adding at the end the following: C Social Impact Bonds 2051. Purposes The purposes of this subtitle are the following: (1) To improve the lives of families and individuals in need in the United States by funding social programs that achieve real results. (2) To ensure Federal funds are used effectively on social services to produce positive outcomes for both service recipients and taxpayers. (3) To establish the use of social impact bonds to address some of our nation’s most pressing problems. (4) To facilitate the creation of public-private partnerships that bundle philanthropic and other private resources with existing public spending to scale up effective social interventions already being implemented by private organizations, non-profits, charitable organizations, and local governments across the country. (5) To bring pay-for-performance to the social sector, allowing the United States to improve the impact and effectiveness of vital social programs. 2052. Social impact bond application (a) Notice Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Federal Interagency Council on Social Impact Bonds, shall publish in the Federal Register a notice that the Department is seeking proposals from States or local government for social impact bond projects in accordance with this section. (b) Required outcomes for social impact bond project To qualify as a social impact bond project under this subtitle, a project must produce a measurable, clearly defined outcome that results in social benefit and Federal savings through any of the following: (1) Increasing work and earnings by individuals who have been unemployed in the United States for more than six consecutive months. (2) Increasing employment and earnings of individuals age 16 to 24. (3) Increasing employment among individuals receiving Federal disability benefits. (4) Reducing the dependence of low-income families on Federal means-tested benefits. (5) Improving rates of high school graduation. (6) Reducing teen and unplanned pregnancies. (7) Improving birth outcomes among low-income families and individuals. (8) Reducing rates of asthma, diabetes, or other preventable diseases among low-income families and individuals. (9) Increasing the proportion of children living in two-parent families. (10) Reducing incidences of child abuse and neglect. (11) Increasing adoptions of children from foster care. (12) Reducing recidivism among individuals released from prison. (13) Other measurable outcomes defined by the State or local government that result in positive social outcomes and Federal savings. (c) Feasibility study required The notice described in subsection (a) shall require a State or local government to submit a feasibility study for the social impact bond project that contains the following information: (1) The outcome goals of the project. (2) A description of each intervention in the project and anticipated outcome of such intervention. (3) Rigorous evidence demonstrating that the intervention can be expected to produce the desired outcomes. (4) The target population that will be served by the project. (5) The expected social benefits to participants who receive the intervention and others who may be impacted. (6) Projected Federal, State, and local government costs and other costs to conduct the project. (7) Projected Federal, State, and local government savings and other savings, including an estimate prepared by the State or local government of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, if the project is implemented and the outcomes are achieved. (8) If savings resulting from the successful completion of the project are estimated to accrue to the State or local government, the likelihood of the State or local government to realize those savings. (9) A plan for delivering the intervention through a social impact bond model. (10) A description of the expertise of each service provider that will administer the intervention. (11) An explanation of the experience of the State or local government, the intermediary, or the service provider in raising private and philanthropic capital to fund social service investments. (12) The detailed roles and responsibilities of each entity involved in the project, including any State or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder. (13) A summary of the experience of the service provider delivering the proposed intervention, a similar intervention, or a summary demonstrating the service provider has the expertise necessary to deliver the intervention. (14) A summary of the unmet need in the area where the intervention will be delivered or among the target population who will receive the intervention. (15) The payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds. (16) The project budget. (17) The project timeline. (18) The criteria used to determine the eligibility of an individual for the project, including how selected populations will be identified, how they will be referred to the project, and how they will be enrolled in the project. (19) The evaluation design. (20) The metrics that will be used to determine whether the outcomes have been achieved and how such metrics will be measured. (21) A summary explaining the independence of the evaluator from the other entities involved in the project and the evaluator’s experience in conducting rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials on the intervention or similar interventions. (22) The capacity of the service provider to deliver the intervention to the number of participants the State or local government proposes to serve in the project. (d) Project intermediary information required The feasibility study described in subsection (c) shall also contain the following information about the intermediary for the social impact bond project (whether the intermediary is the service provider or other entity): (1) Experience and capacity for providing or facilitating the provision of the type of intervention proposed. (2) The mission and goals. (3) Information on whether the intermediary is already working with service providers that provide this intervention or an explanation of the capacity of the intermediary to begin working with service providers to provide the intervention. (4) Experience working in a collaborative environment across government and nongovernmental entities. (5) Previous experience collaborating with public or private entities to implement evidence-based programs. (6) Ability to raise or provide funding to cover operating costs (if applicable to the project). (7) Capacity and infrastructure to track outcomes and measure results, including— (A) capacity to track and analyze program performance; and (B) experience with performance-based contracting and achieving project milestones and targets. (8) Role in delivering the intervention. (9) How the intermediary would monitor program success, including a description of the interim benchmarks and outcome measures. 2053. Awarding social impact bond contracts (a) Timeline in awarding contract Not later than six months after receiving an application in accordance with section 2052, the Secretary shall determine whether to enter into a contract for a social impact bond project with a State or local government. (b) Considerations in Awarding Contract In determining whether to enter into a contract for a social impact bond project (the application for which was submitted under section 2052) the Secretary, in consultation with the Federal Interagency Council on Social Impact Bonds (established by section 2056) and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, shall consider each of the following: (1) The value to the Federal Government of the outcome expected to be achieved if the outcomes specified in the contract are met. (2) The ability of the State or local government in collaboration with the intermediary and the service providers to achieve the outcomes. (3) The savings to the Federal Government if the outcomes specified in contract are met. (4) The savings to the State and local governments if the outcomes specific in the contract are met. (5) The expected quality of the evaluation that would be conducted with respect to the contract. (c) Contract Authority (1) Contract requirements In accordance with this section, the Secretary, in consultation with the Federal Interagency Council on Social Impact Bonds and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, may enter into a contract for a social impact bond project with a State or local government if the Secretary determines that each of the following requirements are met: (A) The State or local government agrees to achieve an outcome specified in the contract in order to receive payment. (B) The Federal payment to the State or local government for each outcome specified is less than or equal to the value of the outcome to the Federal Government over a period not to exceed 10 years, as determined by the Secretary, in consultation with the State or local government. (C) The duration of the project does not exceed 10 years. (D) The State or local government has demonstrated, through the application submitted under section 2052, that, based on prior rigorous experimental evaluations or rigorous quasi-experimental studies, the intervention can be expected to achieve each outcome specified in the contract. (E) The State, local government, intermediary, or service provider has experience raising private or philanthropic capital to fund social service investments (if applicable to the project). (F) The State or local government has shown that each service provider has experience delivering the intervention, a similar intervention, or has otherwise demonstrated the expertise necessary to deliver the intervention. (2) Payment The Secretary shall pay the State or local government only if the independent evaluator described in section 2055 determines that the social impact bond project has met the requirements specified in the contract and achieved an outcome specified in the contract. (3) Limitation The Secretary may not enter into a contract for a social impact bond project under paragraph (1) after the date that is 10 years after the date of the enactment of the Social Impact Bond Act . (d) Notice of contract award Not later than 30 days after entering into a contract under this section, the Secretary shall publish a notice in the Federal Register that includes, with regard to such contract, the following: (1) The outcome goals of the social impact bond project. (2) A description of each intervention in the project. (3) The target population that will be served by the project. (4) The expected social benefits to participants who receive the intervention and others who may be impacted. (5) The detailed roles, responsibilities, and purposes of each Federal, State, or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder. (6) The payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds. (7) The project budget. (8) The project timeline. (9) The project eligibility criteria. (10) The evaluation design. (11) The metrics that will be used to determine whether the outcomes have been achieved and how these metrics will be measured. (12) The estimate prepared by the State or local government of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, if the contract is entered into and implemented and the outcomes are achieved. 2054. Feasibility study funding (a) Requests for funding for feasibility studies The Secretary shall reserve a portion of the funding provided in section 2057 to assist States or local governments in developing feasibility studies required by section 2052. To be eligible to receive funding to assist with completing a feasibility study, a State or local government shall submit an application for feasibility study funding containing the following information: (1) A description of the outcome goals of the social impact bond project. (2) A description of the intervention, including anticipated program design, target population, an estimate regarding the number of individuals to be served, and setting for the intervention. (3) Evidence to support the likelihood that such intervention will produce the desired outcome. (4) The expected social benefits to participants who receive the intervention and others who may be impacted. (5) Estimated costs to conduct the project. (6) Estimates of Federal, State, and local government savings and other savings if the project is implemented and the outcomes are achieved. (7) An estimated timeline for implementation and completion of the project, which shall not exceed 10 years. (8) With respect to a project for which the State or local government selects an intermediary to operate the project, any partnerships needed to successfully execute the project and the ability of the intermediary to foster such partnerships. (9) The expected resources needed to complete the feasibility study for the State or local government to apply for social impact bond funding under section 2052. (b) Federal selection of applications for feasibility study Not later than 6 months after receiving an application for feasibility study funding under subsection (a), the Secretary, in consultation with the Federal Interagency Council on Social Impact Bonds and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, shall select State or local government feasibility study proposals for funding based on the following: (1) The likelihood that the proposal will achieve the desired outcome. (2) The value of the outcome expected to be achieved. (3) The potential savings to the Federal Government if the social impact bond project is successful. (4) The potential savings to the State and local governments if the project is successful. (c) Public disclosure Not later than 30 days after selecting a State or local government for feasibility study funding under this section, the Secretary shall cause to be published on the website of the Federal Interagency Council on Social Impact Bonds information explaining why a State or local government was granted feasibility study funding. (d) Funding restriction (1) Feasibility study restriction The Secretary may not provide feasibility study funding under this section for more than 50 percent of the estimated total cost of the feasibility study reported in the State or local government application submitted under subsection (a). (2) Aggregate restriction Of the total amount appropriated under section 2057, the Secretary may not use more than $10,000,000 to provide feasibility study funding to States or local governments under this section. (e) Submission of feasibility study required Not later than six months after the receipt of feasibility study funding under this section, a State or local government receiving such funding shall complete the feasibility study and submit the study to the Federal Interagency Council on Social Impact Bonds. 2055. Evaluations (a) Contract Authority For each State or local government awarded a social impact bond project approved by the Secretary under this Act, the head of the relevant agency, as determined by the Federal Interagency Council on Social Impact Bonds, shall enter into a contract with such State or local government to pay for the independent evaluation to determine whether the State or local government project has met an outcome specified in the contract in order for the State or local government to receive outcome payments under this subtitle. (b) Evaluator Qualifications The head of the relevant agency may not enter into a contract with a State or local government unless the head determines that the evaluator is independent of the other parties to the contract and has demonstrated substantial experience in conducting rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials on the intervention or similar interventions. (c) Methodologies To Be Used The evaluation used to determine whether a State or local government will receive outcome payments under this subtitle shall use experimental designs using random assignment or other research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible. (d) Progress Report (1) Submission of report The independent evaluator shall— (A) not later than two years after a project has been approved by the Secretary and biannually thereafter until the project is concluded, submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Bonds a written report summarizing the progress that has been made in achieving each outcome specified in the contract; and (B) at the scheduled time of the first outcome payment and at the time of each subsequent payment, submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Bonds a written report that includes the results of the evaluation conducted to determine whether an outcome payment should be made along with information on the unique factors that contributed to achieving or failing to achieve the outcome, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions. (2) Submission to Congress Not later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Federal Interagency Council on Social Impact Bonds shall submit such report to each committee of jurisdiction in the House of Representatives and the Senate. (e) Final Report (1) Submission of report Within six months after the social impact bond project is completed, the independent evaluator shall— (A) evaluate the effects of the activities undertaken pursuant to the contract with regard to each outcome specified in the contract; and (B) submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Bonds a written report that includes the results of the evaluation and the conclusion of the evaluator as to whether the State or local government has fulfilled each obligation of the contract, along with information on the unique factors that contributed to the success or failure of the project, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions. (2) Submission to Congress Not later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Federal Interagency Council on Social Impact Bonds shall submit such report to each committee of jurisdiction in the House of Representatives and the Senate. (f) Limitation on Cost of Evaluations Of the amount made available for social impact bond projects in section 2057, the Secretary may not obligate more than 15 percent to evaluate the implementation and outcomes of such projects. 2056. Federal interagency council on social impact bonds (a) Establishment There is established the Federal Interagency Council on Social Impact Bonds (in this section, referred to as the Council ) to— (1) coordinate the efforts of social impact bond projects funded by this subtitle; (2) advise and assist the Secretary in the development and implementation of such projects; (3) advise the Secretary on specific programmatic and policy matter related to such projects; (4) provide subject-matter expertise to the Department of the Treasury with regard to such projects; (5) ensure that each State or local government that has entered into a contract with the Secretary for a social impact bond project under this subtitle and each evaluator selected by the head of the relevant agency under section 2055 has access to Federal administrative data to assist the State or local government and the evaluator in evaluating the performance and outcomes of the project; and (6) address issues that will influence the future of social impact bond projects in the United States. (b) Composition of Council The Chair of the council shall be a member of the National Economic Council or the Domestic Policy Council. The Council shall be composed of one designee, designated by the head of the relevant agency, from each of the following: (1) Office of Management and Budget. (2) Department of Labor. (3) Department of Health and Human Services. (4) Social Security Administration. (5) Department of Agriculture. (6) Department of Justice. (7) Department of Housing and Urban Development. (8) Department of Education. (9) Department of Veterans Affairs. (10) Department of the Treasury. 2057. Funding (a) In general Out of any money in the Treasury not otherwise appropriated, there is hereby appropriated $300,000,000, to remain available until 10 years after the date specified in section 2053(c)(3), to carry out the activities authorized under this subtitle. (b) Limitation Of the amounts made available under subsection (a), the Secretary may not use more than $1,000,000 in any fiscal year to support the review, approval, and oversight of social impact bond projects, including activities conducted by— (1) the Federal Interagency Council on Social Impact Bonds; and (2) any other agency consulted by the Secretary before approving a social impact bond project or a feasibility study under section 2054. 2058. Website The Federal Interagency Council on Social Impact Bonds shall establish and maintain a public website that shall display the following: (1) A copy of, or method of accessing, each notice published regarding a social impact bond project pursuant to this subtitle. (2) For each State or local government that has entered into a contract with the Secretary for a social impact bond project, the website shall contain the following information: (A) The outcome goals of the project. (B) A description of each intervention in the project. (C) The target population that will be served by the project. (D) The expected social benefits to participants who receive the intervention and others who may be impacted. (E) The detailed roles, responsibilities, and purposes of each Federal, State, or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder. (F) The payment terms, methodology used to calculate outcome payments, the payment schedule, and performance thresholds. (G) The project budget. (H) The project timeline. (I) The project eligibility criteria. (J) The evaluation design. (K) The metrics used to determine whether the proposed outcomes have been achieved and how these metrics are measured. (3) A copy of the progress reports and the final reports relating to each social impact bond project. (4) An estimate of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, resulting from the successful completion of the social impact bond project. 2059. Community Reinvestment Act Section 804 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2903 ) is amended by adding at the end the following: (e) Social impact bond projects In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider, as a factor, investments made by the financial institution in social impact bond projects under subtitle C of title XX of the Social Security Act. . 2060. Regulations The Secretary, in consultation with the Federal Interagency Council on Social Impact Bonds, may issue regulations as necessary to carry out this subtitle. 2061. Definitions In this subtitle: (1) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Intervention The term intervention means a specific service delivered to achieve an impact through a social impact bond project. (3) Secretary The term Secretary means the Secretary of the Treasury. (4) Social impact bond project The term social impact bond project means a project that finances social services using a social impact bond model. (5) Social impact bond model The term social impact bond model means a method of financing social services in which— (A) Federal funds are awarded to a State or local government only if a State or local government achieves certain outcomes agreed upon by the State or local government and the Secretary; and (B) the State or local government coordinates with service providers, investors (if applicable to the project), and (if necessary) an intermediary to identify— (i) an intervention expected to produce the outcome; (ii) a service provider to deliver the intervention to the target population; and (iii) investors to fund the delivery of the intervention. (6) 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. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4885ih/xml/BILLS-113hr4885ih.xml
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113-hr-4886
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I 113th CONGRESS 2d Session H. R. 4886 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Mrs. Lummis (for herself and Mr. Walz ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on 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 direct the Secretary of Agriculture to publish in the Federal Register a strategy to significantly increase the role of volunteers and partners in National Forest System trail maintenance, and for other purposes.
1. Short title This Act may be cited as the National Forest System Trails Stewardship Act of 2014 . 2. Findings Congress finds as follows: (1) The National Forest System features a world-class trail system with over 158,000 miles of trails that provide world-class opportunities for hiking, horseback riding, hunting, mountain bicycling, motorized vehicles, and other outdoor activities. (2) According to the Government Accountability Office, the Forest Service is only able to maintain about one-quarter of National Forest System trails to the agency standard, and the agency faces a trail maintenance backlog of $314,000,000, and an additional backlog of $210,000,000 in annual maintenance, capital improvements, and operations. (3) The lack of maintenance on National Forest System trails threatens access to public lands, and may cause increased environmental damage, threaten public safety, and increase future maintenance costs. (4) Federal budget limitations require solutions to National Forest System trail maintenance issues that make more efficient use of existing resources. (5) Volunteers, partners, and outfitters and guides play an important role in maintaining National Forest System trails, and a comprehensive strategy is needed to ensure that volunteers and partners are used as effectively as possible. 3. Definitions In this Act: (1) Administrative unit The term Administrative Unit means a national forest or national grassland. (2) Outfitter or guide The term outfitter or guide means an individual, organization, or business who provides outfitting or guiding services, as defined in section 251.51 of title 36, Code of Federal Regulations. (3) Partner The term partner means a non-Federal entity that engages in a partnership. (4) Partnership The term partnership means arrangements between the Department of Agriculture or the Forest Service and a non-Federal entity that are voluntary, mutually beneficial, and entered into for the purpose of mutually agreed upon objectives. (5) Priority area The term priority area means a well-defined region on National Forest System land selected by the Secretary under section 5(a). (6) Secretary The term Secretary means the Secretary of Agriculture. (7) Strategy The term strategy means the National Forest System Trails Volunteer and Partnership Strategy authorized by section 4(a). (8) Trail maintenance The term trail maintenance means any activity to maintain the usability and sustainability of trails within the National Forest System, including— (A) ensuring trails are passable by the users for which they are managed; (B) preventing environmental damage resulting from trail deterioration; (C) protecting public safety; and (D) averting future deferred maintenance costs. (9) Volunteer The term Volunteer has the same meaning given that term in section 553.101 of title 29, Code of Federal Regulations. 4. National forest system trails volunteer and partnership strategy (a) In general Not later than 2 years after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a strategy to significantly increase the role of volunteers and partners in trail maintenance. (b) Required elements The strategy required by subsection (a) shall— (1) augment and support the capabilities of Federal employees to carry out or contribute to trail maintenance; (2) provide meaningful opportunities for volunteers and partners to carry out trail maintenance in each region of the Forest Service; (3) address the barriers to increased volunteerism and partnerships in trail maintenance identified by volunteers, partners, and others; (4) prioritize increased volunteerism and partnerships in trail maintenance in those regions with the most severe trail maintenance needs, and where trail maintenance backlogs are jeopardizing access to National Forest lands; and (5) aim to increase trail maintenance by volunteers and partners by 100 percent by the date that is 5 years after the date of the enactment of this Act. (c) Additional requirement As a component of the strategy, the Secretary shall study opportunities to improve trail maintenance by addressing opportunities to use fire crews in trail maintenance activities in a manner that does not jeopardize firefighting capabilities, public safety, or resource protection. Upon a determination that trail maintenance would be advanced by use of fire crews in trail maintenance, the Secretary shall incorporate these proposals into the strategy, subject to such terms and conditions as the Secretary determines to be necessary. (d) Volunteer liability (1) In general Section 3(d) of Public Law 92–300 (16 U.S.C. 558a (note), 558a–558d; 86 Stat. 147) is amended by adding , including a volunteer affiliated with a partner organization, after title . (2) Additional requirement Not later than 2 years after the date of the enactment of this Act, the Secretary shall adopt regulations implementing this section. These regulations shall ensure that the financial risk from claims or liability associated with volunteers undertaking trail maintenance is shared by all administrative units. (e) Consultation The Secretary shall develop the strategy in consultation with volunteer and partner trail maintenance organizations, a broad array of outdoor recreation stakeholders, and other relevant stakeholders. (f) Volunteer and partnership coordination The Secretary shall require each administrative unit to develop a volunteer and partner coordination implementation plan for the strategy which clearly defines roles and responsibilities for the administrative unit and district staff, and includes strategies to ensure sufficient coordination, assistance, and support for volunteers and partners to improve trail maintenance. (g) Report (1) Contents The Secretary shall prepare a report on— (A) the effectiveness of the strategy in addressing the trail maintenance backlog; (B) the increase in volunteerism and partnership efforts on trail maintenance as a result of the strategy; (C) the miles of National Forest System trails maintained by volunteers and partners, and the approximate value of the volunteer and partnership efforts; (D) the status of the stewardship credits for outfitters and guides pilot program described in section 7 that includes the number of participating sites, total amount of the credits offered, estimated value of trail maintenance performed, and suggestions for revising the program; and (E) recommendations for further increasing volunteerism and partnerships in trail maintenance. (2) Submission Not later than 3 years after the date of enactment of this Act, the Secretary shall submit the report required by paragraph (1) to— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. 5. Priority trail maintenance program (a) Selection In accordance with subsections (b) and (c), not later than 6 months after the date of the enactment of this Act, the Secretary of Agriculture shall select no fewer than 9 and no more than 15 priority areas for increased trail maintenance accomplishments. (b) Criteria Priority areas shall include a well-defined region on National Forest System land where the lack of trail maintenance has— (1) reduced access to public land; (2) led to an increase, or risk of increase, in harm to natural resources; (3) jeopardized public safety; (4) resulted in trails being impassible by the intended managed users; or (5) increased future deferred trail maintenance costs. (c) Requirements In selecting priority areas, the Secretary shall— (1) consider any public input on priority areas received within 3 months of the date of enactment of this Act; and (2) select at least one priority area in each region of the United States Forest Service. (d) Increased trail maintenance (1) In general Within 6 months of the selection of priority areas under subsection (a), and in accordance with paragraph (2), the Secretary shall develop an approach to substantially increase trail maintenance accomplishments within each priority area. (2) Contents In developing the approach under paragraph (1), the Secretary shall— (A) consider any public input on trail maintenance priorities and needs within any priority area; (B) consider the costs and benefits of increased trail maintenance within each priority area; and (C) incorporate partners and volunteers in the trail maintenance. (3) Required trail maintenance Utilizing the approach developed under paragraph (1), the Secretary shall substantially increase trail maintenance within each priority area. (e) Coordination The regional volunteer and partnership coordinators may be responsible for assisting partner organizations in developing and implementing volunteer and partnership projects to increase trail maintenance within priority areas. (f) Revision The Secretary shall periodically review the priority areas to determine whether revisions are necessary and may revise the priority areas, including the selection of new priority areas or removal of existing priority areas, at his sole discretion. 6. Cooperative agreements (a) In general The Secretary may enter into a cooperative agreement (within the meaning of chapter 63 of title 31, United States Code) with any State, tribal, local governmental, and private entity to carry out this Act. (b) Contents Cooperative agreements authorized under this section may— (1) improve trail maintenance in a priority area; (2) implement the strategy; or (3) advance trail maintenance in a manner deemed appropriate by the Secretary. 7. Stewardship credits for outfitters and guides (a) Pilot program Within 1 year after the date of enactment of this Act, in accordance with this section, the Secretary shall establish a pilot program on not less than 20 administrative units to offset all or part of the land use fee for an outfitting and guiding permit by the cost of the work performed by the permit holder to construct, improve, or maintain National Forest System trails, trailheads, or developed sites that support public use under terms established by the Secretary. (b) Additional requirements In establishing the pilot program authorized by subsection (a), the Secretary shall— (1) select administrative units where the pilot program will improve trail maintenance; and (2) establish appropriate terms and conditions.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4886ih/xml/BILLS-113hr4886ih.xml
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113-hr-4887
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I 113th CONGRESS 2d Session H. R. 4887 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To expand the research and education on and delivery of complementary and alternative medicine to veterans, and for other purposes.
1. Short title This Act may be cited as the Expanding Care for Veterans Act . 2. Expansion of research and education on and delivery of complementary and alternative medicine to veterans (a) Development of plan To expand research, education, and delivery Not later than six months after the effective date specified in subsection (f), the Secretary of Veterans Affairs shall develop a plan to expand materially and substantially the scope of research and education on, and delivery and integration of, complementary and alternative medicine services into the health care services provided to veterans. (b) Elements The plan required by subsection (a) shall provide for the following: (1) Research on the following: (A) The comparative effectiveness of various complementary and alternative medicine therapies. (B) Approaches to integrating complementary and alternative medicine services into other health care services provided by the Department. (2) Education and training for health care professionals of the Department on the following: (A) Complementary and alternative medicine services selected by the Secretary for purposes of the plan. (B) Appropriate uses of such services. (C) Integration of such services into the delivery of health care to veterans. (3) Research, education, and clinical activities on complementary and alternative medicine at centers of innovation at Department medical centers. (4) Identification or development of metrics and outcome measures to evaluate the provision and integration of complementary and alternative medicine services into the delivery of health care to veterans. (5) Integration and delivery of complementary and alternative medicine services with other health care services provided by the Department. (c) Consultation (1) In general In carrying out subsection (a), the Secretary shall consult with the following: (A) The Director of the National Center on Complementary and Alternative Medicine of the National Institutes of Health. (B) The Commissioner of Food and Drugs. (C) Institutions of higher education, private research institutes, and individual researchers with extensive experience in complementary and alternative medicine and the integration of complementary and alternative medicine practices into the delivery of health care. (D) Nationally recognized providers of complementary and alternative medicine. (E) Such other officials, entities, and individuals with expertise on complementary and alternative medicine as the Secretary considers appropriate. (2) Scope of consultation The Secretary shall undertake consultation under paragraph (1) in carrying out subsection (a) with respect to the following: (A) To develop the plan. (B) To identify specific complementary and alternative medicine practices that, on the basis of research findings or promising clinical interventions, are appropriate to include as services to veterans. (C) To identify barriers to the effective provision and integration of complementary and alternative medicine services into the delivery of health care to veterans, and to identify mechanisms for overcoming such barriers. (d) Funding There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. (e) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine shall have the meaning given that term in regulations the Secretary shall prescribe for purposes of this section, which shall, to the degree practicable, be consistent with the meaning given such term by the Secretary of Health and Human Services. (f) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 3. Program on integration of complementary and alternative medicine within Department of Veterans Affairs medical centers (a) Program required The Secretary of Veterans Affairs shall— (1) carry out, through the Office of Patient Centered Care and Cultural Transformation of the Department of Veterans Affairs, a program to assess the feasibility and advisability of integrating the delivery of complementary and alternative medicine services selected by the Secretary with other health care services provided by the Department for veterans with mental health conditions, chronic pain conditions, other chronic conditions, and such other conditions as the Secretary determines appropriate; and (2) in developing the program, identify and resolve barriers to the provision of complementary and alternative medicine services selected by the Secretary and the integration of those services with other health care services provided by the Department. (b) Duration of program The program shall be carried out during the three-year period beginning on the effective date specified in subsection (j). (c) Locations (1) In general The Secretary shall carry out the program at not fewer than 15 separate Department medical centers. (2) Polytrauma centers Not less than two of the medical centers designated under paragraph (1) shall be located at polytrauma rehabilitation centers of the Department. (3) Selection of locations In carrying out the program, the Secretary shall select locations that include the following areas: (A) Rural areas. (B) Areas that are not in close proximity to an active duty military installation. (C) Areas representing different geographic locations, such as census tracts established by the Bureau of the Census. (d) Provision of services Under the program, the Secretary shall provide covered services to covered veterans by integrating complementary and alternative medicine services with other services provided by the Department at the medical centers designated under subsection (c)(1). (e) Covered veterans For purposes of the program, a covered veteran is any veteran who— (1) has a mental health condition diagnosed by a clinician of the Department; (2) experiences chronic pain; or (3) has a chronic condition being treated by a clinician of the Department. (f) Covered services (1) In general For purposes of the program, covered services are services consisting of complementary and alternative medicine as selected by the Secretary. (2) Administration of services Covered services shall be administered under the program as follows: (A) Covered services shall be administered by clinicians employed by the Secretary for purposes of this section who, to the extent practicable, shall provide services consisting of complementary and alternative medicine, including those clinicians who solely provide such services. (B) Covered services shall be included as part of the Patient Aligned Care Teams initiative of the Office of Patient Care Services, Primary Care Program Office, in coordination with the Office of Patient Centered Care and Cultural Transformation. (C) Covered services shall be made available to both— (i) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have received conventional treatments from the Department for such conditions; and (ii) covered veterans with mental health conditions, pain conditions, or chronic conditions described in subsection (e) who have not received conventional treatments from the Department for such conditions. (g) Voluntary participation The participation of a veteran in the program shall be at the election of the veteran and in consultation with a clinician of the Department. (h) Reports to Congress (1) Quarterly reports Not later than 90 days after the date of the commencement of the program and not less frequently than once every 90 days thereafter for the duration of the program, 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 efforts of the Secretary to carry out the program, including a description of the outreach conducted by the Secretary to veterans and community organizations to inform such organizations about the program. (2) Final report (A) In general Not later than 180 days after the completion of the program, 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 program. (B) Contents The report submitted under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program, including with respect to— (I) the utilization and efficacy of the complementary and alternative medicine services established under the program; (II) an assessment of the benefit of the program to covered veterans in mental health diagnoses, pain management, and treatment of chronic illness; and (III) the comparative effectiveness of various complementary and alternative medicine therapies. (ii) Barriers identified under subsection (a)(2) that were not resolved. (iii) Such recommendations for the continuation or expansion of the program as the Secretary considers appropriate. (i) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine shall have the meaning given that term in section 2(e) of this Act. (j) Effective date This section shall take effect on the date that is one year after the date of the enactment of this Act. 4. Studies of barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs (a) Studies required (1) In general The Secretary of Veterans Affairs shall conduct comprehensive studies of the barriers encountered by veterans in receiving, and administrators and clinicians in providing, complementary and alternative medicine services furnished by the Department of Veterans Affairs. (2) Studies conducted (A) Veterans In conducting the study of veterans, the Secretary shall— (i) survey veterans who seek or receive hospital care or medical services furnished by the Department, as well as veterans who do not seek or receive such care or services; (ii) administer the survey to a representative sample of veterans from each Veterans Integrated Service Network; and (iii) ensure that the sample of veterans surveyed is of sufficient size for the study results to be statistically significant. (B) Administrators and clinicians In conducting the study of clinicians and administrators, the Secretary shall— (i) survey administrators of the Department who are involved in the provision of health care services; (ii) survey clinicians that have provided complementary and alternative medicine services through the program established under section 3 of this Act, after those clinicians have provided those services through such program for at least 90 days; and (iii) administer the survey to administrators under clause (i)— (I) before the introduction of complementary and alternative medicine services through such program; and (II) not earlier than 90 days after the introduction of complementary and alternative medicine services through such program. (b) Elements of studies (1) Veterans In conducting the study of veterans required by subsection (a), the Secretary shall study the following: (A) The perceived barriers associated with obtaining complementary and alternative medicine services from the Department. (B) The satisfaction of veterans with complementary and alternative medicine services in primary care. (C) The degree to which veterans are aware of eligibility requirements for, and the scope of services available under, complementary and alternative medicine services furnished by the Department. (D) The effectiveness of outreach to veterans on the availability of complementary and alternative medicine for veterans. (E) Such other barriers as the Secretary considers appropriate. (2) Administrators and clinicians In conducting the study of administrators and clinicians required by subsection (a), the Secretary shall study the following: (A) The extent of the integration of complementary and alternative medicine services within the services provided by the Department. (B) The perception by administrators and clinicians of the structural and attitudinal barriers to the delivery of high quality complementary and alternative medicine services by the Department. (C) Strategies that have been used to reduce or eliminate such barriers and the results of such strategies. (D) The satisfaction of administrators and clinicians regarding the integration of complementary and alternative medicine services within the services provided by the Department. (E) The perception by administrators and clinicians of the value of specific complementary and alternative medicine services for inpatient and outpatient veteran populations. (c) Discharge by contract The Secretary shall enter into a contract with a qualified independent entity or organization to carry out the studies required by this section. (d) Mandatory review of data by the National Research Advisory Council (1) In general The Secretary shall ensure that the head of the National Research Advisory Council reviews the results of the studies conducted under this section. (2) Submittal of findings The head of the National Research Advisory Council shall submit findings with respect to the studies to the Under Secretary for Health and to other pertinent program offices within the Department with responsibilities relating to health care services for veterans. (e) Reports (1) Report on implementation Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the implementation of this section. (2) Report on study (A) In general Not later than 45 days after the date of the completion of the study, the Secretary shall submit to Congress a report on the study required by subsection (a). (B) Contents The report required by subparagraph (A) shall include the following: (i) Recommendations for such administrative and legislative proposals and actions as the Secretary considers appropriate. (ii) The findings of the head of the National Research Advisory Council and of the Under Secretary for Health. (f) Authorization of appropriations There is authorized to be appropriated for fiscal year 2015 for the Department of Veterans Affairs, $2,000,000 to carry out this section. (g) Complementary and alternative medicine defined In this section, the term complementary and alternative medicine shall have the meaning given that term in section 2(e) of this Act. 5. Program on use of wellness programs as complementary approach to mental health care for veterans and family members of veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program through the award of grants to public or private nonprofit entities to assess the feasibility and advisability of using wellness programs to complement the provision of mental health care to veterans and family members eligible for counseling under section 1712A(a)(1)(C) of title 38, United States Code. (2) Matters to be addressed The program shall be carried out so as to assess the following: (A) Means of improving coordination between Federal, State, local, and community providers of health care in the provision of mental health care to veterans and family members described in paragraph (1). (B) Means of enhancing outreach, and coordination of outreach, by and among providers of health care referred to in subparagraph (A) on the mental health care services available to veterans and family members described in paragraph (1). (C) Means of using wellness programs of providers of health care referred to in subparagraph (A) as complements to the provision by the Department of Veterans Affairs of mental health care to veterans and family members described in paragraph (1). (D) Whether wellness programs described in subparagraph (C) are effective in enhancing the quality of life and well-being of veterans and family members described in paragraph (1). (E) Whether wellness programs described in subparagraph (C) are effective in increasing the adherence of veterans described in paragraph (1) to the primary mental health services provided such veterans by the Department. (F) Whether wellness programs described in subparagraph (C) have an impact on the sense of wellbeing of veterans described in paragraph (1) who receive primary mental health services from the Department. (G) Whether wellness programs described in subparagraph (C) are effective in encouraging veterans receiving health care from the Department to adopt a more healthy lifestyle. (b) Duration The Secretary shall carry out the program for a period of three years beginning on the date that is one year after the date of the enactment of this Act. (c) Locations The Secretary shall carry out the program at facilities of the Department providing mental health care services to veterans and family members described in subsection (a)(1). (d) Grant proposals (1) In general A public or private nonprofit entity seeking the award of a grant under this section shall submit an application therefor to the Secretary in such form and in such manner as the Secretary may require. (2) Application contents Each application submitted under paragraph (1) shall include the following: (A) A plan to coordinate activities under the program, to the extent possible, with the Federal, State, and local providers of services for veterans to enhance the following: (i) Awareness by veterans of benefits and health care services provided by the Department. (ii) Outreach efforts to increase the use by veterans of services provided by the Department. (iii) Educational efforts to inform veterans of the benefits of a healthy and active lifestyle. (B) A statement of understanding from the entity submitting the application that, if selected, such entity will be required to report to the Secretary periodically on standardized data and other performance data necessary to evaluate individual outcomes and to facilitate evaluations among entities participating in the program. (C) Other requirements that the Secretary may prescribe. (e) Grant uses (1) In general A public or private nonprofit entity awarded a grant under this section shall use the award for purposes prescribed by the Secretary. (2) Eligible veterans and family In carrying out the purposes prescribed by the Secretary in paragraph (1), a public or private nonprofit entity awarded a grant under this section shall use the award to furnish services only to individuals specified in section 1712A(a)(1)(C) of title 38, United States Code. (f) Reports (1) Periodic reports (A) In general Not later than 180 days after the date of the commencement of the program, and every 180 days thereafter, the Secretary shall submit to Congress a report on the program. (B) Report elements Each report required by subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the program during the 180-day period preceding the report. (ii) An assessment of the benefits of the program to veterans and their family members during the 180-day period preceding the report. (2) Final report Not later than 180 days after the end of the program, the Secretary shall submit to Congress a report detailing the recommendations of the Secretary as to the advisability of continuing or expanding the program. (g) Wellness defined In this section, the term wellness has the meaning given that term in regulations prescribed by the Secretary.
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113-hr-4888
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I 113th CONGRESS 2d Session H. R. 4888 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Ms. Clark of Massachusetts (for herself and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the identification and dissemination of best practices for medical professionals and other health care providers relative to neonatal abstinence syndrome, and for other purposes.
1. Short title This Act may be cited as the Coordinated Recovery Initiative for Babies Act of 2014 or the CRIB Act of 2014 . 2. Identification, treatment, and surveillance of neonatal abstinence syndrome (a) Study The Secretary of Health and Human Services (in this Act referred to as the Secretary ) shall conduct a study to identify— (1) the most effective and beneficial methods that are currently available to identify the need for treating and best treatment methods for, infants diagnosed with neonatal abstinence syndrome; (2) barriers, including associated costs and limitations or disparities in the availability or scope of health insurance coverage, that may hinder the clinical use of best practices by medical professionals and other health care providers for the identification and treatment of neonatal abstinence syndrome; (3) circumstances, such as populations with unique needs and health care settings with limited resources, that may require particularized best practices for medical professionals and other health care providers for the identification and treatment of neonatal abstinence syndrome; (4) existing surveillance measures within the Department of Health and Human Services (in this Act referred to as the Department ) and in State health agencies relating to neonatal abstinence syndrome; and (5) areas in which information on neonatal abstinence syndrome and its surrounding circumstances is insufficient, incomplete, or requires further study or analysis. (b) Advisory panel (1) Establishment The Secretary shall convene an advisory panel (in this section referred to as the Panel ) to identify and compile the best practices under subsection (c). The Secretary shall reconvene the Panel for such purpose whenever the Secretary, with the advice of the Panel, determines updates are needed to the list of best practices under subsection (e), but no less than every 2 years. (2) Members The Panel shall be composed of 19 members, all of whom shall be medical professionals or health care providers with expertise in neonatal abstinence syndrome. Members shall represent the broad range of such professionals and providers necessary to identify and compile the best practices for identification and treatment of neonatal abstinence syndrome, including representatives of— (A) The American Academy of Family Physicians. (B) The American Academy of Pediatrics. (C) The American Academy of Physician Assistants. (D) The American College of Nurse-Midwives. (E) The American College of Obstetricians and Gynecologists. (F) The American Hospital Association. (G) The American Medical Association. (H) The American Nurses Association. (I) The American Pharmacists Association. (J) The American Public Health Association. (K) The American Society for Addiction Medicine. (L) The American Society of Anesthesiologists. (M) The Association of State and Territorial Health Professionals. (N) The Association of Women’s Health, Obstetric, and Neonatal Nurses. (O) The Children’s Hospital Association. (P) The National Association of Medicaid Directors. (Q) The National Association of Nurse Practitioners in Women’s Health. (R) The National Association of Pediatric Nurse Practitioners. (S) The National Association of Social Workers. (3) Administrative support The Secretary shall provide appropriate administrative support, including technical assistance, to the Panel. (c) Best practices; plan; report Not later than 12 months after the date of enactment of this Act, the Secretary shall— (1) (A) identify and compile the best practices for medical professionals and other health care providers for identifying and treating neonatal abstinence syndrome; and (B) identify any gaps in best practices for medical professionals and other health care providers that may require additional research or analysis; (2) develop and implement a plan for the coordination and, if necessary, expansion and enhancement of public health surveillance of neonatal abstinence syndrome that— (A) identifies the data necessary for a public health response to neonatal abstinence syndrome; (B) identifies any gaps in current surveillance or coordination that results in the lack of collection of such data, including a lack of timeliness or standardization of data reporting; (C) makes recommendations and provides assistance to the States to implement effective measures to collect such necessary data by State health agencies; and (D) designates an appropriate agency in the Department to coordinate such data; and (3) not later than 18 months after the date of enactment of this Act, submit to the Congress a report containing the Secretary’s findings and identifying issues that— (A) relate to neonatal abstinence syndrome, including its causes, identification, treatment, prevalence, and effects; and (B) public health issues related to neonatal abstinence syndrome that would benefit from further study. (d) Dissemination of best practices The Secretary— (1) shall disseminate the best practices identified and compiled under subsection (c), including any updates under subsection (e), directly or through arrangements with nonprofit organizations, government agencies, or the media; (2) shall post such best practices on the public Internet site of the Department; and (3) may include in such dissemination any supplemental information which the Secretary determines to be relevant and appropriate, in consultation with the Panel. (e) Updates to best practices The Secretary shall periodically, but no less often than every 2 years, review the best practices identified under subsection (c) to ensure that such best practices are up-to-date and reflect the views of the medical community, including organizations listed in subsection (b)(2). (f) Appropriate agency In designating an appropriate agency within the Department under subsection (c), the Secretary shall consider, among other factors, agency resources, purpose, expertise, and capability to conduct public health programs and research.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4888ih/xml/BILLS-113hr4888ih.xml
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113-hr-4889
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I 113th CONGRESS 2d Session H. R. 4889 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Mr. Cohen introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to require States to dedicate 5 percent of certain funds to projects that reduce emission to public safety vehicles, and for other purposes.
1. Short title This Act may be cited as the Clean and Efficient Public Safety Vehicles Act of 2014 . 2. Findings Congress finds the following: (1) Public safety is a critically important activity. (2) The unique nature of public safety vehicles requires the on-board systems of the vehicles to continually operate for communications, health, and public safety reasons. (3) The fleets of municipal fire, rescue, police, and safety vehicles require significant fuel use. (4) State and local governments strive to reduce operating costs, and to lead by example on emissions policy. (5) Congress, through the congestion mitigation and air quality improvement program, has long recognized the importance of partnering with States and municipalities in addressing emissions reduction. (6) The private sector has developed a range of technologies matched to light and medium duty public safety vehicles that have not yet been evaluated by the Environmental Protection Agency under its current SmartWay technology verification program. 3. Special rule for public safety vehicles Section 149(c) of title 23, United States Code, is amended by adding at the end the following: (4) Public safety vehicles (A) In general A State shall obligate 5 percent of the funds apportioned to the State for a fiscal year under section 104(b)(4) for projects to implement, develop, or deploy cost-effective technologies that reduce emissions of pollutants from publicly owned or leased vehicles used to provide public safety services, including firefighting vehicles, ambulances, law enforcement vehicles, and other emergency response vehicles. (B) Technology Projects carried out under subparagraph (A) shall not be limited to using technology developed or recommended by the SmartWay program of the Environmental Protection Agency or any successor program. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4889ih/xml/BILLS-113hr4889ih.xml
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113-hr-4890
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I 113th CONGRESS 2d Session H. R. 4890 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Mr. Horsford introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for a land conveyance in the State of Nevada.
1. Short title This Act may be cited as the Moapa Band of Paiutes Land Conveyance Act . 2. Definitions In this Act: (1) Map The term map means the map entitled Moapa River Reservation Expansion , dated June 16, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Secretary The term Secretary means the Secretary of the Interior. (3) Tribe The term Tribe means the Moapa Band of Paiutes. 3. Transfer of land to be held in trust for the Moapa Band of Paiutes (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b) shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) is the approximately 26,565 acres of land administered by the Bureau of Land Management and the Bureau of Reclamation as generally depicted on the map as Expansion Area . (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (d) Use of trust land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )). (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) residential or recreational development; or (iv) renewable energy development. (B) Other uses (i) In general If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal in accordance with clause (ii). (ii) Appraisal The Secretary shall determine the fair market value of the land under clause (i) based on an appraisal that is performed in accordance with— (I) the Uniform Appraisal Standards for Federal Land Acquisitions; (II) the Uniform Standards of Professional Appraisal Practices; and (III) any other applicable law (including regulations).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4890ih/xml/BILLS-113hr4890ih.xml
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113-hr-4891
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I 113th CONGRESS 2d Session H. R. 4891 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Mr. Horsford (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the conveyance of certain lands in Las Vegas, Nevada, for the development of a nonprofit work center and affordable housing for people with intellectual disabilities, and for other purposes.
1. Short title This Act may be cited as the Opportunity Village Conveyance and Expansion Act of 2014 . 2. Definitions In this Act: (1) Site The term Deer Springs/Thom/Rome/North Decatur Site means the approximately 17.49 acres leased to the City under the Recreation and Public Purposes Act and approximately 9.45 acres patented to the City under the Recreation and Public Purposes Act generally depicted as the Deer Springs/Thom/Rome/North Decatur Site on the map titled Opportunity Village Conveyance and Expansion Act and dated _____. (2) City The term City means the city of Las Vegas, Nevada. (3) Opportunity village The term Opportunity Village means Opportunity Village, a nonprofit organization described under section 501(c)(3) of the Internal Revenue Code of 1986, the principal place of business of which is at 6050 South Buffalo Drive, Las Vegas, Nevada. (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. 3. Land conveyance (a) Acceptance The Secretary may accept the relinquishment by the City of all or part of the Deer Springs/Thom/Rome/North Decatur Site for conveyance to Opportunity Village, if the City— (1) prepares a survey and legal description of the Deer Springs/Thom/Rome/North Decatur Site; and (2) the survey prepared under paragraph (1) conforms to the Bureau of Land Management cadastral survey standards and meets the approval of the Secretary. (b) Conveyance for certain uses Not later than 180 days after a request by Opportunity Village, the Secretary shall convey to Opportunity Village, subject to valid existing rights, all portions of the Deer Springs/Thom/Rome/North Decatur Site relinquished to the Secretary by the City under subsection (a). Land conveyed to Opportunity Village under this subsection shall be used only for the following: (1) The development of a nonprofit work center and affordable housing for people with intellectual disabilities. (2) Ancillary use compatible with the mission of Opportunity Village. (c) Transaction costs All land conveyed by the Secretary under this Act shall be at no cost, except that the Secretary may require the recipient to bear any costs associated with transfer of title and any necessary land surveys. (d) Reversion Any portion of the land conveyed pursuant to this Act that ceases to be used for the purposes specified in subsection (b) shall, at the discretion of the Secretary, revert to the United States, along with any improvements thereon or thereto.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4891ih/xml/BILLS-113hr4891ih.xml
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113-hr-4892
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I 113th CONGRESS 2d Session H. R. 4892 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Mr. Langevin (for himself, Mr. Michaud , and Ms. Esty ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committees on Armed Services , Ways and Means , Oversight and Government Reform , 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 expand eligibility for the program of comprehensive assistance for family caregivers of the Department of Veterans Affairs, to expand benefits available to participants under such program, to enhance special compensation for members of the uniformed services who require assistance in everyday life, and for other purposes.
1. Short title This Act may be cited as the Military and Veteran Caregiver Services Improvement Act of 2014 . 2. Expansion of eligibility for participation in and services provided under family caregiver program of Department of Veterans Affairs (a) Family caregiver program (1) Expansion of eligibility Subsection (a)(2)(B) of section 1720G of title 38, United States Code, is amended by striking on or after September 11, 2001 . (2) Clarification of eligibility for illness Such subsection is further amended by inserting or illness after serious injury . (3) Expansion of needed services in eligibility criteria Subsection (a)(2)(C) of such section is amended— (A) in clause (ii), by striking ; or and inserting a semicolon; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following new clause (iii): (iii) a need for regular or extensive instruction or supervision in completing two or more instrumental activities of daily living; or . (4) Expansion of services provided Subsection (a)(3)(A)(ii) of such section is amended— (A) in subclause (IV), by striking ; and and inserting a semicolon; (B) in subclause (V), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subclauses: (VI) child care services or a monthly stipend for such services if such services are not readily available from the Department; (VII) financial planning services relating to the needs of injured and ill veterans and their caregivers; and (VIII) legal services, including legal advice and consultation, relating to the needs of injured and ill veterans and their caregivers. . (5) Expansion of respite care provided Subsection (a)(3)(B) of such section is amended by striking shall be and all that follows through the period at the end and inserting shall— (i) be medically and age-appropriate; (ii) include in-home care; and (iii) include peer-oriented group activities. . (6) Modification of stipend calculation Subsection (a)(3)(C) of such section is amended— (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause (iii): (iii) In determining the amount and degree of personal services provided under clause (i) with respect to an eligible veteran whose need for personal care services is based in whole or in part on a need for supervision or protection under paragraph (2)(C)(ii) or regular instruction or supervision in completing tasks under paragraph (2)(C)(iii), the Secretary shall take into account the following: (I) The assessment by the family caregiver of the needs and limitations of the veteran. (II) The extent to which the veteran can function safely and independently in the absence of such supervision, protection, or instruction. (III) The amount of time required for the family caregiver to provide such supervision, protection, or instruction to the veteran. . (7) Periodic evaluation of need for certain services Subsection (a)(3) of such section is amended by adding at the end the following new subparagraph: (D) In providing instruction, preparation, and training under subparagraph (A)(i)(I) and technical support under subparagraph (A)(i)(II) to each family caregiver who is approved as a provider of personal care services for an eligible veteran under paragraph (6), the Secretary shall periodically evaluate the needs of the eligible veteran and the skills of the family caregiver of such veteran to determine if additional instruction, preparation, training, or technical support under those subparagraphs is necessary. . (b) Repeal of general caregiver support program Such section is amended by striking subsection (b). (c) Provision of assistance to caregivers of certain veterans Such section is further amended by inserting after subsection (a) the following new subsection (b): (b) Provision of assistance to caregivers of certain veterans (1) In providing assistance under subsection (a) to family caregivers of eligible veterans who were discharged from the Armed Forces before September 11, 2001, the Secretary may enter into memoranda of understanding with agencies, States, and other entities to provide such assistance to such veterans. (2) The Secretary may provide assistance under this subsection only if such assistance is reasonably accessible to the veteran and is substantially equivalent or better in quality to similar services provided by the Department. (3) The Secretary may provide fair compensation to entities that provide assistance under this subsection pursuant to memoranda of understanding entered into under paragraph (1). (4) In carrying out this subsection, the Secretary shall work with the interagency working group on policies relating to caregivers of veterans and members of the Armed Forces established under section 7 of the Military and Veteran Caregiver Services Improvement Act of 2014 . . (d) Modification of definition of family member Subparagraph (B) of subsection (d)(3) of such section is amended to read as follows: (B) is not a member of the family of the veteran and does not provide care to the veteran on a professional basis. . (e) Modification of definition of personal care services Subsection (d)(4) of such section is amended— (1) in subparagraph (A), by striking independent ; (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting after subparagraph (A) the following new subparagraphs: (B) Supervision or protection based on symptoms or residuals of neurological or other impairment or injury. (C) Regular or extensive instruction or supervision in completing two or more instrumental activities of daily living. . (f) Annual evaluation report (1) In general Paragraph (2) of section 101(c) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 38 U.S.C. 1720G note) is amended to read as follows: (2) Contents Each report required by paragraph (1) after the date of the enactment of the Military and Veteran Caregiver Services Improvement Act of 2014 shall include the following with respect to the program of comprehensive assistance for family caregivers required by subsection (a)(1) of such section 1720G: (A) The number of family caregivers that received assistance under such program. (B) The cost to the Department of providing assistance under such program. (C) A description of the outcomes achieved by, and any measurable benefits of, carrying out such program. (D) An assessment of the effectiveness and the efficiency of the implementation of such program, including a description of any barriers to accessing and receiving care and services under such program. (E) A description of the outreach activities carried out by the Secretary under such program. (F) An assessment of the manner in which resources are expended by the Secretary under such program, particularly with respect to the provision of monthly personal caregiver stipends under subsection (a)(3)(A)(ii)(V) of such section 1720G. (G) An evaluation of the sufficiency and consistency of the training provided to family caregivers under such program in preparing family caregivers to provide care to veterans under such program. (H) Such recommendations, including recommendations for legislative or administrative action, as the Secretary considers appropriate in light of carrying out such program. . (g) Conforming amendments (1) Eligible veteran Subsection (a)(2) of such section is amended, in the matter preceding subparagraph (A), by striking subsection and inserting section . (2) Definitions Subsection (d) of such section is amended— (A) in paragraph (1), by striking under subsection (a) or a covered veteran under subsection (b) ; (B) in paragraph (2), by striking under subsection (a) ; (C) in paragraph (3), by striking under subsection (a) ; and (D) in paragraph (4), in the matter preceding subparagraph (A), by striking under subsection (a) or a covered veteran under subsection (b) . (3) Counseling, training, and mental health services Section 1782(c)(2) of title 38, United States Code, is amended by striking or a caregiver of a covered veteran . 3. Authority to transfer entitlement to Post-9/11 education assistance to family members by seriously injured veterans in need of personal care services (a) In general Subchapter II of chapter 33 of title 38, United States Code, is amended by adding at the end the following new section: 3319A. Authority to transfer unused education benefits to family members by seriously injured veterans (a) In general Subject to the provisions of this section, the Secretary may permit an individual described in subsection (b) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance, subject to the limitation under subsection (d). (b) Eligible individuals An individual referred to in subsection (a) is any individual who— (1) retired for physical disability under chapter 61 of title 10; or (2) is described in paragraph (2) of section 1720G(a) of this title and who is participating in the program established under paragraph (1) of such section. (c) Eligible dependents An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement as follows: (1) To the individual's spouse. (2) To one or more of the individual's children. (3) To a combination of the individuals referred to in paragraphs (1) and (2). (d) Limitation on months of transfer (1) The total number of months of entitlement transferred by a individual under this section may not exceed 36 months. (2) The Secretary may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months. (e) Designation of transferee An individual transferring an entitlement to educational assistance under this section shall— (1) designate the dependent or dependents to whom such entitlement is being transferred; (2) designate the number of months of such entitlement to be transferred to each such dependent; and (3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). (f) Time for transfer; revocation and modification (1) Transfer of entitlement to educational assistance under this section shall be subject to the time limitation for use of entitlement under section 3321 of this title. (2) (A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. (B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to the Secretary. (3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding. (g) Commencement of use A dependent child to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement until either— (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or (2) the attainment by the child of 18 years of age. (h) Additional administrative matters (1) The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. (2) Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6), a dependent to whom entitlement is transferred under this section is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred. (3) The monthly rate of educational assistance payable to a dependent to whom entitlement referred to in paragraph (2) is transferred under this section shall be payable at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer. (4) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. (5) (A) A child to whom entitlement is transferred under this section may use the benefits transferred without regard to the 15-year delimiting date specified in section 3321 of this title, but may not, except as provided in subparagraph (B), use any benefits so transferred after attaining the age of 26 years. (B) (i) Subject to clause (ii), in the case of a child who, before attaining the age of 26 years, is prevented from pursuing a chosen program of education by reason of acting as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a) of this title, the child may use the benefits beginning on the date specified in clause (iii) for a period whose length is specified in clause (iv). (ii) Clause (i) shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual's designation as such a primary provider under section 1720G(a)(7)(D) of this title. (iii) The date specified in this clause for the beginning of the use of benefits by a child under clause (i) is the later of— (I) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i); (II) the date on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the child to initiate or resume the use of benefits; or (III) the date on which the child attains the age of 26 years. (iv) The length of the period specified in this clause for the use of benefits by a child under clause (i) is the length equal to the length of the period that— (I) begins on the date on which the child begins acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i); and (II) ends on the later of— (aa) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member as described in clause (i); or (bb) the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits. (6) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). (7) The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provisions. (i) Overpayment (1) In the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of this title. (2) (A) Except as provided in subparagraph (B), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(1) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance under paragraph (1). (B) Subparagraph (A) shall not apply in the case of an individual who fails to complete service agreed to by the individual— (i) by reason of the death of the individual; or (ii) for a reason referred to in section 3311(c)(4) of this title. (j) Regulations (1) The Secretary shall prescribe regulations to carry out this section. (2) Such regulations shall specify— (A) the manner of authorizing the transfer of entitlements under this section; (B) the eligibility criteria in accordance with subsection (b); and (C) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2). . (b) Conforming amendments (1) Transfers by members of Armed Forces The heading of section 3319 of such title is amended by inserting by members of the Armed Forces after family members . (2) Bar to duplication of educational assistance benefits Section 3322(e) of such title is amended by inserting or 3319A after and 3319 . (c) Clerical amendment The table of sections at the beginning of chapter 33 of such title is amended by striking the item relating to section 3319 and inserting the following new items: 3319. Authority to transfer unused education benefits to family members by members of the Armed Forces. 3319A. Authority to transfer unused education benefits to family members by seriously injured veterans. . 4. Enhancement of special compensation for members of the uniformed services with injuries or illnesses requiring assistance in everyday living (a) Expansion of covered members Subsection (b) of section 439 of title 37, United States Code, is amended— (1) by striking paragraphs (1) through (3) and inserting the following new paragraphs: (1) has a serious injury or illness that was incurred or aggravated in the line of duty; (2) is in need of personal care services (including supervision or protection or regular instruction or supervision) as a result of such injury or illness; and ; and (2) by redesignating paragraph (4) as paragraph (3). (b) Nontaxability of special compensation Such section is further amended— (1) by redesignating subsections (e), (f), (g), and (h) as subsections (g), (h), (i), and (j), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Nontaxability of compensation Monthly special compensation paid under subsection (a) shall not be included in income for purposes of the Internal Revenue Code of 1986. . (c) Provision of assistance to family caregivers Such section is further amended by inserting after subsection (e), as amended by subsection (b) of this section, the following new subsection (f): (f) Assistance for family caregivers (1) The Secretary of Veterans Affairs shall provide family caregivers of a member in receipt of monthly special compensation under subsection (a) the assistance required to be provided to family caregivers of eligible veterans under section 1720G(a)(3)(A) of title 38 (other than the monthly personal caregiver stipend provided for in clause (ii)(V) of such section). For purposes of the provision of such assistance under this subsection, the definitions in section 1720G(d) of title 38 shall apply, except that any reference in such definitions to a veteran or eligible veteran shall be deemed to be a reference to the member concerned. (2) The Secretary of Veterans Affairs shall provide assistance under this subsection— (A) in accordance with a memorandum of understanding entered into by the Secretary of Veterans Affairs and the Secretary of Defense; and (B) in accordance with a memorandum of understanding entered into by the Secretary of Veterans Affairs and the Secretary of Homeland Security (with respect to members of the Coast Guard). . (d) Expansion of covered injuries and illnesses Subsection (i) of such section, as redesignated by subsection (b)(1) of this section, is amended to read as follows: (i) Serious injury or illness defined In this section, the term serious injury or illness means an injury, disorder, or illness (including traumatic brain injury, psychological trauma, or other mental disorder) that— (1) renders the afflicted person unable to carry out one or more activities of daily living; (2) renders the afflicted person in need of supervision or protection due to the manifestation by such person of symptoms or residuals of neurological or other impairment or injury; (3) renders the afflicted person in need of regular or extensive instruction or supervision in completing two or more instrumental activities of daily living; or (4) otherwise impairs the afflicted person in such manner as the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) prescribes for purposes of this section. . (e) Clerical amendments (1) Heading amendment The heading for such section is amended to read as follows: 439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living . (2) Table of sections amendment The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 439 and inserting the following new item: 439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living. . 5. Flexible work arrangements for certain Federal employees (a) Definition of covered employee In this section, the term covered employee means an employee (as defined in section 2105 of title 5, United States Code) who— (1) is a caregiver, as defined in section 1720G of title 38, United States Code; or (2) is a caregiver of an individual who receives compensation under section 439 of title 37, United States Code. (b) Authority To allow flexible work arrangements The Director of the Office of Personnel Management may promulgate regulations under which a covered employee may— (1) use a flexible schedule or compressed schedule in accordance with subchapter II of chapter 61 of title 5, United States Code; or (2) telework in accordance with chapter 65 of title 5, United States Code. 6. Lifespan respite care (a) Definitions Section 2901 of the Public Health Service Act ( 42 U.S.C. 300ii ) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and realigning the margins accordingly; (B) by striking who requires care or supervision to— and inserting who— (A) requires care or supervision to— ; (C) by striking the period and inserting ; or ; and (D) by adding at the end the following: (B) is a veteran participating in the program of comprehensive assistance for family caregivers under section 1720G of title 38, United States Code. ; and (2) in paragraph (5), by striking or another unpaid adult, and inserting another unpaid adult, or a family caregiver as defined in section 1720G of title 38, United States Code, who receives compensation under such section, . (b) Grants and cooperative agreements Section 2902(c) of the Public Health Service Act ( 42 U.S.C. 300ii–1(c) ) is amended by inserting and the interagency working group on policies relating to caregivers of veterans established under section 7 of the Military and Veteran Caregiver Services Improvement Act of 2014 after Human Services . (c) Authorization of appropriations Section 2905 of the Public Health Service Act ( 42 U.S.C. 300ii–4 ) is amended— (1) in paragraph (4), by striking and at the end; (2) in paragraph (5), by striking the period and inserting ; and ; and (3) by adding at the end the following: (6) $15,000,000 for each of fiscal years 2015 through 2019. . 7. Interagency working group on caregiver policy (a) Establishment There shall be established in the executive branch an interagency working group on policies relating to caregivers of veterans and members of the Armed Forces (in this section referred to as the working group ). (b) Composition (1) In general The working group shall be composed of the following: (A) A chair selected by the President. (B) A representative from each of the following agencies or organizations selected by the head of such agency or organization: (i) The Department of Veterans Affairs. (ii) The Department of Defense. (iii) The Department of Health and Human Services. (iv) The Department of Labor. (v) The Centers for Medicare and Medicaid Services. (2) Advisors The chair may select any of the following individuals that the chair considers appropriate to advise the working group in carrying out the duties of the working group: (A) Academic experts in fields relating to caregivers. (B) Clinicians. (C) Caregivers. (D) Individuals in receipt of caregiver services. (c) Duties The duties of the working group are as follows: (1) To regularly review policies relating to caregivers of veterans and members of the Armed Forces. (2) To coordinate and oversee the implementation of policies relating to caregivers of veterans and members of the Armed Forces. (3) To evaluate the effectiveness of policies relating to caregivers of veterans and members of the Armed Forces, including programs in each relevant agency, by developing and applying specific goals and performance measures. (4) To develop standards of care for caregiver services and respite care services provided to a caregiver, veteran, or member of the Armed Forces by a non-profit or private sector entity. (5) To ensure the availability of mechanisms for agencies, and entities affiliated with or providing services on behalf of agencies, to enforce the standards described in paragraph (4) and conduct oversight on the implementation of such standards. (6) To develop recommendations for legislative or administrative action to enhance the provision of services to caregivers, veterans, and members of the Armed Forces, including eliminating gaps in such services and eliminating disparities in eligibility for such services. (7) To coordinate with State and local agencies and relevant non-profit organizations on maximizing the use and effectiveness of resources for caregivers of veterans and members of the Armed Forces. (d) Reports (1) In general Not later than December 31, 2014, and annually thereafter, the chair of the working group shall submit to Congress a report on policies and services relating to caregivers of veterans and members of the Armed Forces. (2) Elements Each report required by paragraph (1) shall include the following: (A) An assessment of the policies relating to caregivers of veterans and members of the Armed Forces and services provided pursuant to such policies as of the date of submittal of such report. (B) A description of any steps taken by the working group to improve the coordination of services for caregivers of veterans and members of the Armed Forces among the entities specified in subsection (b)(1)(B) and eliminate barriers to effective use of such services, including aligning eligibility criteria. (C) An evaluation of the performance of the entities specified in subsection (b)(1)(B) in providing services for caregivers of veterans and members of the Armed Forces. (D) An evaluation of the quality and sufficiency of services for caregivers of veterans and members of the Armed Forces available from non-governmental organizations. (E) A description of any gaps in care or services provided by caregivers to veterans or members of the Armed Forces identified by the working group, and steps taken by the entities specified in subsection (b)(1)(B) to eliminate such gaps or recommendations for legislative or administrative action to address such gaps. (F) Such other matters or recommendations as the chair considers appropriate. 8. Studies on post-September 11, 2001, veterans and seriously injured veterans (a) Longitudinal study on post-9/11 veterans (1) In general The Secretary of Veterans Affairs shall provide for the conduct of a longitudinal study on members of the Armed Forces who commenced service in the Armed Forces after September 11, 2001. (2) Grant or contract The Secretary shall award a grant to, or enter into a contract with, an appropriate entity unaffiliated with the Department of Veterans Affairs to conduct the study required by paragraph (1). (3) Plan Not later than one year after the date of the enactment of this Act, 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 plan for the conduct of the study required by paragraph (1). (4) Reports Not later than October 1, 2019, and every four years thereafter, 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 the study required by paragraph (1) as of the date of such report. (b) Comprehensive study on seriously injured veterans and their caregivers (1) In general The Secretary of Veterans Affairs shall provide for the conduct of a comprehensive study on the following: (A) Veterans who have incurred a serious injury or illness, including a mental health injury. (B) Individuals who are acting as caregivers for veterans. (2) Elements The comprehensive study required by paragraph (1) shall include the following with respect to each veteran included in such study: (A) The health of the veteran and, if applicable, the impact of the caregiver of such veteran on the health of such veteran. (B) The employment status of the veteran and, if applicable, the impact of the caregiver of such veteran on the employment status of such veteran. (C) The financial status and needs of the veteran. (D) The use by the veteran of benefits available to such veteran from the Department of Veterans Affairs. (E) Any other information that the Secretary considers appropriate. (3) Grant or contract The Secretary shall award a grant to, or enter into a contract with, an appropriate entity unaffiliated with the Department of Veterans Affairs to conduct the study required by paragraph (1). (4) Report Not later than two years after the date of the enactment of this Act, 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 the study required by paragraph (1).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4892ih/xml/BILLS-113hr4892ih.xml
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113-hr-4893
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I 113th CONGRESS 2d Session H. R. 4893 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Ms. Michelle Lujan Grisham of New Mexico introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to provide for the non-application of the waiting period for disability insurance benefits in cases of terminally ill beneficiaries, and for other purposes.
1. Short title This Act may be cited as the Jeremy Sanchez Social Security Disability Insurance Fairness Act . 2. Non-application of waiting period for disability insurance benefits in cases of terminally ill beneficiaries Section 223(a) of the Social Security Act ( 42 U.S.C. 423(a) ) is amended by adding at the end the following: (3) (A) In the case of any application for disability insurance benefits filed by an individual who is determined to be under a disability, paragraph (1) shall be applied without regard to the waiting period referred to in such paragraph if— (i) the individual is terminally ill, or (ii) the Commissioner of Social Security determines that the application of the waiting period would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). (B) For the purposes of this paragraph, an individual is considered to be terminally ill if the individual has a medical prognosis that the individual’s life expectancy is 12 months or less. . 3. Effective date The amendment made by section 2 shall apply with respect to applications for monthly insurance benefits filed on or after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4893ih/xml/BILLS-113hr4893ih.xml
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113-hr-4894
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I 113th CONGRESS 2d Session H. R. 4894 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the United States Commission on an Open Society with Security.
1. Short title This Act may be cited as the United States Commission on an Open Society with Security Act of 2014 . 2. Findings Congress finds that— (1) an open society which affords free access to public facilities and spaces and which protects the right to engage in open discussion is an essential premise of American governmental institutions and democratic values; (2) the United States is currently facing a challenge to the safety and security of the public, public employees, and public facilities and spaces that is unique in the history of this Nation; (3) to meet this challenge without eroding or harming any of the basic tenets of the Republic and of our democracy, this Nation needs to assemble the best thinking available; and (4) a commission of experts from a broad base of disciplines and backgrounds is necessary to examine all the factors that should be considered in securing public safety from terrorist attacks while maintaining the highest level of free and open access to the public. 3. Establishment of Commission (a) Establishment There is established a commission to be known as the United States Commission on an Open Society with Security (in this Act referred to as the Commission ). (b) Composition The Commission shall be composed of 21 members appointed in accordance with subsection (d)(1) from among individuals representing such fields or groups as the following: architecture, technology, civil libertarians, humanists, members of the Armed Forces, Federal Government employees, city planners, business leaders, lawyers, artists, public building security, engineers, philosophers, historians, sociologists, and psychologists. The President shall designate one of those members to be the Chairperson of the Commission. (c) Terms; quorum; meetings; vacancies Members shall be appointed for the life of the Commission. Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings. After its initial meeting, the Commission shall meet at the call of the Chairperson of the Commission or a majority of its members. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (d) Appointments; initial meeting (1) Appointments Appointments to the Commission shall be made as follows: (A) 9 members appointed by the President. (B) 3 members appointed by the Speaker of the House of Representatives. (C) 3 members appointed by the Minority Leader of the House of Representatives. (D) 3 members appointed by the Majority Leader of the Senate. (E) 3 members appointed by the Minority Leader of the Senate. (2) Initial meeting If, after 90 days following the date of enactment of this Act, 9 or more members of the Commission have been appointed, the members who have been appointed may meet, and the Chairperson shall have the authority to begin the operations of the Commission, including the hiring of staff. 4. Functions of Commission (a) In general The Commission shall study and make findings and recommendations relating to the question of how the Government of the United States may provide, in a balanced manner, for both security in and public access to Federal buildings and other Federal property and sites. (b) Matters To be examined In carrying out this Act, the Commission shall specifically examine matters that relate to the security of, and open access to, public facilities and spaces, including— (1) Federal, other governmental, and private security practices and proposals, building design, public space management, counterterrorism needs, and refurbishment of existing Federal facilities; (2) the effect of access to public facilities and spaces on— (A) maintenance of security and safety; (B) free speech, the right to petition the Government, and other constitutional rights and civil liberties; (C) economies of affected jurisdictions or parts thereof; (D) physical changes and architectural aesthetics of affected areas; (E) traffic and congestion; and (F) job performance of employees within the affected facilities; (3) current and potential uses of technology to augment or replace traditional modes of security; (4) practices of and comparisons with other entities and nations; and (5) current and potential analytical methods of assessing the risks posed by the various forms of terrorism, balanced against the specific needs and values of open access. (c) Coordination of activities The Commission shall take appropriate measures to avoid unnecessary duplication of efforts previously or currently being undertaken by any other person or entity. 5. Powers of Commission (a) In general The Commission or, on the authorization of the Commission, any member or agent of 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 appropriate to carry out this Act. (b) Obtaining official information The Commission may secure directly from any department, agency, or other entity of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of such governmental entity shall furnish, to the extent authorized by law, such information to the Commission. (c) Security (1) Security clearances The members and staff of the Commission shall hold, as a condition of appointment to or employment with the Commission, appropriate security clearances for access to the classified briefing, records, and materials to be reviewed by the Commission or its staff and shall follow the guidance and practices on security under applicable Executive orders and agency directives. (2) Conditions to granting access The head of an agency shall require, as a condition of granting access to a member of the Commission or a member of the staff of the Commission to classified records or materials of the agency under this Act, require the member to— (A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and (B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials. (3) Restriction on use The members of the Commission and the members of the staff of the Commission may not use any information acquired in the course of their official activities on the Commission for nonofficial purposes. (4) Need to know For purposes of any law or regulation governing access to classified information that pertains to the national security of the United States and to facilitate the advisory functions of the Commission under this Act, a member of the Commission or a member of the staff of the Commission seeking access to a record or material under this Act shall be deemed for purposes of this subsection to have a need to know the contents of the record or material. (5) Rule of construction A reference in this subsection to the staff of the Commission includes individuals described in sections 6(d) and 6(e). (d) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Administrative support services The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. 6. Personnel matters (a) Compensation of members Members of the Commission shall not be compensated by reason of their service on the Commission. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff Subject to such rules as the Commission may prescribe, the Chairperson of the Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), may appoint and fix the pay of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions; except that no rate of pay fixed under this subsection may exceed the maximum rate of basic pay payable for GS–15 of the General Schedule. (d) Staff of Federal agencies Upon request of the Chairperson of the Commission, the head of any department or agency of the United States may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act. (e) Experts and consultants With the approval of the Commission, 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 not to exceed the daily equivalent of the maximum rate of basic pay payable for GS–15 of the General Schedule. 7. Report (a) Submission to the President The Commission shall transmit its final report to the President not later than 2 years after the initial meeting of the Commission. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative, administrative, or other action as the Commission considers appropriate. (b) Submission to the Congress Not later than 6 months after receiving the final report of the Commission under subsection (a), the President shall transmit such report to Congress, together with any comments or recommendations (including any proposed legislation) which the President considers appropriate. 8. Termination of Commission The Commission shall terminate on the 90th day after the date on which the Commission is required to submit its final report under section 7(a). 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act— (1) $5,000,000 for fiscal year 2015; and (2) $5,000,000 for fiscal year 2016.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4894ih/xml/BILLS-113hr4894ih.xml
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113-hr-4895
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I 113th CONGRESS 2d Session H. R. 4895 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Mr. Pallone introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the sale or distribution of cosmetics containing synthetic plastic microbeads.
1. Short title This Act may be cited as the Microbead-Free Waters Act of 2014 . 2. Prohibition against sale or distribution of cosmetics containing synthetic plastic microbeads (a) In general Section 601 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 361 ) is amended by adding at the end the following: (f) If it contains synthetic plastic microbeads. . (b) Applicability The amendment made by subsection (a) applies beginning on January 1, 2018.
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113-hr-4896
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I 113th CONGRESS 2d Session H. R. 4896 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Mr. Ribble (for himself and Mr. Rigell ) introduced the following bill; which was referred to the Committee on Rules , and in addition to the Committee on 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 prohibit congressional recesses until Congress adopts a concurrent resolution on the budget that results in a balanced Federal budget by fiscal year 2024, and for other purposes.
1. Short title This Act may be cited as the Do Your Job Act . 2. Findings Congress finds the following: (1) The Federal debt exceeds $17,000,000,000,000 and continues to grow. (2) It is the responsibility of Members of Congress to enact and implement policies that encourage economic growth and job creation, including a balanced budget. (3) In 2013, the House of Representatives was in session only 160 days and the Senate was in session only 156 days. (4) Congressional recess in a time of excessive national debt is a lost opportunity to reach agreement about a balanced budget. 3. No congressional recesses (a) In general During the period beginning on the date of enactment of this Act and ending on the date specified in subsection (b), neither the Senate nor the House of Representatives may recess or stand adjourned for a period of longer than 24 hours. (b) Balanced budget agreed to The date described in this subsection is the date a concurrent resolution on the budget is agreed to that establishes a level of deficit of $0 or a surplus by not later than fiscal year 2024. (c) Rules of House of Representatives and Senate This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 4. House and Senate approval of regular appropriation bills Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: (g) House and Senate approval of regular appropriation bills (1) Point of order in the House of Representatives against adjourning in August until House passage of all appropriation bills It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of August until the House of Representatives has approved annual appropriation bills providing new budget authority under the jurisdiction of all the subcommittees of the Committee on Appropriations of the House of Representatives for the fiscal year beginning on October 1 of such year. (2) Points of order in the House of Representatives and Senate against adjourning until House and Senate passage of all appropriation bills Beginning on October 1 of a session of Congress and during the duration of that session, it shall not be in order in the House of Representatives or the Senate to consider any resolution providing for an adjournment period of more than three calendar days for the duration of that session until the annual appropriation bills providing new budget authority under the jurisdiction of all the subcommittees of the Committees on Appropriations of the House of Representatives and the Senate for the fiscal year beginning on October 1 of such year have been presented to the President under section 7 of article I of the Constitution. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4896ih/xml/BILLS-113hr4896ih.xml
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113-hr-4897
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I 113th CONGRESS 2d Session H. R. 4897 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Mr. Salmon (for himself, Mr. Hastings of Florida , Mr. Roe of Tennessee , Mrs. McCarthy of New York , Mr. Thompson of Pennsylvania , Mr. Kelly of Pennsylvania , Mr. Hudson , Mr. Franks of Arizona , Mr. Tonko , Mr. McKeon , Mrs. Kirkpatrick , Mr. Hunter , Ms. Sinema , Mr. Garcia , Ms. Loretta Sanchez of California , Mr. Sires , Mr. Murphy of Florida , Mr. Matheson , Mr. Grayson , and Mr. Rokita ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Education to complete a data analysis on the impact of the proposed rule on gainful employment prior to issuing a final rule on gainful employment.
1. Short title This Act may be cited as the Transparency in Education Act . 2. Data analysis requirement for final rule on gainful employment (a) In general The Secretary of Education shall not issue a final rule or otherwise implement the proposed rule published by the Department of Education in the notice of proposed rulemaking in the Federal Register on March 25, 2014 (79 Fed. Reg. 16426 et seq.), or any other proposed rule that amends parts 600 or 668 of title 34, Code of Federal Regulations, with respect to gainful employment programs, until 90 days after— (1) the Secretary of Education publishes a complete data analysis— (A) on the impact of such proposed rule (including the debt-to-earnings and programmatic cohort default rate measures) on all postsecondary education programs and students at all categories of institutions of higher education that participate in a program under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), including the impact on— (i) students who receive Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ); (ii) minority students; (iii) students over age 24; (iv) students who are veterans; (v) independent students; and (vi) dependent students; and (B) in a format similar to the Gainful Employment 2012 Informational Rate Calculations published by the Department of Education; and (2) the Comptroller General of the United States issues a report that reviews such data analysis for data accuracy and completeness. (b) Definitions For purposes of this section: (1) Independent student The term independent student has the meaning given the term in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d)). (2) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include institutions described in subparagraph (C) of section 102(a)(1). (3) Veteran The term veteran has the meaning given the term in section 480(c) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(c)).
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113-hr-4898
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I 113th CONGRESS 2d Session H. R. 4898 IN THE HOUSE OF REPRESENTATIVES June 18, 2014 Ms. Sinema (for herself and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide hospital care and medical services in non-Department facilities for veterans waiting longer than 14 days for an appointment in a Department facility, and for other purposes.
1. Short title This Act may be cited as the Access to Veteran-Centered Community Care Act . 2. Department of Veterans Affairs provision of hospital care and medical services in non-Department facilities for veterans waiting 14 days or longer for an appointment Section 1703 of title 38, United States Code, is amended by adding at the end the following new subsection: (e) (1) In carrying out this section, the Secretary of Veterans Affairs shall determine that if any veteran has been waiting for 14 days or longer for an appointment to receive hospital care or medical services, including primary care, in a Department facility that the Department facility is not capable of furnishing the care or services required. The Secretary shall ensure that such care or services are provided to such a veteran at a non-Department facility under a contract under this section. (2) If, in the course of receiving hospital care or medical services in a non-Department facility, a veteran is referred to another non-Department facility for specialty care, such referral shall be submitted to the Secretary who may reject such referral during the 72-hour period following such submittal. If the Secretary does not reject the referral during such period, the Secretary shall ensure that such specialty care is provided to the veteran at a non-Department facility under a contract under this section. .
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113-hr-4899
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I 113th CONGRESS 2d Session H. R. 4899 IN THE HOUSE OF REPRESENTATIVES AN ACT To lower gasoline prices for the American family by increasing domestic onshore and offshore energy exploration and production, to streamline and improve onshore and offshore energy permitting and administration, and for other purposes.
1. Short title This Act may be cited as the Lowering Gasoline Prices to Fuel an America That Works Act of 2014 . 2. Table of contents The table of contents for this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Offshore Energy and Jobs Subtitle A—Outer Continental Shelf Leasing Program Reforms Sec. 10101. Outer Continental Shelf leasing program reforms. Sec. 10102. Domestic oil and natural gas production goal. Sec. 10103. Development and submittal of new 5-year oil and gas leasing program. Sec. 10104. Rule of construction. Sec. 10105. Addition of lease sales after finalization of 5-year plan. Subtitle B—Directing the President To Conduct New OCS Sales Sec. 10201. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia. Sec. 10202. South Carolina lease sale. Sec. 10203. Southern California existing infrastructure lease sale. Sec. 10204. Environmental impact statement requirement. Sec. 10205. National defense. Sec. 10206. Eastern Gulf of Mexico not included. Subtitle C—Equitable Sharing of Outer Continental Shelf Revenues Sec. 10301. Disposition of Outer Continental Shelf revenues to coastal States. Subtitle D—Reorganization of Minerals Management Agencies of the Department of the Interior Sec. 10401. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety. Sec. 10402. Bureau of Ocean Energy. Sec. 10403. Ocean Energy Safety Service. Sec. 10404. Office of Natural Resources revenue. Sec. 10405. Ethics and drug testing. Sec. 10406. Abolishment of Minerals Management Service. Sec. 10407. Conforming amendments to Executive Schedule pay rates. Sec. 10408. Outer Continental Shelf Energy Safety Advisory Board. Sec. 10409. Outer Continental Shelf inspection fees. Sec. 10410. Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547. Subtitle E—United States Territories Sec. 10501. Application of Outer Continental Shelf Lands Act with respect to territories of the United States. Subtitle F—Miscellaneous Provisions Sec. 10601. Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006. Sec. 10602. Amount of distributed qualified outer Continental Shelf revenues. Sec. 10603. South Atlantic Outer Continental Shelf Planning Area defined. Sec. 10604. Enhancing geological and geophysical information for America’s energy future. Subtitle G—Judicial Review Sec. 10701. Time for filing complaint. Sec. 10702. District court deadline. Sec. 10703. Ability to seek appellate review. Sec. 10704. Limitation on scope of review and relief. Sec. 10705. Legal fees. Sec. 10706. Exclusion. Sec. 10707. Definitions. Title II—Onshore Federal Lands and Energy Security Subtitle A—Federal Lands Jobs and Energy Security Sec. 21001. Short title. Sec. 21002. Policies regarding buying, building, and working for America. Chapter 1—Onshore oil and gas permit streamlining Sec. 21101. Short title. Subchapter A—Application for Permits to Drill Process Reform Sec. 21111. Permit to drill application timeline. Subchapter B—Administrative Protest Documentation Reform Sec. 21121. Administrative protest documentation reform. Subchapter C—Permit Streamlining Sec. 21131. Making pilot offices permanent to improve energy permitting on Federal lands. Sec. 21132. Administration of current law. Subchapter D—Judicial Review Sec. 21141. Definitions. Sec. 21142. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 21143. Timely filing. Sec. 21144. Expedition in hearing and determining the action. Sec. 21145. Standard of review. Sec. 21146. Limitation on injunction and prospective relief. Sec. 21147. Limitation on attorneys’ fees. Sec. 21148. Legal standing. Subchapter E—Knowing America’s Oil and Gas Resources Sec. 21151. Funding oil and gas resource assessments. Chapter 2—Oil and gas leasing certainty Sec. 21201. Short title. Sec. 21202. Minimum acreage requirement for onshore lease sales. Sec. 21203. Leasing certainty. Sec. 21204. Leasing consistency. Sec. 21205. Reduce redundant policies. Sec. 21206. Streamlined congressional notification. Chapter 3—Oil shale Sec. 21301. Short title. Sec. 21302. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision. Sec. 21303. Oil shale leasing. Chapter 4—Miscellaneous provisions Sec. 21401. Rule of construction. Subtitle B—Planning for American Energy Sec. 22001. Short title. Sec. 22002. Onshore domestic energy production strategic plan. Subtitle C—National Petroleum Reserve in Alaska access Sec. 23001. Short title. Sec. 23002. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska. Sec. 23003. National Petroleum Reserve in Alaska: lease sales. Sec. 23004. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction. Sec. 23005. Issuance of a new integrated activity plan and environmental impact statement. Sec. 23006. Departmental accountability for development. Sec. 23007. Deadlines under new proposed integrated activity plan. Sec. 23008. Updated resource assessment. Subtitle D—BLM Live Internet Auctions Sec. 24001. Short title. Sec. 24002. Internet-based onshore oil and gas lease sales. Title III—Miscellaneous provisions Sec. 30101. Establishment of Office of Energy Employment and Training. I Offshore Energy and Jobs A Outer Continental Shelf Leasing Program Reforms 10101. Outer Continental Shelf leasing program reforms Section 18(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a) ) is amended by adding at the end the following: (5) (A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area. (B) The Secretary shall include in each proposed oil and gas leasing program under this section any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing. The Secretary may not remove such a subdivision from the program until publication of the final program, and shall include and consider all such subdivisions in any environmental review conducted and statement prepared for such program under section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ). (C) In this paragraph the term available unleased acreage means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law. (6) (A) In the 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that— (i) are estimated to contain more than 2,500,000,000 barrels of oil; or (ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas. (B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation’s Outer Continental Shelf, 2006 . . 10102. Domestic oil and natural gas production goal Section 18(b) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(b) ) is amended to read as follows: (b) Domestic oil and natural gas production goal – (1) In general In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be— (A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf; (B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and (C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program. (2) Program goal For purposes of the 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2032 of— (A) no less than 3,000,000 barrels in the amount of oil produced per day; and (B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day. (3) Reporting The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal. . 10103. Development and submittal of new 5-year oil and gas leasing program (a) In general The Secretary of the Interior shall— (1) by not later than July 15, 2015, publish and submit to Congress a new proposed oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) for the 5-year period beginning on such date and ending July 15, 2021; and (2) by not later than July 15, 2016, approve a final oil and gas leasing program under such section for such period. (b) Consideration of all areas In preparing such program the Secretary shall include consideration of areas of the Continental Shelf off the coasts of all States (as such term is defined in section 2 of that Act, as amended by this title), that are subject to leasing under this title. (c) Technical correction Section 18(d)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(d)(3) ) is amended by striking or after eighteen months following the date of enactment of this section, whichever first occurs, . 10104. Rule of construction Nothing in this title shall be construed to authorize the issuance of a lease under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) to any person designated for the imposition of sanctions pursuant to— (1) the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability and Divestiture Act of 2010 ( 22 U.S.C. 8501 et seq. ), the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a ), or the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ); (2) Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013); (3) Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or (4) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 ( 22 U.S.C. 2151 note). 10105. Addition of lease sales after finalization of 5-year plan Section 18(d) of the Outer Continental Shelf Lands Act (43 U.S.C.1344(d)) is amended— (1) in paragraph (3), by striking After and inserting Except as provided in paragraph (4), after ; and (2) by adding at the end the following: (4) The Secretary may add to the areas included in an approved leasing program additional areas to be made available for leasing under the program, if all review and documents required under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) have been completed with respect to leasing of each such additional area within the 5-year period preceding such addition. . B Directing the President To Conduct New OCS Sales 10201. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia (a) In general Notwithstanding the exclusion of Lease Sale 220 in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) as soon as practicable, but not later than one year after the date of enactment of this Act. (b) Requirement To make replacement lease blocks available For each lease block in a proposed lease sale under this section for which the Secretary of Defense, in consultation with the Secretary of the Interior, under the Memorandum of Agreement referred to in section 10205(b), issues a statement proposing deferral from a lease offering due to defense-related activities that are irreconcilable with mineral exploration and development, the Secretary of the Interior, in consultation with the Secretary of Defense, shall make available in the same lease sale one other lease block in the Virginia lease sale planning area that is acceptable for oil and gas exploration and production in order to mitigate conflict. (c) Balancing military and energy production goals In recognition that the Outer Continental Shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section in order to ensure achievement of the following common goals: (1) Preserving the ability of the Armed Forces of the United States to maintain an optimum state of readiness through their continued use of the Outer Continental Shelf. (2) Allowing effective exploration, development, and production of our Nation’s oil, gas, and renewable energy resources. (d) Definitions In this section: (1) Lease sale 220 The term Lease Sale 220 means such lease sale referred to in the Request for Comments on the Draft Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010–2015 and Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Proposed 5-Year Program published January 21, 2009 (74 Fed. Reg. 3631). (2) Virginia lease sale planning area The term Virginia lease sale planning area means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 33 U.S.C. 1331 et seq. )) that is bounded by— (A) a northern boundary consisting of a straight line extending from the northernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (B) a southern boundary consisting of a straight line extending from the southernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. 10202. South Carolina lease sale Notwithstanding exclusion of the South Atlantic Outer Continental Shelf Planning Area from the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct a lease sale not later than 2 years after the date of the enactment of this Act for areas off the coast of South Carolina determined by the Secretary to have the most geologically promising hydrocarbon resources and constituting not less than 25 percent of the leasable area within the South Carolina offshore administrative boundaries depicted in the notice entitled Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf , published January 3, 2006 (71 Fed. Reg. 127). 10203. Southern California existing infrastructure lease sale (a) In general The Secretary of the Interior shall offer for sale leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area as soon as practicable, but not later than December 31, 2015. (b) Use of Existing Structures or Onshore-Based Drilling The Secretary of the Interior shall include in leases offered for sale under this lease sale such terms and conditions as are necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this Act or from onshore-based, extended-reach drilling. 10204. Environmental impact statement requirement (a) In General For the purposes of this title, the Secretary of the Interior shall prepare a multisale environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) for all lease sales required under this subtitle. (b) Actions To be considered Notwithstanding section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ), in such statement— (1) the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action; and (2) the Secretary shall only— (A) identify a preferred action for leasing and not more than one alternative leasing proposal; and (B) analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal. 10205. National defense (a) National Defense Areas This title does not affect the existing authority of the Secretary of Defense, with the approval of the President, to designate national defense areas on the Outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1341(d) ). (b) Prohibition on Conflicts With Military Operations No person may engage in any exploration, development, or production of oil or natural gas on the Outer Continental Shelf under a lease issued under this title that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. 10206. Eastern Gulf of Mexico not included Nothing in this title affects restrictions on oil and gas leasing under the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; 43 U.S.C. 1331 note). C Equitable Sharing of Outer Continental Shelf Revenues 10301. Disposition of Outer Continental Shelf revenues to coastal States (a) In general Section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ) is amended— (1) in the existing text— (A) in the first sentence, by striking All rentals, and inserting the following: (c) Disposition of revenue under old leases All rentals, ; and (B) in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking for the period from June 5, 1950, to date, and thereafter and inserting in the period beginning June 5, 1950, and ending on the date of enactment of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014 ; (2) by adding after subsection (c) (as so designated) the following: (d) Definitions In this section: (1) Coastal State The term coastal State includes a territory of the United States. (2) New leasing revenues The term new leasing revenues — (A) means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on new areas of the outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014 and leasing under that Act; and (B) does not include amounts received by the United States under any lease of an area located in the boundaries of the Central Gulf of Mexico and Western Gulf of Mexico Outer Continental Shelf Planning Areas on the date of enactment of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014 , including a lease issued before, on, or after such date of enactment. ; and (3) by inserting before subsection (c) (as so designated) the following: (a) Payment of new leasing revenues to coastal States (1) In general Except as provided in paragraph (2), of the amount of new leasing revenues received by the United States each fiscal year, 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States. (2) Phase-in (A) In general Except as provided in subparagraph (B), paragraph (1) shall be applied— (i) with respect to new leasing revenues under leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014 , by substituting 12.5 percent for 37.5 percent ; and (ii) with respect to new leasing revenues under leases awarded under the second leasing program under section 18(a) that takes effect after the date of enactment of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014 , by substituting 25 percent for 37.5 percent . (B) Exempted lease sales This paragraph shall not apply with respect to any lease issued under subtitle B of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014 . (b) Allocation of payments (1) In general The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to coastal States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be— (A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; (B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract; and (C) in the case of a coastal State that is the only coastal State within 200 miles of a leased tract, 100 percent of the total amounts allocated with respect to the leased tract. (3) Administration Amounts allocated to a coastal State under this subsection— (A) shall be available to the coastal State without further appropriation; (B) shall remain available until expended; (C) shall be in addition to any other amounts available to the coastal State under this Act; and (D) shall be distributed in the fiscal year following receipt. (4) Use of funds (A) In general Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program. . (b) Limitation on application This section and the amendment made by this section shall not affect the application of section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; ( 43 U.S.C. 1331 note)), as in effect before the enactment of this Act, with respect to revenues received by the United States under oil and gas leases issued for tracts located in the Western and Central Gulf of Mexico Outer Continental Shelf Planning Areas, including such leases issued on or after the date of the enactment of this Act. D Reorganization of Minerals Management Agencies of the Department of the Interior 10401. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety There shall be in the Department of the Interior— (1) an Under Secretary for Energy, Lands, and Minerals, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Secretary of the Interior or, if directed by the Secretary, to the Deputy Secretary of the Interior; (C) be paid at the rate payable for level III of the Executive Schedule; and (D) be responsible for— (i) the safe and responsible development of our energy and mineral resources on Federal lands in appropriate accordance with United States energy demands; and (ii) ensuring multiple-use missions of the Department of the Interior that promote the safe and sustained development of energy and minerals resources on public lands (as that term is defined in the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. )); (2) an Assistant Secretary of Ocean Energy and Safety, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on the Outer Continental Shelf of the United States; and (3) an Assistant Secretary of Land and Minerals Management, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on public lands and other Federal onshore lands under the jurisdiction of the Department of the Interior, including implementation of the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) and the Surface Mining Control and Reclamation Act ( 30 U.S.C. 1201 et seq. ) and administration of the Office of Surface Mining. 10402. Bureau of Ocean Energy (a) Establishment There is established in the Department of the Interior a Bureau of Ocean Energy (referred to in this section as the Bureau ), which shall— (1) be headed by a Director of Ocean Energy (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Bureau all functions, powers, and duties vested in the Secretary relating to the administration of a comprehensive program of offshore mineral and renewable energy resources management. (2) Specific authorities The Director shall promulgate and implement regulations— (A) for the proper issuance of leases for the exploration, development, and production of nonrenewable and renewable energy and mineral resources on the Outer Continental Shelf; (B) relating to resource identification, access, evaluation, and utilization; (C) for development of leasing plans, lease sales, and issuance of leases for such resources; and (D) regarding issuance of environmental impact statements related to leasing and post leasing activities including exploration, development, and production, and the use of third party contracting for necessary environmental analysis for the development of such resources. (3) Limitation The Secretary shall not carry out through the Bureau any function, power, or duty that is— (A) required by section 10403 to be carried out through the Ocean Energy Safety Service; or (B) required by section 10404 to be carried out through the Office of Natural Resources Revenue. (d) Responsibilities of land management agencies Nothing in this section shall affect the authorities of the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) or of the Forest Service under the National Forest Management Act of 1976 ( Public Law 94–588 ). 10403. Ocean Energy Safety Service (a) Establishment There is established in the Department of the Interior an Ocean Energy Safety Service (referred to in this section as the Service ), which shall— (1) be headed by a Director of Energy Safety (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Service all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) including the authority to develop, promulgate, and enforce regulations to ensure the safe and sound exploration, development, and production of mineral and renewable energy resources on the Outer Continental Shelf in a timely fashion. (2) Specific authorities The Director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the Outer Continental Shelf, including— (A) exploration, development, production, and ongoing inspections of infrastructure; (B) the suspending or prohibiting, on a temporary basis, any operation or activity, including production under leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334(a)(1) ); (C) cancelling any lease, permit, or right-of-way on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1334(a)(2) ); (D) compelling compliance with applicable Federal laws and regulations relating to worker safety and other matters; (E) requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration, development, and production of mineral or renewable energy resources; (F) developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations, including health, safety, or environmental regulations; (G) implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1347 ); (H) summoning witnesses and directing the production of evidence; (I) levying fines and penalties and disqualifying operators; (J) carrying out any safety, response, and removal preparedness functions; and (K) the processing of permits, exploration plans, development plans. (d) Employees (1) In general The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees who meet qualification requirements and adhere to the highest professional and ethical standards. (2) Qualifications The qualification requirements referred to in paragraph (1)— (A) shall be determined by the Secretary, subject to subparagraph (B); and (B) shall include— (i) 3 years of practical experience in oil and gas exploration, development, or production; or (ii) a degree in an appropriate field of engineering from an accredited institution of higher learning. (3) Assignment In assigning oil and gas inspectors to the inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made. (4) Background checks The Director shall require that an individual to be hired as an inspection officer undergo an employment investigation (including a criminal history record check). (5) Language requirements Individuals hired as inspectors must be able to read, speak, and write English well enough to— (A) carry out written and oral instructions regarding the proper performance of inspection duties; and (B) write inspection reports and statements and log entries in the English language. (6) Veterans preference The Director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the Armed Forces and is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the Armed Forces. (7) Annual proficiency review (A) Annual proficiency review The Director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented. (B) Continuation of employment An individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual— (i) continues to meet all qualifications and standards; (ii) has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program; and (iii) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform inspection functions. (8) Limitation on right to strike Any individual that conducts permitting or inspections under this section may not participate in a strike, or assert the right to strike. (9) Personnel authority Notwithstanding any other provision of law, the Director may employ, appoint, discipline and terminate for cause, and fix the compensation, terms, and conditions of employment of Federal service for individuals as the employees of the Service in order to restore and maintain the trust of the people of the United States in the accountability of the management of our Nation’s energy safety program. (10) Training Academy (A) In general The Secretary shall establish and maintain a National Offshore Energy Safety Academy (referred to in this paragraph as the Academy ) as an agency of the Ocean Energy Safety Service. (B) Functions of Academy The Secretary, through the Academy, shall be responsible for— (i) the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health, safety, environmental, and operational inspections; (ii) the training of technical support personnel of the Bureau; (iii) any other training programs for offshore oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and (iv) certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors. (C) Cooperative agreements (i) In general In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, safety training firms, and oil and gas operators and related industries. (ii) Training requirement Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary. (11) Use of Department personnel In performing functions under this subsection, the Secretary shall use, to the extent practicable, the facilities and personnel of the Department of the Interior. The Secretary may appoint or assign to the Academy such officers and employees as the Secretary considers necessary for the performance of the duties and functions of the Academy. (12) Additional training programs (A) In general The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed— (i) to enable persons to qualify for positions in the administration of this title; and (ii) to provide for the continuing education of inspectors or other appropriate Department of the Interior personnel. (B) Financial and technical assistance The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph. (e) Limitation The Secretary shall not carry out through the Service any function, power, or duty that is— (1) required by section 10402 to be carried out through Bureau of Ocean Energy; or (2) required by section 10404 to be carried out through the Office of Natural Resources Revenue. 10404. Office of Natural Resources revenue (a) Establishment There is established in the Department of the Interior an Office of Natural Resources Revenue (referred to in this section as the Office ) to be headed by a Director of Natural Resources Revenue (referred to in this section as the Director ). (b) Appointment and compensation (1) In general The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out, through the Office, all functions, powers, and duties vested in the Secretary and relating to the administration of offshore royalty and revenue management functions. (2) Specific authorities The Secretary shall carry out, through the Office, all functions, powers, and duties previously assigned to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding offshore royalty and revenue collection; royalty and revenue distribution; auditing and compliance; investigation and enforcement of royalty and revenue regulations; and asset management for onshore and offshore activities. (d) Limitation The Secretary shall not carry out through the Office any function, power, or duty that is— (1) required by section 10402 to be carried out through Bureau of Ocean Energy; or (2) required by section 10403 to be carried out through the Ocean Energy Safety Service. 10405. Ethics and drug testing (a) Certification The Secretary of the Interior shall certify annually that all Department of the Interior officers and employees having regular, direct contact with lessees, contractors, concessionaires, and other businesses interested before the Government as a function of their official duties, or conducting investigations, issuing permits, or responsible for oversight of energy programs, are in full compliance with all Federal employee ethics laws and regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and all guidance issued under subsection (c). (b) Drug Testing The Secretary shall conduct a random drug testing program of all Department of the Interior personnel referred to in subsection (a). (c) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics and drug testing guidance for the employees for which certification is required under subsection (a). The Secretary shall update the supplementary ethics guidance not less than once every 3 years thereafter. 10406. Abolishment of Minerals Management Service (a) Abolishment The Minerals Management Service is abolished. (b) Completed administrative actions (1) In general Completed administrative actions of the Minerals Management Service shall not be affected by the enactment of this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (2) Completed administrative action defined For purposes of paragraph (1), the term completed administrative action includes orders, determinations, memoranda of understanding, memoranda of agreements, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (c) Pending Proceedings Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this title— (1) pending proceedings in the Minerals Management Service, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue, notwithstanding the enactment of this Act or the vesting of functions of the Service in another agency, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this title had not been enacted; and (2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this title had not been enacted, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law. (d) Pending Civil Actions Subject to the authority of the Secretary of the Interior or any officer of the Department of the Interior under this title, pending civil actions shall continue notwithstanding the enactment of this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred. (e) References References relating to the Minerals Management Service in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this Act are deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Minerals Management Service immediately before the effective date of this title shall continue to apply. 10407. Conforming amendments to Executive Schedule pay rates (a) Under Secretary for Energy, Lands, and Minerals Section 5314 of title 5, United States Code, is amended by inserting after the item relating to Under Secretaries of the Treasury (3). the following: Under Secretary for Energy, Lands, and Minerals, Department of the Interior. . (b) Assistant Secretaries Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of the Interior (6). and inserting the following: Assistant Secretaries, Department of the Interior (7). . (c) Directors Section 5316 of title 5, United States Code, is amended by striking Director, Bureau of Mines, Department of the Interior. and inserting the following new items: Director, Bureau of Ocean Energy, Department of the Interior. Director, Ocean Energy Safety Service, Department of the Interior. Director, Office of Natural Resources Revenue, Department of the Interior. . 10408. Outer Continental Shelf Energy Safety Advisory Board (a) Establishment The Secretary of the Interior shall establish, under the Federal Advisory Committee Act, an Outer Continental Shelf Energy Safety Advisory Board (referred to in this section as the Board )— (1) to provide the Secretary and the Directors established by this title with independent scientific and technical advice on safe, responsible, and timely mineral and renewable energy exploration, development, and production activities; and (2) to review operations of the National Offshore Energy Health and Safety Academy established under section 10403(d), including submitting to the Secretary recommendations of curriculum to ensure training scientific and technical advancements. (b) Membership (1) Size The Board shall consist of not more than 11 members, who— (A) shall be appointed by the Secretary based on their expertise in oil and gas drilling, well design, operations, well containment and oil spill response; and (B) must have significant scientific, engineering, management, and other credentials and a history of working in the field related to safe energy exploration, development, and production activities. (2) Consultation and nominations The Secretary shall consult with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for the Board and shall take nominations from the public. (3) Term The Secretary shall appoint Board members to staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms. (4) Balance In appointing members to the Board, the Secretary shall ensure a balanced representation of industry and research interests. (c) Chair The Secretary shall appoint the Chair for the Board from among its members. (d) Meetings The Board shall meet not less than 3 times per year and shall host, at least once per year, a public forum to review and assess the overall energy safety performance of Outer Continental Shelf mineral and renewable energy resource activities. (e) Offshore drilling safety assessments and recommendations As part of its duties under this section, the Board shall, by not later than 180 days after the date of enactment of this section and every 5 years thereafter, submit to the Secretary a report that— (1) assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere; and (2) as appropriate, recommends modifications to the regulations issued under this title to ensure adequate protection of safety and the environment, including recommendations on how to reduce regulations and administrative actions that are duplicative or unnecessary. (f) Reports Reports of the Board shall be submitted by the Board to the Committee on Natural Resources of the House or Representatives and the Committee on Energy and Natural Resources of the Senate and made available to the public in electronically accessible form. (g) Travel expenses Members of the Board, other than full-time employees of the Federal Government, while attending meeting of the Board or while otherwise serving at the request of the Secretary or the Director while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. 10409. Outer Continental Shelf inspection fees Section 22 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1348 ) is amended by adding at the end of the section the following: (g) Inspection fees (1) Establishment The Secretary of the Interior shall collect from the operators of facilities subject to inspection under subsection (c) non-refundable fees for such inspections— (A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Department of the Interior; and (B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected. (2) Ocean energy safety fund There is established in the Treasury a fund, to be known as the Ocean Energy Enforcement Fund (referred to in this subsection as the Fund ), into which shall be deposited all amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3). (3) Availability of fees (A) In general Notwithstanding section 3302 of title 31, United States Code, all amounts deposited in the Fund— (i) shall be credited as offsetting collections; (ii) shall be available for expenditure for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section; (iii) shall be available only to the extent provided for in advance in an appropriations Act; and (iv) shall remain available until expended. (B) Use for field offices Not less than 75 percent of amounts in the Fund may be appropriated for use only for the respective Department of the Interior field offices where the amounts were originally assessed as fees. (4) Initial fees Fees shall be established under this subsection for the fiscal year in which this subsection takes effect and the subsequent 10 years, and shall not be raised without advise and consent of the Congress, except as determined by the Secretary to be appropriate as an adjustment equal to the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted. (5) Annual fees Annual fees shall be collected under this subsection for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2013 shall be— (A) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (B) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (C) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (6) Fees for drilling rigs Fees for drilling rigs shall be assessed under this subsection for all inspections completed in fiscal years 2015 through 2024. Fees for fiscal year 2015 shall be— (A) $30,500 per inspection for rigs operating in water depths of 1,000 feet or more; and (B) $16,700 per inspection for rigs operating in water depths of less than 1,000 feet. (7) Billing The Secretary shall bill designated operators under paragraph (5) within 60 days after the date of the inspection, with payment required within 30 days of billing. The Secretary shall bill designated operators under paragraph (6) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days after billing. (8) Sunset No fee may be collected under this subsection for any fiscal year after fiscal year 2024. (9) Annual reports (A) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2015, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures and the additional hiring of personnel. (iii) A statement of the balance remaining in the Fund at the end of the fiscal year. (iv) An accounting of pace of permit approvals. (v) If fee increases are proposed after the initial 10-year period referred to in paragraph (5), a proper accounting of the potential adverse economic impacts such fee increases will have on offshore economic activity and overall production, conducted by the Secretary. (vi) Recommendations to increase the efficacy and efficiency of offshore inspections. (vii) Any corrective actions levied upon offshore inspectors as a result of any form of misconduct. . 10410. Prohibition on action based on National Ocean Policy developed under Executive Order No. 13547 (a) Prohibition The Bureau of Ocean Energy and the Ocean Energy Safety Service may not develop, propose, finalize, administer, or implement, any limitation on activities under their jurisdiction as a result of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547. (b) Report on expenditures Not later than 60 days after the date of enactment of this Act, the President shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate identifying all Federal expenditures in fiscal years 2011, 2012, 2013, and 2014 by the Bureau of Ocean Energy and the Ocean Energy Safety Service and their predecessor agencies, by agency, account, and any pertinent subaccounts, for the development, administration, or implementation of the coastal and marine spatial planning component of the National Ocean Policy developed under Executive Order No. 13547, including staff time, travel, and other related expenses. E United States Territories 10501. Application of Outer Continental Shelf Lands Act with respect to territories of the United States Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (1) in paragraph (a), by inserting after control the following: or lying within the United States exclusive economic zone and the Continental Shelf adjacent to any territory of the United States ; (2) in paragraph (p), by striking and after the semicolon at the end; (3) in paragraph (q), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (r) The term State includes each territory of the United States. . F Miscellaneous Provisions 10601. Rules regarding distribution of revenues under Gulf of Mexico Energy Security Act of 2006 (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall issue rules to provide more clarity, certainty, and stability to the revenue streams contemplated by the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note). (b) Contents The rules shall include clarification of the timing and methods of disbursements of funds under section 105(b)(2) of such Act. 10602. Amount of distributed qualified outer Continental Shelf revenues Section 105(f)(1) of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; 43 U.S.C. 1331 note) shall be applied by substituting 2024, and shall not exceed $999,999,999 for each of fiscal years 2025 through 2055 for 2055 . 10603. South Atlantic Outer Continental Shelf Planning Area defined For the purposes of this Act, the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), and any regulations or 5-year plan issued under that Act, the term South Atlantic Outer Continental Shelf Planning Area means the area of the outer Continental Shelf (as defined in section 2 of that Act ( 43 U.S.C. 1331 )) that is located between the northern lateral seaward administrative boundary of the State of Virginia and the southernmost lateral seaward administrative boundary of the State of Georgia. 10604. Enhancing geological and geophysical information for America’s energy future Section 11 of the Outer Continental Shelf lands Act ( 43 U.S.C. 1340 ) is amended by adding at the end the following: (i) Enhancing Geological and Geophysical Information for America’s Energy Future (1) The Secretary, acting through the Director of the Bureau of Ocean Energy Management, shall facilitate and support the practical study of geology and geophysics to better understand the oil, gas, and other hydrocarbon potential in the South Atlantic Outer Continental Shelf Planning Area by entering into partnerships to conduct geological and geophysical activities on the outer Continental Shelf. (2) (A) No later than 180 days after the date of enactment of the Lowering Gasoline Prices to Fuel an America That Works Act of 2014, the Governors of the States of Georgia, South Carolina, North Carolina, and Virginia may each nominate for participation in the partnerships— (i) one institution of higher education located within the Governor’s State; and (ii) one institution of higher education within the Governor’s State that is a historically black college or university, as defined in section 631(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1132(a) ). (B) In making nominations, the Governors shall give preference to those institutions of higher education that demonstrate a vigorous rate of admission of veterans of the Armed Forces of the United States. (3) The Secretary shall only select as a partner a nominee that the Secretary determines demonstrates excellence in geophysical sciences curriculum, engineering curriculum, or information technology or other technical studies relating to seismic research (including data processing). (4) Notwithstanding subsection (d), nominees selected as partners by the Secretary may conduct geological and geophysical activities under this section after filing a notice with the Secretary 30-days prior to commencement of the activity without any further authorization by the Secretary except those activities that use solid or liquid explosives shall require a permit. The Secretary may not charge any fee for the provision of data or other information collected under this authority, other than the cost of duplicating any data or information provided. Nominees selected as partners under this section shall provide to the Secretary any data or other information collected under this subsection within 60 days after completion of an initial analysis of the data or other information collected, if so requested by the Secretary. (5) Data or other information produced as a result of activities conducted by nominees selected as partners under this subsection shall not be used or shared for commercial purposes by the nominee, may not be produced for proprietary use or sale, and shall be made available by the Secretary to the public. (6) The Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate reports on the data or other information produced under the partnerships under this section. Such reports shall be made no less frequently than every 180 days following the conduct of the first geological and geophysical activities under this section. (7) In this subsection the term geological and geophysical activities means any oil- or gas-related investigation conducted on the outer Continental Shelf, including geophysical surveys where magnetic, gravity, seismic, or other systems are used to detect or imply the presence of oil or gas. . G Judicial Review 10701. Time for filing complaint (a) In general Any cause of action that arises from a covered energy decision must be filed not later than the end of the 60-day period beginning on the date of the covered energy decision. Any cause of action not filed within this time period shall be barred. (b) Exception Subsection (a) shall not apply to a cause of action brought by a party to a covered energy lease. 10702. District court deadline (a) In general All proceedings that are subject to section 10701— (1) shall be brought in the United States district court for the district in which the Federal property for which a covered energy lease is issued is located or the United States District Court of the District of Columbia; (2) shall be resolved as expeditiously as possible, and in any event not more than 180 days after such cause or claim is filed; and (3) shall take precedence over all other pending matters before the district court. (b) Failure To comply with deadline If an interlocutory or final judgment, decree, or order has not been issued by the district court by the deadline described under this section, the cause or claim shall be dismissed with prejudice and all rights relating to such cause or claim shall be terminated. 10703. Ability to seek appellate review An interlocutory or final judgment, decree, or order of the district court in a proceeding that is subject to section 10701 may be reviewed by the U.S. Court of Appeals for the District of Columbia Circuit. The D.C. Circuit shall resolve any such appeal as expeditiously as possible and, in any event, not more than 180 days after such interlocutory or final judgment, decree, or order of the district court was issued. 10704. Limitation on scope of review and relief (a) Administrative findings and conclusions In any judicial review of any Federal action under this subtitle, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record. (b) Limitation on prospective relief In any judicial review of any action, or failure to act, under this subtitle, the Court shall not grant or approve any prospective relief unless the Court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned. 10705. Legal fees Any person filing a petition seeking judicial review of any action, or failure to act, under this subtitle who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust. 10706. Exclusion This subtitle shall not apply with respect to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof. 10707. Definitions In this subtitle, the following definitions apply: (1) Covered energy decision The term covered energy decision means any action or decision by a Federal official regarding the issuance of a covered energy lease. (2) Covered energy lease The term covered energy lease means any lease under this title or under an oil and gas leasing program under this title. II Onshore Federal Lands and Energy Security A Federal Lands Jobs and Energy Security 21001. Short title This subtitle may be cited as the Federal Lands Jobs and Energy Security Act . 21002. Policies regarding buying, building, and working for America (a) Congressional intent It is the intent of the Congress that— (1) this subtitle will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; (2) to ensure a robust onshore energy production industry and ensure that the benefits of development support local communities, under this subtitle, the Secretary shall make every effort to promote the development of onshore American energy, and shall take into consideration the socioeconomic impacts, infrastructure requirements, and fiscal stability for local communities located within areas containing onshore energy resources; and (3) the Congress will monitor the deployment of personnel and material onshore to encourage the development of American manufacturing to enable United States workers to benefit from this subtitle through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Requirement The Secretary of the Interior shall when possible, and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral resource development under this subtitle. 1 Onshore oil and gas permit streamlining 21101. Short title This chapter may be cited as the Streamlining Permitting of American Energy Act of 2014 . A Application for Permits to Drill Process Reform 21111. Permit to drill application timeline Section 17(p)(2) of the Mineral Leasing Act ( 30 U.S.C. 226(p)(2) ) is amended to read as follows: (2) Applications for permits to drill reform and process (A) Timeline The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected. (B) Notice of reasons for denial If the application is denied, the Secretary shall provide the applicant— (i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and (ii) an opportunity to remedy any deficiencies. (C) Application deemed approved If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, except in cases in which existing reviews under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) are incomplete. (D) Denial of permit If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall— (i) provide to the applicant a description of the reasons for the denial of the permit; (ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and (iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. (E) Fee (i) In general Notwithstanding any other law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). This fee shall not apply to any resubmitted application. (ii) Treatment of permit processing fee Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation. . B Administrative Protest Documentation Reform 21121. Administrative protest documentation reform Section 17(p) of the Mineral Leasing Act ( 30 U.S.C. 226(p) ) is further amended by adding at the end the following: (4) Protest fee (A) In general The Secretary shall collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. (B) Treatment of fees Of all fees collected under this paragraph, 50 percent shall remain in the field office where they are collected and used to process protests subject to appropriation. . C Permit Streamlining 21131. Making pilot offices permanent to improve energy permitting on Federal lands (a) Establishment The Secretary of the Interior (referred to in this section as the Secretary ) shall establish a Federal Permit Streamlining Project (referred to in this section as the Project ) in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (b) Memorandum of understanding (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with— (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of the Army Corps of Engineers. (2) State participation The Secretary may request that the Governor of any State with energy projects on Federal lands to be a signatory to the memorandum of understanding. (c) Designation of qualified staff (1) In general Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in— (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ); (B) permits under section 404 of Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (C) regulatory matters under the Clean Air Act ( 42 U.S.C. 7401 et seq. ); (D) planning under the National Forest Management Act of 1976 ( 16 U.S.C. 472a et seq. ); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Duties Each employee assigned under paragraph (1) shall— (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the employee’s home agency; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands. (d) Additional personnel The Secretary shall assign to each Bureau of Land Management field office identified in subsection (a) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (e) Funding Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 21111 and 21121. (f) Savings provision Nothing in this section affects— (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project. (g) Definition For purposes of this section the term energy projects includes oil, natural gas, and other energy projects as defined by the Secretary. 21132. Administration of current law Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ). D Judicial Review 21141. Definitions In this subchapter— (1) the term covered civil action means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States; and (2) the term covered energy project means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease. 21142. Exclusive venue for certain civil actions relating to covered energy projects Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. 21143. Timely filing To ensure timely redress by the courts, a covered civil action must be filed no later than the end of the 90-day period beginning on the date of the final Federal agency action to which it relates. 21144. Expedition in hearing and determining the action The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. 21145. Standard of review In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. 21146. Limitation on injunction and prospective relief In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such cases of extensions, such extensions shall only be in 30-day increments and shall require action by the court to renew the injunction. 21147. Limitation on attorneys’ fees Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code, (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys’ fees, expenses, and other court costs. 21148. Legal standing Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court. E Knowing America’s Oil and Gas Resources 21151. Funding oil and gas resource assessments (a) In general The Secretary of the Interior shall provide matching funding for joint projects with States to conduct oil and gas resource assessments on Federal lands with significant oil and gas potential. (b) Cost sharing The Federal share of the cost of activities under this section shall not exceed 50 percent. (c) Resource assessment Any resource assessment under this section shall be conducted by a State, in consultation with the United States Geological Survey. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section a total of $50,000,000 for fiscal years 2015 through 2018. 2 Oil and gas leasing certainty 21201. Short title This chapter may be cited as the Providing Leasing Certainty for American Energy Act of 2014 . 21202. Minimum acreage requirement for onshore lease sales In conducting lease sales as required by section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) ), each year the Secretary of the Interior shall perform the following: (1) The Secretary shall offer for sale no less than 25 percent of the annual nominated acreage not previously made available for lease. Acreage offered for lease pursuant to this paragraph shall not be subject to protest and shall be eligible for categorical exclusions under section 390 of the Energy Policy Act of 2005 ( 42 U.S.C. 15942 ), except that it shall not be subject to the test of extraordinary circumstances. (2) In administering this section, the Secretary shall only consider leasing of Federal lands that are available for leasing at the time the lease sale occurs. 21203. Leasing certainty Section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) ) is amended by inserting (1) before All lands , and by adding at the end the following: (2) (A) The Secretary shall not withdraw any covered energy project issued under this Act without finding a violation of the terms of the lease by the lessee. (B) The Secretary shall not infringe upon lease rights under leases issued under this Act by indefinitely delaying issuance of project approvals, drilling and seismic permits, and rights of way for activities under such a lease. (C) No later than 18 months after an area is designated as open under the current land use plan the Secretary shall make available nominated areas for lease under the criteria in section 2. (D) Notwithstanding any other law, the Secretary shall issue all leases sold no later than 60 days after the last payment is made. (E) The Secretary shall not cancel or withdraw any lease parcel after a competitive lease sale has occurred and a winning bidder has submitted the last payment for the parcel. (F) After the conclusion of the public comment period for a planned competitive lease sale, the Secretary shall not cancel, defer, or withdraw any lease parcel announced to be auctioned in the lease sale. (G) Not later than 60 days after a lease sale held under this Act, the Secretary shall adjudicate any lease protests filed following a lease sale. If after 60 days any protest is left unsettled, said protest is automatically denied and appeal rights of the protestor begin. (H) No additional lease stipulations may be added after the parcel is sold without consultation and agreement of the lessee, unless the Secretary deems such stipulations as emergency actions to conserve the resources of the United States. . 21204. Leasing consistency Federal land managers must follow existing resource management plans and continue to actively lease in areas designated as open when resource management plans are being amended or revised, until such time as a new record of decision is signed. 21205. Reduce redundant policies Bureau of Land Management Instruction Memorandum 2010–117 shall have no force or effect. 21206. Streamlined congressional notification Section 31(e) of the Mineral Leasing Act ( 30 U.S.C. 188(e) ) is amended in the matter following paragraph (4) by striking at least thirty days in advance of the reinstatement and inserting in an annual report . 3 Oil shale 21301. Short title This chapter may be cited as the Protecting Investment in Oil Shale the Next Generation of Environmental, Energy, and Resource Security Act or the PIONEERS Act . 21302. Effectiveness of oil shale regulations, amendments to resource management plans, and record of decision (a) Regulations Notwithstanding any other law or regulation to the contrary, the final regulations regarding oil shale management published by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414) are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and the Secretary of the Interior shall implement those regulations, including the oil shale leasing program authorized by the regulations, without any other administrative action necessary. (b) Amendments to resource management plans and record of decision Notwithstanding any other law or regulation to the contrary, the November 17, 2008 U.S. Bureau of Land Management Approved Resource Management Plan Amendments/Record of Decision for Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement are deemed to satisfy all legal and procedural requirements under any law, including the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), and the Secretary of the Interior shall implement the oil shale leasing program authorized by the regulations referred to in subsection (a) in those areas covered by the resource management plans amended by such amendments, and covered by such record of decision, without any other administrative action necessary. 21303. Oil shale leasing (a) Additional research and development lease sales The Secretary of the Interior shall hold a lease sale within 180 days after the date of enactment of this Act offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources, under the terms offered in the solicitation of bids for such leases published on January 15, 2009 (74 Fed. Reg. 10). (b) Commercial lease sales No later than January 1, 2016, the Secretary of the Interior shall hold no less than 5 separate commercial lease sales in areas considered to have the most potential for oil shale development, as determined by the Secretary, in areas nominated through public comment. Each lease sale shall be for an area of not less than 25,000 acres, and in multiple lease blocs. 4 Miscellaneous provisions 21401. Rule of construction Nothing in this subtitle shall be construed to authorize the issuance of a lease under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) to any person designated for the imposition of sanctions pursuant to— (1) the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability and Divestiture Act of 2010 ( 22 U.S.C. 8501 et seq. ), the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. ), section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a ), or the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. ); (2) Executive Order No. 13622 (July 30, 2012), Executive Order No. 13628 (October 9, 2012), or Executive Order No. 13645 (June 3, 2013); (3) Executive Order No. 13224 (September 23, 2001) or Executive Order No. 13338 (May 11, 2004); or (4) the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 ( 22 U.S.C. 2151 note). B Planning for American Energy 22001. Short title This subtitle may be cited as the Planning for American Energy Act of 2014 . 22002. Onshore domestic energy production strategic plan (a) In general The Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following: 44. Quadrennial Strategic Federal Onshore Energy Production Strategy (a) In general (1) The Secretary of the Interior (hereafter in this section referred to as Secretary ), in consultation with the Secretary of Agriculture with regard to lands administered by the Forest Service, shall develop and publish every 4 years a Quadrennial Federal Onshore Energy Production Strategy. This Strategy shall direct Federal land energy development and department resource allocation in order to promote the energy and national security of the United States in accordance with Bureau of Land Management’s mission of promoting the multiple use of Federal lands as set forth in the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (2) In developing this Strategy, the Secretary shall consult with the Administrator of the Energy Information Administration on the projected energy demands of the United States for the next 30-year period, and how energy derived from Federal onshore lands can put the United States on a trajectory to meet that demand during the next 4-year period. The Secretary shall consider how Federal lands will contribute to ensuring national energy security, with a goal for increasing energy independence and production, during the next 4-year period. (3) The Secretary shall determine a domestic strategic production objective for the development of energy resources from Federal onshore lands. Such objective shall be— (A) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil and natural gas from the Federal onshore mineral estate, with a focus on lands held by the Bureau of Land Management and the Forest Service; (B) the best estimate, based upon commercial and scientific data, of the expected increase in domestic coal production from Federal lands; (C) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of strategic and critical energy minerals from the Federal onshore mineral estate; (D) the best estimate, based upon commercial and scientific data, of the expected increase in megawatts for electricity production from each of the following sources: wind, solar, biomass, hydropower, and geothermal energy produced on Federal lands administered by the Bureau of Land Management and the Forest Service; (E) the best estimate, based upon commercial and scientific data, of the expected increase in unconventional energy production, such as oil shale; (F) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of oil, natural gas, coal, and other renewable sources from tribal lands for any federally recognized Indian tribe that elects to participate in facilitating energy production on its lands; (G) the best estimate, based upon commercial and scientific data, of the expected increase in production of helium on Federal lands administered by the Bureau of Land Management and the Forest Service; and (H) the best estimate, based upon commercial and scientific data, of the expected increase in domestic production of geothermal, solar, wind, or other renewable energy sources from available lands (as such term is defined in section 203 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.), and including any other lands deemed by the Territory or State of Hawaii, as the case may be, to be included within that definition) that the agency or department of the government of the State of Hawaii that is responsible for the administration of such lands selects to be used for such energy production. (4) The Secretary shall consult with the Administrator of the Energy Information Administration regarding the methodology used to arrive at its estimates for purposes of this section. (5) The Secretary has the authority to expand the energy development plan to include other energy production technology sources or advancements in energy on Federal lands. (6) The Secretary shall include in the Strategy a plan for addressing new demands for transmission lines and pipelines for distribution of oil and gas across Federal lands to ensure that energy produced can be distributed to areas of need. (b) Tribal objectives It is the sense of Congress that federally recognized Indian tribes may elect to set their own production objectives as part of the Strategy under this section. The Secretary shall work in cooperation with any federally recognized Indian tribe that elects to participate in achieving its own strategic energy objectives designated under this subsection. (c) Execution of the Strategy The relevant Secretary shall have all necessary authority to make determinations regarding which additional lands will be made available in order to meet the production objectives established by strategies under this section. The Secretary shall also take all necessary actions to achieve these production objectives unless the President determines that it is not in the national security and economic interests of the United States to increase Federal domestic energy production and to further decrease dependence upon foreign sources of energy. In administering this section, the relevant Secretary shall only consider leasing Federal lands available for leasing at the time the lease sale occurs. (d) State, federally recognized Indian tribes, local government, and public input In developing each strategy, the Secretary shall solicit the input of affected States, federally recognized Indian tribes, local governments, and the public. (e) Reporting The Secretary shall report annually to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of meeting the production goals set forth in the strategy. The Secretary shall identify in the report projections for production and capacity installations and any problems with leasing, permitting, siting, or production that will prevent meeting the goal. In addition, the Secretary shall make suggestions to help meet any shortfalls in meeting the production goals. (f) Programmatic environmental impact statement Not later than 12 months after the date of enactment of this section, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ), the Secretary shall complete a programmatic environmental impact statement. This programmatic environmental impact statement will be deemed sufficient to comply with all requirements under that Act for all necessary resource management and land use plans associated with the implementation of the strategy. (g) Congressional review At least 60 days prior to publishing a proposed strategy under this section, the Secretary shall submit it to the President and the Congress, together with any comments received from States, federally recognized Indian tribes, and local governments. Such submission shall indicate why any specific recommendation of a State, federally recognized Indian tribe, or local government was not accepted. (h) Strategic and critical energy minerals defined For purposes of this section, the term strategic and critical energy minerals means those that are necessary for the Nation’s energy infrastructure including pipelines, refining capacity, electrical power generation and transmission, and renewable energy production and those that are necessary to support domestic manufacturing, including but not limited to, materials used in energy generation, production, and transportation. . (b) First Quadrennial Strategy Not later than 18 months after the date of enactment of this Act, the Secretary of the Interior shall submit to Congress the first Quadrennial Federal Onshore Energy Production Strategy under the amendment made by subsection (a). C National Petroleum Reserve in Alaska access 23001. Short title This subtitle may be cited as the National Petroleum Reserve Alaska Access Act . 23002. Sense of Congress and reaffirming national policy for the National Petroleum Reserve in Alaska It is the sense of Congress that— (1) the National Petroleum Reserve in Alaska remains explicitly designated, both in name and legal status, for purposes of providing oil and natural gas resources to the United States; and (2) accordingly, the national policy is to actively advance oil and gas development within the Reserve by facilitating the expeditious exploration, production, and transportation of oil and natural gas from and through the Reserve. 23003. National Petroleum Reserve in Alaska: lease sales Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 ( 42 U.S.C. 6506a(a) ) is amended to read as follows: (a) In General The Secretary shall conduct an expeditious program of competitive leasing of oil and gas in the reserve in accordance with this Act. Such program shall include at least one lease sale annually in those areas of the reserve most likely to produce commercial quantities of oil and natural gas each year in the period 2014 through 2024. . 23004. National Petroleum Reserve in Alaska: planning and permitting pipeline and road construction (a) In general Notwithstanding any other provision of law, the Secretary of the Interior, in consultation with other appropriate Federal agencies, shall facilitate and ensure permits, in a timely and environmentally responsible manner, for all surface development activities, including for the construction of pipelines and roads, necessary to— (1) develop and bring into production any areas within the National Petroleum Reserve in Alaska that are subject to oil and gas leases; and (2) transport oil and gas from and through the National Petroleum Reserve in Alaska in the most direct manner possible to existing transportation or processing infrastructure on the North Slope of Alaska. (b) Timeline The Secretary shall ensure that any Federal permitting agency shall issue permits in accordance with the following timeline: (1) Permits for such construction for transportation of oil and natural gas produced under existing Federal oil and gas leases with respect to which the Secretary has issued a permit to drill shall be approved within 60 days after the date of enactment of this Act. (2) Permits for such construction for transportation of oil and natural gas produced under Federal oil and gas leases shall be approved within 6 months after the submission to the Secretary of a request for a permit to drill. (c) Plan To ensure timely future development of the Reserve, within 270 days after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a plan for approved rights-of-way for a plan for pipeline, road, and any other surface infrastructure that may be necessary infrastructure that will ensure that all leasable tracts in the Reserve are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the Reserve. 23005. Issuance of a new integrated activity plan and environmental impact statement (a) Issuance of new integrated activity plan The Secretary of the Interior shall, within 180 days after the date of enactment of this Act, issue— (1) a new proposed integrated activity plan from among the non-adopted alternatives in the National Petroleum Reserve Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013; and (2) an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) for issuance of oil and gas leases in the National Petroleum Reserve-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve. (b) Nullification of existing record of decision, IAP, and EIS Except as provided in subsection (a), the National Petroleum Reserve-Alaska Integrated Activity Plan Record of Decision issued by the Secretary of the Interior and dated February 21, 2013, including the integrated activity plan and environmental impact statement referred to in that record of decision, shall have no force or effect. 23006. Departmental accountability for development The Secretary of the Interior shall issue regulations not later than 180 days after the date of enactment of this Act that establish clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the National Petroleum Reserve-Alaska. 23007. Deadlines under new proposed integrated activity plan At a minimum, the new proposed integrated activity plan issued under section 23005(a)(1) shall— (1) require the Department of the Interior to respond within 5 business days to a person who submits an application for a permit for development of oil and natural gas leases in the National Petroleum Reserve-Alaska acknowledging receipt of such application; and (2) establish a timeline for the processing of each such application, that— (A) specifies deadlines for decisions and actions on permit applications; and (B) provide that the period for issuing each permit after submission of such an application shall not exceed 60 days without the concurrence of the applicant. 23008. Updated resource assessment (a) In general The Secretary of the Interior shall complete a comprehensive assessment of all technically recoverable fossil fuel resources within the National Petroleum Reserve in Alaska, including all conventional and unconventional oil and natural gas. (b) Cooperation and consultation The resource assessment required by subsection (a) shall be carried out by the United States Geological Survey in cooperation and consultation with the State of Alaska and the American Association of Petroleum Geologists. (c) Timing The resource assessment required by subsection (a) shall be completed within 24 months of the date of the enactment of this Act. (d) Funding The United States Geological Survey may, in carrying out the duties under this section, cooperatively use resources and funds provided by the State of Alaska. D BLM Live Internet Auctions 24001. Short title This subtitle may be cited as the BLM Live Internet Auctions Act . 24002. Internet-based onshore oil and gas lease sales (a) Authorization Section 17(b)(1) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1) ) is amended— (1) in subparagraph (A), in the third sentence, by inserting , except as provided in subparagraph (C) after by oral bidding ; and (2) by adding at the end the following: (C) In order to diversify and expand the Nation’s onshore leasing program to ensure the best return to the Federal taxpayer, reduce fraud, and secure the leasing process, the Secretary may conduct onshore lease sales through Internet-based bidding methods. Each individual Internet-based lease sale shall conclude within 7 days. . (b) Report Not later than 90 days after the tenth Internet-based lease sale conducted under the amendment made by subsection (a), the Secretary of the Interior shall analyze the first 10 such lease sales and report to Congress the findings of the analysis. The report shall include— (1) estimates on increases or decreases in such lease sales, compared to sales conducted by oral bidding, in— (A) the number of bidders; (B) the average amount of bid; (C) the highest amount bid; and (D) the lowest bid; (2) an estimate on the total cost or savings to the Department of the Interior as a result of such sales, compared to sales conducted by oral bidding; and (3) an evaluation of the demonstrated or expected effectiveness of different structures for lease sales which may provide an opportunity to better maximize bidder participation, ensure the highest return to the Federal taxpayers, minimize opportunities for fraud or collusion, and ensure the security and integrity of the leasing process. III Miscellaneous provisions 30101. Establishment of Office of Energy Employment and Training (a) Establishment The Secretary of the Interior shall establish an Office of Energy Employment and Training, which shall oversee the hiring and training efforts of the Department of the Interior’s energy planning, permitting, and regulatory agencies. (b) Director (1) In general The Office shall be under the direction of a Deputy Assistant Secretary for Energy Employment and Training, who shall report directly to the Assistant Secretary for Energy, Lands and Minerals Management, and shall be fully employed to carry out the functions of the Office. (2) Duties The Deputy Assistant Secretary for Energy Employment and Training shall perform the following functions: (A) Develop and implement systems to track the Department’s hiring of trained skilled workers in the energy permitting and inspection agencies. (B) Design and recommend to the Secretary programs and policies aimed at expanding the Department’s hiring of women, minorities, and veterans into the Department’s workforce dealing with energy permitting and inspection programs. Such programs and policies shall include— (i) recruiting at historically black colleges and universities, Hispanic-serving institutions, women’s colleges, and colleges that typically serve majority minority populations; (ii) sponsoring and recruiting at job fairs in urban communities; (iii) placing employment advertisements in newspapers and magazines oriented toward minorities, veterans, and women; (iv) partnering with organizations that are focused on developing opportunities for minorities, veterans, and women to be placed in Departmental internships, summer employment, and full-time positions relating to energy; (v) where feasible, partnering with inner-city high schools, girls’ high schools, and high schools with majority minority populations to demonstrate career opportunities and the path to those opportunities available at the Department; (vi) coordinating with the Department of Veterans Affairs and the Department of Defense in the hiring of veterans; and (vii) any other mass media communications that the Deputy Assistant Secretary determines necessary to advertise, promote, or educate about opportunities at the Department. (C) Develop standards for— (i) equal employment opportunity and the racial, ethnic, and gender diversity of the workforce and senior management of the Department; and (ii) increased participation of minority-owned, veteran-owned, and women-owned businesses in the programs and contracts with the Department. (D) Review and propose for adoption the best practices of entities regulated by the Department with regards to hiring and diversity policies, and publish those best practices for public review. (c) Reports The Secretary shall submit to Congress an annual report regarding the actions taken by the Department of the Interior agency and the Office pursuant to this section, which shall include— (1) a statement of the total amounts paid by the Department to minority contractors; (2) the successes achieved and challenges faced by the Department in operating minority, veteran or service-disabled veteran, and women outreach programs; (3) the challenges the Department may face in hiring minority, veteran, and women employees and contracting with veteran or service-disabled veteran, minority-owned, and women-owned businesses; and (4) any other information, findings, conclusions, and recommendations for legislative or Department action, as the Director determines appropriate. (d) Definitions For purposes of this section, the following definitions shall apply: (1) Minority The term minority means United States citizens who are Asian Indian American, Asian Pacific American, Black American, Hispanic American, or Native American. (2) Minority-owned business The term minority-owned business means a for-profit enterprise, regardless of size, physically located in the United States or its trust territories, that is owned, operated, and controlled by minority group members. Minority group members are United States citizens who are Asian Indian American, Asian Pacific American, Black American, Hispanic American, or Native American (terminology in NMSDC categories). Ownership by minority individuals means the business is at least 51 percent owned by such individuals or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more such individuals. Further, the management and daily operations are controlled by those minority group members. For purposes of NMSDC’s program, a minority group member is an individual who is a United States citizen with at least 1/4 or 25 percent minimum (documentation to support claim of 25 percent required from applicant) of one or more of the following: (A) Asian Indian American, which is a United States citizen whose origins are from India, Pakistan, or Bangladesh. (B) Asian Pacific American, which is a United States citizen whose origins are from Japan, China, Indonesia, Malaysia, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Thailand, Samoa, Guam, the United States Trust Territories of the Pacific, or the Northern Marianas. (C) Black American, which is a United States citizen having origins in any of the Black racial groups of Africa. (D) Hispanic American, which is a United States citizen of true-born Hispanic heritage, from any of the Spanish-speaking areas of the following regions: Mexico, Central America, South America, and the Caribbean Basin only. (E) Native American, which means a United States citizen enrolled to a federally recognized tribe, or a Native as defined under the Alaska Native Claims Settlement Act. (3) NMSDC The term NMSDC means the National Minority Supplier Development Council. (4) Women-owned business The term women-owned business means a business that can verify through evidence documentation that 51 percent or more is women-owned, managed, and controlled. The business must be open for at least 6 months. The business owner must be a United States citizen or legal resident alien. Evidence must indicate that— (A) the contribution of capital or expertise by the woman business owner is real and substantial and in proportion to the interest owned; (B) the woman business owner directs or causes the direction of management, policy, fiscal, and operational matters; and (C) the woman business owner has the ability to perform in the area of specialty or expertise without reliance on either the finances or resources of a firm that is not owned by a woman. (5) Service disabled veteran The term Service Disabled Veteran must have a service-connected disability that has been determined by the Department of Veterans Affairs or Department of Defense. The SDVOSBC must be small under the North American Industry Classification System (NAICS) code assigned to the procurement; the SDV must unconditionally own 51 percent of the SDVOSBC; the SDVO must control the management and daily operations of the SDVOSBC; and the SDV must hold the highest officer position in the SDVOSBC. (6) Veteran-owned business The term veteran-owned business means a business that can verify through evidence documentation that 51 percent or more is veteran-owned, managed, and controlled. The business must be open for at least 6 months. The business owner must be a United States citizen or legal resident alien and honorably or service-connected disability discharged from service.
Passed the House of Representatives June 26, 2014. Karen L. Haas, Clerk.
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113-hr-4900
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I 113th CONGRESS 2d Session H. R. 4900 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Sam Johnson of Texas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to prevent veterans from being disqualified from contributing to health savings accounts by reason of receiving medical care for service-connected disabilities under programs administered by the Department of Veterans Affairs.
1. Short title This Act may be cited as the Helping Veterans Save for Health Care Act of 2014 . 2. Veterans not disqualified from health savings account by reason of receiving medical care for service-connected disabilities under programs administered by the Department of Veterans Affairs (a) In general Section 223(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Special rule for individuals eligible for certain veterans benefits An individual shall not fail to be treated as an eligible individual for any period merely because the individual receives hospital care or medical services under any law administered by the Secretary of Veterans Affairs for a service-connected disability (within the meaning of section 101(16) of title 38, United States Code). . (b) Effective date The amendment made by this section shall apply to months beginning after the date of the enactment of this Act.
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113-hr-4901
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I 113th CONGRESS 2d Session H. R. 4901 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Bishop of Utah (for himself and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To maximize land management efficiencies, promote land conservation, generate education funding, and for other purposes.
1. Short title This Act may be cited as the Advancing Conservation and Education Act of 2014 . 2. Findings Congress finds as follows: (1) At statehood, Congress granted each of the western States lands to be held in trust by the States and used for the support of public schools and other public institutions. (2) Since the statehood land grants, Congress and the executive branch have created multiple Federal conservation areas on Federal lands within the western States, including national parks, national monuments, national conservation areas, national grasslands, wilderness areas, wilderness study areas, and national wildlife refuges. (3) Because statehood land grant lands owned by the western States are typically scattered across the public land, creation of Federal conservation areas often include State land grant parcels with substantially different management mandates, making land and resource management more difficult, expensive, and controversial for both Federal land managers and the western States. (4) Allowing the western States to relinquish State trust lands within Federal conservation areas and to select replacement lands from the unappropriated public land within the respective western States, would— (A) enhance management of Federal conservation areas by allowing unified management of such areas; and (B) increase revenue from the statehood land grants for the support of public schools and other worthy public purposes. 3. Definitions In this Act: (1) Application The term application means an application for State relinquishment and selection of lands made under this Act in accordance with section 5. (2) Federal conservation area The term Federal conservation area means lands within the outer boundary of— (A) a unit of the National Park System; (B) a unit of the National Wilderness Preservation System; (C) a unit of the National Wildlife Refuge System; (D) a unit of the National Landscape Conservation System; or (E) National Forest System land that have been designated as a national monument, national volcanic monument, national recreation area, national scenic area, inventoried roadless area, unit of the Wild and Scenic Rivers System, or wilderness study area or Land Use Designation II (as described by section 201 of the Tongass Timber Reform Act of 1990 ( Public Law 101–626 )). (3) FLPMA The term FLPMA means the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (4) Priority conservation unit The term priority conservation unit means the lands within the outer boundary of any unit of the National Wilderness Preservation System or the National Park System. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State land grant parcel The term State land grant parcel means— (A) any land granted to a western State by Congress through a statehood or territorial land grant for the support of public education or other public institutions, or subsequently acquired by the western State for such purpose; or (B) lands granted to the State of Alaska under sections 6 (a), (b), and (k) of the Act of July 7, 1958 (commonly known as the Alaska Statehood Act ; Public Law 85–508 , as amended by the Acts of September 14, 1960 and March 25, 1964). (7) Unappropriated public land (A) In general The term unappropriated public land has the meaning of the term public land as that term is defined by section 102(e) of FLPMA ( 43 U.S.C. 1702(e) ). (B) Exclusions The term unappropriated public land does not include Federal land that is— (i) within a Federal conservation area; (ii) within an area of critical environmental concern established pursuant to section 202(c)(3) of FLPMA ( 43 U.S.C. 1712(c)(3) ); (iii) within an area identified as having wilderness characteristics by the Bureau of Land Management under an approved land use plan enacted under FLPMA; or (iv) within an area withdrawn or reserved by an Act of Congress, the President, or Public Land Order for a particular public purpose or program, including for the conservation of natural resources. (8) Western State The term western State means any of the States of Alaska, Arizona, California, Colorado, Idaho, Montana, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. 4. Relinquishment of State land grant parcels and selection of replacement lands (a) Authority To select In accordance with this Act, upon approval by the Secretary of an application under section 5 a western State may relinquish to the United States State land grant parcels wholly or primarily within Federal conservation areas and select in exchange unappropriated public land within the western State. (b) Valid existing rights Land conveyed under this Act shall be subject to valid existing rights and each party to which land is conveyed shall succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit, or other valid existing right to which the land is subject. (c) Management after relinquishment Any portion of a State land grant parcel acquired by the United States under this Act that is located within a Federal conservation area shall— (1) be incorporated in, and be managed as part of, the Federal conservation area in which the land is located; and (2) if located within the National Forest System, be administered by the Secretary of Agriculture in accordance with— (A) the Act of March 1, 1911 ( 16 U.S.C. 480 et seq. ; commonly known as the Weeks Law ); or (B) any laws (including regulations) applicable to the National Forest System and the Federal conservation area in which it is located. (d) Limitation (1) In general Except as provided in paragraph (2), until a western State has relinquished and conveyed to the United States substantially all of the State land grant parcels located in priority conservation units in that State, the State may not apply to relinquish State land grant parcels in other Federal conservation areas in that State. (2) Exception The Secretary may waive the limitation in paragraph (1) upon a determination that— (A) a western State has relinquished and conveyed to the United States at least 75 percent, measured by land area, of the State land grant parcels that were located in priority conservation units in that State on the date of the enactment of this Act and not identified for conveyance pursuant to an exchange agreement or other statutory authority; and (B) the relinquishment and conveyance to the United States of substantially all State land grant parcels located in priority conservation units in that State is impractical or infeasible. 5. Process (a) Process for application (1) In general Not later than one year after the date of the enactment of this Act and in accordance with this section, the Secretary shall create a process by which the western States may request the relinquishment of State land grant parcels inside Federal conservation areas and select unappropriated public lands in exchange therefor. (2) Timing The process established by the Secretary under this section shall ensure that the relinquishment of State land grant parcels and the conveyance of unappropriated public land is concurrent. (b) Public notice Prior to accepting or conveying any land under this Act, the Secretary shall provide public notice and an opportunity to comment on the proposed conveyances between the western State and the United States. (c) Environmental analysis (1) In general Except as otherwise provided in this subsection, the Secretary shall acquire State land grant parcels and convey unappropriated public land under this Act in accordance with— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ); and (B) other applicable laws. (2) Environmental assessment or environmental impact statement In preparing an environmental assessment or environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for the acquisition of State land grant parcels and the conveyance of unappropriated public land under this Act, the Secretary is not required to study, develop, and describe more than— (A) the proposed agency action; and (B) the alternative of no action. (d) Agreements with States The Secretary is authorized to enter into cooperative agreements with any of the western States to facilitate processing of applications and conveyance of selected lands. (e) Approval or rejection The Secretary— (1) shall issue a final determination on an application not later than three years after a western State submits that application to the Secretary; (2) may approve an application in whole or in part, or as modified by the Secretary as necessary to balance the equities of the States and interest of the public; (3) shall not accept an application under this Act for selection of any parcel of unappropriated public land that in the judgment of the Secretary— (A) is not reasonably compact and consolidated; or (B) will create significant management conflicts with respect to the management of adjacent Federal land; (4) shall not accept any State land grant parcels that, in the judgment of the Secretary, are not suitable for inclusion in a Federal conservation area; (5) shall, prior to approving an application, consult with the head of any Federal agency with jurisdiction over Federal land— (A) within which a western State proposes to relinquish a State land grant parcel; or (B) that is adjacent to unappropriated public land proposed for conveyance to a western State; and (6) shall convey any Federal lands approved for selection not later than 90 days after entering into a final agreement between the Secretary and the western State on the lands to be conveyed, subject to such other terms and conditions as may be appropriate. (f) Conveyance by western State (1) In general The conveyance of any State land grant parcel under this Act shall be by patent or deed acceptable to the Secretary. (2) Concurrence The Secretary of Agriculture shall concur in any determination to accept the conveyance of a State land grant parcel within the boundaries of any unit of the National Forest System. (g) Conveyance by United States The conveyance of unappropriated public land by the United States shall include such terms and conditions as the Secretary may require. 6. Mineral lands (a) Selection and conveyance (1) In general Subject to the provisions of this Act, a western State may select, and the Secretary may convey, lands that are mineral in character under this Act. (2) Exclusion A western State may not select, and the Secretary may not convey— (A) land that includes only a portion of a mineral lease or permit; or (B) only the Federal mineral estate, unless the United States does not own the associated surface estate. (b) Mining claims (1) In general To facilitate the conversion of Federal mining claims to State mining leases on land selected by a western State, a Federal mining claimant may file with the Secretary a voluntary relinquishment of a Federal mining claim conditioned on conveyance of the land to the western State. (2) No relinquishment If the land subject to a Federal mining claim for which a conditional relinquishment has been filed with the Secretary is not conveyed to the western State under this Act, the conditional relinquishment of land under paragraph (1) shall be of no effect. 7. Construction with other laws (a) Consideration In the application of laws, regulations, and policies relating to selections made under this Act, the Secretary shall consider the equities of the western States and the interest of the public. (b) Presumption of plan adequacy Unless a land use plan enacted under section 202 of FLPMA ( 43 U.S.C. 1712 ) specifically identifies significant public values that would be lost or substantially impaired due to the conveyance of unappropriated public land to a western State, any western State selection under this Act shall be deemed to be in compliance with such plan even if the selected land is not otherwise identified for disposal. 8. Valuation (a) Equal value The overall value of the State land grant parcels and the unappropriated public land to be conveyed shall be equal, or if they are not equal, the values shall be equalized by the payment of money to the western State or to the Secretary as the circumstances require, so long as payment does not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership. (b) Low value parcels If a western State and the Secretary agree that the market value of a State land grant parcel or a parcel of unappropriated public land is less than $300 per acre, the Secretary may use a summary appraisal or statement of value made by a qualified appraiser in accordance with Internal Revenue Service standards instead of an appraisal compliant with the Uniform Appraisal Standards for Federal Land Acquisition. (c) Ledger accounts The Secretary and any western State may agree to use a ledger account to make equal the value of lands relinquished by the western State and conveyed by the United States to the western State under this Act. (d) Costs The Secretary or the western State may, in accordance with section 206(f)(2)(B) of FLPMA (43 U.S.C. 1716(f)(2)(B))— (1) assume costs or other responsibilities or requirements for conveying land under this Act that ordinarily are borne by the other party; and (2) make adjustments to the relative values involved in the conveyance of land under this Act to compensate the Secretary or the western State for assuming such costs or other responsibilities or requirements. (e) Adjustment If value is attributed to any parcel of Federal land that has been selected by a western State because of the presence of minerals under a lease pursuant to the Mineral Lands Leasing Act ( 30 U.S.C. 191 et seq. ) that is in a producing or producible status, and the lease is to be conveyed under this Act, the value of such parcel shall be reduced by the percentage which represents the likely Federal revenue sharing obligation under the Mineral Lands Leasing Act, but such adjustment shall not be considered as reflecting a property right of the western State. 9. Miscellaneous provisions (a) Hazardous materials The Secretary and the western States shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this Act. (b) Appurtenant water rights Any conveyance of a State land grant parcel or unappropriated public land under this Act may include the conveyance of water rights appurtenant to the land conveyed. (c) Grazing permits (1) In general If land conveyed under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of the conveyance, the Secretary (or the Secretary of Agriculture for lands located within the National Forest System) and the western State shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. (2) Renewal On expiration of any grazing lease, permit, or contract described in paragraph (1), the party that has jurisdiction over the land on the date of expiration may elect to renew the lease, permit, or contract if permitted under applicable law. (3) Cancellation (A) In general Nothing in this Act shall prevent the Secretary (or the Secretary of Agriculture for lands located within the National Forest System) or the western State from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes. (B) Limitation Except to the extent reasonably necessary to accommodate surface operations in support of mineral development, the Secretary (or the Secretary of Agriculture for lands located within the National Forest System) or the western State shall not cancel or modify a grazing permit, lease, or contract for land conveyed pursuant to this Act because the land subject to the permit, lease, or contract has been leased for mineral development. (4) Base properties If land conveyed by the western State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. 10. Termination of authority The provisions of this Act shall cease to be effective with regard to any State land grant parcel located within a Federal conservation area for which an application has not been filed by the date that is 10 years after the date of the enactment of this Act unless that application is for a State land grant parcel that is located within a Federal conservation area established after the date of enactment of this Act, in which case the provisions of this Act will remain effective for 10 years after the date on which the Federal conservation area is established. 11. Savings provisions Nothing in this Act shall be deemed to repeal or limit, expressly or by implication, any existing authority for the selection or exchange of lands.
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113-hr-4902
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I 113th CONGRESS 2d Session H. R. 4902 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Ms. Loretta Sanchez of California (for herself, Mr. Richmond , Mrs. Davis of California , Mr. Grijalva , Ms. Schakowsky , Ms. Linda T. Sánchez of California , Mr. Garamendi , Mr. Vargas , Mr. Hastings of Florida , Mrs. Napolitano , Mr. Kind , Mr. Rangel , Ms. Clarke of New York , Mr. Engel , Ms. Shea-Porter , Mr. Cohen , Ms. Norton , Ms. Moore , Ms. Brown of Florida , Mrs. Negrete McLeod , Mr. Nolan , Mr. Honda , Mr. Enyart , Mr. Rush , Mr. Rahall , Ms. Brownley of California , Mr. Blumenauer , Mr. Sires , Ms. Jackson Lee , Ms. Pingree of Maine , Mr. Ellison , Mr. Castro of Texas , Mr. Langevin , Mr. Meeks , Mr. Cummings , Mr. Larsen of Washington , Mr. Serrano , Mrs. Kirkpatrick , Mr. Brady of Pennsylvania , Mr. Nadler , and Mr. Lowenthal ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve college affordability.
1. Short title This Act may be cited as the Creating Higher Education Affordability Necessary to Compete Economically Act or the Middle Class CHANCE Act . 2. Increase in the maximum amount of a Federal Pell Grant Section 401(b)(7)(C) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(C) ) is amended by striking clauses (ii) and (iii) and inserting the following: (ii) Award year 2014–2015 For award year 2014–2015, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be increased to $4,040. (iii) Subsequent award years For award year 2015–2016 and each subsequent award year, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to— (I) the amount determined under this subparagraph for the preceding award year; increased by (II) a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; and (III) rounded to the nearest $5. . 3. Year-Round Federal Pell Grant students (a) In general Section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b) ) is amended by adding at the end the following: (8) Year-Round Federal Pell Grant students (A) In General Notwithstanding any other provision of this subsection, the Secretary shall award, to an eligible student who meets the requirements in subparagraph (B) who has received a Federal Pell Grant for an award year and is enrolled in a program of study for one or more additional payment periods during the same award year that are not otherwise covered by the student's Federal Pell Grant, an additional Federal Pell Grant for the additional payment periods. (B) Eligibility In order to be eligible to receive the additional Federal Pell Grant for an award year that is described in subparagraph (A), a student shall, in addition to meeting all eligibility requirements for the receipt of a Federal Pell Grant— (i) be enrolled full-time in an institution of higher education; and (ii) have successfully completed at least a full-time course load (as determined by the institution) prior to receiving an additional Federal Pell Grant award as described in subparagraph (A). (C) Amounts In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of the Federal Pell Grants awarded to such student for the award year shall not exceed an amount equal to 150 percent of the total maximum Federal Pell Grant for such award year calculated in accordance with paragraph (7)(C)(iv)(II). (D) Inclusion in duration limit Any period of study covered by a Federal Pell Grant awarded under subparagraph (A) shall be included in determining a student's duration limit under subsection (c)(5). (9) Crossover period In any case where an eligible student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the Secretary shall allow the eligible institution in which the student is enrolled to determine the award year to which the additional period shall be assigned. . (b) Effective date The amendment made by subsection (a) shall take effect on July 1, 2014. 4. Pell Grant Duration Limit Section 401(c)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(c)(5) ) is amended by striking 12 semesters and inserting 15 semesters each place the term appears.
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113-hr-4903
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IB Union Calendar No. 357 113th CONGRESS 2d Session H. R. 4903 [Report No. 113–481] IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Carter, from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2015, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2015, and for other purposes, namely: I Departmental management and operations Office of the secretary and executive management For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ), and executive management of the Department of Homeland Security, as authorized by law, $100,493,000: Provided , That not to exceed $40,000 shall be for official reception and representation expenses: Provided further , That all official costs associated with the use of Government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Immediate Office of the Secretary and the Immediate Office of the Deputy Secretary: Provided further , That not later than 30 days after the date of enactment of this Act the Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a comprehensive plan for implementation of the biometric entry and exit data system required under section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ), including the estimated costs for implementation. Office of the under secretary for management For necessary expenses of the Office of the Under Secretary for Management, as authorized by sections 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), $175,124,000, of which not to exceed $2,000 shall be for official reception and representation expenses: Provided , That the Under Secretary for Management shall, pursuant to the requirements contained in House Report 112–331, submit to the Congress and post to the Department’s website at the time the President's budget proposal for fiscal year 2016 is submitted pursuant to section 1105(a) of title 31, United States Code, a Comprehensive Acquisition Status Report, which shall include the information required under the heading Office of the Under Secretary for Management under title I of division D of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ), and quarterly updates to such report not later than 45 days after the completion of each quarter. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ), $39,306,000: Provided , That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate, at the time the President's budget proposal for fiscal year 2016 is submitted pursuant to section 1105(a) of title 31, United States Code, the Future Years Homeland Security Program, as authorized by section 874 of Public Law 107–296 ( 6 U.S.C. 454 ). Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ), and Department-wide technology investments, $257,068,000; of which $93,169,000 shall be available for salaries and expenses; and of which $163,899,000, to remain available until September 30, 2016, shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security. Analysis and operations For necessary expenses for intelligence analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ), $274,343,000; of which not to exceed $3,825 shall be for official reception and representation expenses; and of which $88,675,000 shall remain available until September 30, 2016. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $120,393,000; of which not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. II Security, enforcement, and investigations U.S. customs and border protection Salaries and expenses For necessary expenses for enforcement of laws relating to border security, immigration, customs, agricultural inspections and regulatory activities related to plant and animal imports, and transportation of unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $8,367,450,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9505(c)(3) ) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 551(e)(1) ); of which not to exceed $34,425 shall be for official reception and representation expenses; of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(f)(3) ), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; and of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided , That for fiscal year 2015, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 ( 19 U.S.C. 267(c)(1) ) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated by this Act shall be available to compensate any employee of U.S. Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies: Provided further , That the Border Patrol shall maintain an active duty presence of not less than 21,370 full-time equivalent agents protecting the borders of the United States in the fiscal year. Automation modernization For necessary expenses for U.S. Customs and Border Protection for operation and improvement of automated systems, including salaries and expenses, $810,169,000; of which $446,575,000 shall remain available until September 30, 2017; and of which not less than $140,970,000 shall be for the development of the Automated Commercial Environment. Border security fencing, infrastructure, and technology For necessary expenses for border security fencing, infrastructure, and technology, $412,466,000, to remain available until September 30, 2017. Air and marine operations For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aircraft systems, the Air and Marine Operations Center, and other related equipment of the air and marine program, including salaries and expenses, operational training, and mission-related travel, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and, at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; $787,849,000; of which $275,838,000 shall be available for salaries and expenses; and of which $512,011,000 shall remain available until September 30, 2017: Provided , That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified as excess to U.S. Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2015 without prior notice to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That funding made available under this heading shall be available for customs expenses when necessary to maintain or to temporarily increase operations in Puerto Rico and the United States Virgin Islands. Construction and facilities management For necessary expenses to plan, acquire, construct, renovate, equip, furnish, operate, manage, and maintain buildings, facilities, and related infrastructure necessary for the administration and enforcement of the laws relating to customs, immigration, and border security, including land ports of entry where the Administrator of General Services has delegated to the Secretary of Homeland Security the authority to operate, maintain, repair, and alter such facilities, and to pay rent to the General Services Administration for use of land ports of entry, $484,487,000, to remain available until September 30, 2019. U. S. Immigration and customs enforcement Salaries and expenses For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations, including intellectual property rights and overseas vetted units operations; and purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; $5,454,826,000; of which not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 ( 19 U.S.C. 2081 ); of which not to exceed $11,475 shall be for official reception and representation expenses; of which not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security; of which not less than $305,000 shall be for promotion of public awareness of the child pornography tipline and activities to counter child exploitation; of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ); and of which not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States: Provided , That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount as necessary for national security purposes and in cases of immigration emergencies: Provided further , That of the total amount provided, $15,770,000 shall be for activities to enforce laws against forced child labor, of which not to exceed $6,000,000 shall remain available until expended: Provided further , That of the total amount available, not less than $1,600,000,000 shall be available to identify aliens convicted of a crime who may be deportable, and to remove them from the United States once they are judged deportable: Provided further , That the Secretary of Homeland Security shall prioritize the identification and removal of aliens convicted of a crime by the severity of that crime: Provided further , That funding made available under this heading shall maintain a level of not less than 34,000 detention beds through September 30, 2015: Provided further , That of the total amount provided, not less than $2,931,046,000 is for detention, enforcement and removal operations, including transportation of unaccompanied minor aliens: Provided further , That of the amount provided for Custody Operations in the preceding proviso, $45,000,000 shall remain available until September 30, 2019: Provided further , That of the total amount provided, $34,300,000 shall remain available until September 30, 2016, for the Visa Security Program: Provided further , That not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center: Provided further , That none of the funds provided under this heading may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated: Provided further , That none of the funds provided under this heading may be used to continue any contract for the provision of detention services if the 2 most recent overall performance evaluations received by the contracted facility are less than adequate or the equivalent median score in any subsequent performance evaluation system: Provided further , That nothing under this heading shall prevent U.S. Immigration and Customs Enforcement from exercising those authorities provided under immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )) during priority operations pertaining to aliens convicted of a crime: Provided further , That without regard to the limitation as to time and condition of section 503(d) of this Act, the Secretary may propose to reprogram and transfer funds within and into this appropriation necessary to ensure the detention of aliens prioritized for removal. Automation modernization For necessary expenses of immigration and customs enforcement automated systems, $31,100,000, to remain available until September 30, 2017. Transportation security administration Aviation security For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 ; 115 Stat. 597; 49 U.S.C. 40101 note), $5,462,240,000, to remain available until September 30, 2016; of which not to exceed $7,650 shall be for official reception and representation expenses: Provided , That any award to deploy explosives detection systems shall be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness: Provided further , That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further , That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2015 so as to result in a final fiscal year appropriation from the general fund estimated at not more than $3,382,240,000: Provided further , That the fees deposited under this heading in fiscal year 2013 and sequestered pursuant to section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ), that are currently unavailable for obligation, are hereby permanently cancelled: Provided further , That notwithstanding section 44923 of title 49, United States Code, for fiscal year 2015, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described in section 44923(a) of such title: Provided further , That none of the funds made available in this Act may be used for any recruiting or hiring of personnel into the Transportation Security Administration that would cause the agency to exceed a staffing level of 45,000 full-time equivalent screeners: Provided further , That the preceding proviso shall not apply to personnel hired as part-time employees: Provided further , That not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed report on— (1) the Department of Homeland Security efforts and resources being devoted to develop more advanced integrated passenger screening technologies for the most effective security of passengers and baggage at the lowest possible operating and acquisition costs, including projected funding levels for each fiscal year for the next 5 years or until project completion, whichever is earlier; (2) how the Transportation Security Administration is deploying its existing passenger and baggage screener workforce in the most cost effective manner; and (3) labor savings from the deployment of improved technologies for passenger and baggage screening and how those savings are being used to offset security costs or reinvested to address security vulnerabilities: Provided further , That not later than April 15, 2015, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate, a semiannual report updating information on a strategy to increase the number of air passengers eligible for expedited screening, including: (1) specific benchmarks and performance measures to increase participation in PreCheck by air carriers, airports, and passengers; (2) options to facilitate direct application for enrollment in PreCheck through the Transportation Security Administration's website, airports, and other enrollment locations; (3) use of third parties to pre-screen passengers for expedited screening; (4) inclusion of populations already vetted by the Transportation Security Administration and other trusted populations as eligible for expedited screening; (5) resource implications of expedited passenger screening resulting from the use of risk-based security methods; and (6) the total number and percentage of passengers using PreCheck lanes who: (A) have enrolled in PreCheck since Transportation Security Administration enrollment centers were established; (B) enrolled using the Transportation Security Administration’s PreCheck application website; (C) were enrolled as frequent flyers of a participating airline; (D) utilized PreCheck as a result of their enrollment in a Trusted Traveler program of U.S. Customs and Border Protection; and (E) were selectively identified to participate in expedited screening through the use of Managed Inclusion in fiscal year 2014: Provided further, That Members of the United States House of Representatives and United States Senate, including the leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General, Deputy Attorney General, Assistant Attorneys General, and United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening: Provided further , That of the funds provided under this heading, $76,000,000 shall be withheld from obligation for Screener Personnel, Compensation, and Benefits until the Administrator of the Transportation Security Administration submits to the Committees on Appropriations of the House of Representatives and the Senate a post hoc technical correction to the fiscal year 2015 budget justification as described in the report accompanying this Act. Surface transportation security For necessary expenses of the Transportation Security Administration related to surface transportation security activities, $121,303,000, to remain available until September 30, 2016. Intelligence and vetting For necessary expenses for the development and implementation of intelligence and vetting activities, $231,866,000, to remain available until September 30, 2016. Transportation security support For necessary expenses of the Transportation Security Administration related to transportation security support pursuant to the Aviation and Transportation Security Act ( Public Law 107–71 ; 115 Stat. 597; 49 U.S.C. 40101 note), $892,840,000, to remain available until September 30, 2016: Provided , That not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate— (1) a report providing evidence demonstrating that behavioral indicators can be used to identify passengers who may pose a threat to aviation security and the plans that will be put into place to collect additional performance data; (2) a report addressing each of the recommendations outlined in the report entitled TSA Needs Additional Information Before Procuring Next-Generation Systems , published by the Government Accountability Office on March 31, 2014, and describing the steps the Transportation Security Administration is taking to implement acquisition best practices, increase industry engagement, and improve transparency with regard to technology acquisition programs; and (3) a report outlining the specific actions that will be taken to prevent Federal Air Marshal Service officials from using a Federal firearms license, and the agency’s relationships with private vendors, to obtain discounted or free firearms for personal use: Provided further , That of the funds provided under this heading, $25,000,000 shall be withheld from obligation for Headquarters Administration until the submission of the report required by paragraph (1) of the preceding proviso; $25,000,000 shall be withheld from obligation until submission of the report required by paragraph (2) of such proviso; and $25,000,000 shall be withheld from obligation until submission of the report described by paragraph (3) of such proviso: Provided further , That none of the funds made available by this Act shall be used to purchase next-generation Advanced Imaging Technology Systems until submission of the report required by paragraph (2) under this heading. United states coast guard Operating expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of no more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase or lease of boats necessary for overseas deployments and activities; minor shore construction projects not exceeding $1,000,000 in total cost on any location; payments pursuant to section 156 of Public Law 97–377 ( 42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $6,864,443,000, of which $340,000,000 shall be for defense-related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ); and of which not to exceed $15,300 shall be for official reception and representation expenses: Provided , That none of the funds made available by this Act shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to this appropriation: Provided further , That of the funds provided under this heading, $150,000,000 shall be withheld from obligation for Coast Guard Headquarters Directorates until a future-years capital investment plan for fiscal years 2016 through 2020, as specified under the heading Coast Guard Acquisition, Construction, and Improvements of this Act, is submitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That without regard to the limitation as to time and condition of section 503(d) of this Act, after June 30, up to $10,000,000 may be reprogrammed to or from Military Pay and Allowances in accordance with subsections (a), (b), and (c) of section 503. Environmental compliance and restoration For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 19 of title 14, United States Code, $13,214,000, to remain available until September 30, 2019. Reserve training For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the Coast Guard reserve program; personnel and training costs; and equipment and services; $114,605,000. Acquisition, construction, and improvements For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $1,287,040,000; of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ); and of which the following amounts, to remain available until September 30, 2019 (except as subsequently specified), shall be available as follows: $884,347,000 to acquire, effect major repairs to, renovate, or improve vessels, small boats, and related equipment; $187,000,000 to acquire, effect major repairs to, renovate, or improve aircraft or increase aviation capability; $59,800,000 for other acquisition programs; $40,580,000 for shore facilities and aids to navigation, including facilities at Department of Defense installations used by the Coast Guard; and $115,313,000, to remain available until September 30, 2015, for personnel compensation and benefits and related costs: Provided , That the funds provided by this Act shall be immediately available and allotted to contract for the production of the eighth National Security Cutter notwithstanding the availability of funds for post-production costs: Provided further , That the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the House of Representatives and the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, at the time the President's budget proposal for fiscal year 2016 is submitted pursuant to section 1105(a) of title 31, United States Code, a future-years capital investment plan for the Coast Guard that identifies for each requested capital asset— (1) the proposed appropriations included in that budget; (2) the total estimated cost of completion, including and clearly delineating the costs of associated major acquisition systems infrastructure and transition to operations; (3) projected funding levels for each fiscal year for the next 5 fiscal years or until acquisition program baseline or project completion, whichever is earlier; (4) an estimated completion date at the projected funding levels; and (5) a current acquisition program baseline for each capital asset, as applicable, that— (A) includes the total acquisition cost of each asset, subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each fiscal year, including for each fiscal year funds requested for design, pre-acquisition activities, production, structural modifications, missionization, post-delivery, and transition to operations costs; (B) includes a detailed project schedule through completion, subdivided by fiscal year, that details— (i) quantities planned for each fiscal year; and (ii) major acquisition and project events, including development of operational requirements, contracting actions, design reviews, production, delivery, test and evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics; (C) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion from the original acquisition program baseline and the most recent baseline approved by the Department of Homeland Security's Acquisition Review Board, if applicable; (D) aligns the acquisition of each asset to mission requirements by defining existing capabilities of comparable legacy assets, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how the acquisition of each asset will address such known capability gaps; (E) defines life-cycle costs for each asset and the date of the estimate on which such costs are based, including all associated costs of major acquisition systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the asset; (F) includes the earned value management system summary schedule performance index and cost performance index for each asset, if applicable; and (G) includes a phase-out and decommissioning schedule delineated by fiscal year for each existing legacy asset that each asset is intended to replace or recapitalize: Provided further , That the Commandant of the Coast Guard shall ensure that amounts specified in the future-years capital investment plan are consistent, to the maximum extent practicable, with proposed appropriations necessary to support the programs, projects, and activities of the Coast Guard in the President's budget proposal for fiscal year 2016, submitted pursuant to section 1105(a) of title 31, United States Code: Provided further , That any inconsistencies between the capital investment plan and proposed appropriations shall be identified and justified: Provided further , That the Director of the Office of Management and Budget shall not delay the submission of the capital investment plan referred to by the preceding provisos: Provided further , That the Director of the Office of Management and Budget shall have no more than a single period of 10 consecutive business days to review the capital investment plan prior to submission: Provided further , That the Secretary of Homeland Security shall notify the Committees on Appropriations of the House of Representatives and the Senate and the Committee on Transportation and Infrastructure of the House of Representatives one day after the capital investment plan is submitted to the Office of Management and Budget for review and the Director of the Office of Management and Budget shall notify the Committees on Appropriations of the House of Representatives and the Senate and the Committee on Transportation and Infrastructure of the House of Representatives when such review is completed: Provided further , That subsections (a) and (b) of section 6402 of Public Law 110–28 shall apply with respect to the amounts made available under this heading. Research, development, test, and evaluation For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $10,947,000, to remain available until September 30, 2017, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ): Provided , That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation. Retired pay For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, concurrent receipts, and combat-related special compensation under the National Defense Authorization Act, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,450,626,000, to remain available until expended. United states secret service Salaries and expenses For necessary expenses of the United States Secret Service, including purchase of not to exceed 652 vehicles for police-type use for replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director of the United States Secret Service; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment of per diem or subsistence allowances to employees in cases in which a protective assignment on the actual day or days of the visit of a protectee requires an employee to work 16 hours per day or to remain overnight at a post of duty; conduct of and participation in firearms matches; presentation of awards; travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations of the House of Representatives and the Senate; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; $1,587,087,000; of which not to exceed $19,125 shall be for official reception and representation expenses; and of which not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in counterfeit investigations; of which $2,366,000 shall be for forensic and related support of investigations of missing and exploited children; of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children and shall remain available until September 30, 2016; and of which not less than $12,000,000 shall be for activities related to training in electronic crimes investigations and forensics: Provided , That $18,000,000 for protective travel shall remain available until September 30, 2016: Provided further , That $4,500,000 for National Special Security Events shall remain available until September 30, 2016: Provided further , That the United States Secret Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under this heading at the end of the fiscal year: Provided further , That none of the funds made available under this heading shall be available to compensate any employee for overtime in an annual amount in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount as necessary for national security purposes: Provided further , That none of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided further , That the Director of the United States Secret Service may enter into an agreement to provide such protection on a fully reimbursable basis: Provided further , That none of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be obligated for the purpose of opening a new permanent domestic or overseas office or location unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such obligation: Provided further , That not later than 90 days after the date of the enactment of this Act, the Director of the United States Secret Service shall submit to the Committees on Appropriations of the House of Representatives and the Senate, a report providing evidence that the United States Secret Service has sufficiently reviewed its professional standards of conduct; and has issued new guidance and procedures for the conduct of employees when engaged in overseas operations and protective missions, consistent with the critical missions of, and the unique position of public trust occupied by, the United States Secret Service: Provided further , That of the funds provided under this heading, $20,000,000 shall be withheld from obligation for Headquarters, Management and Administration until such report is submitted: Provided further , That for purposes of section 503(b) of this Act, $15,000,000 or 10 percent, whichever is less, may be transferred between Protection of Persons and Facilities and Domestic Field Operations . Acquisition, construction, improvements, and related expenses For necessary expenses for acquisition, construction, repair, alteration, and improvement of physical and technological infrastructure, $49,935,000; of which $5,380,000, to remain available until September 30, 2019, shall be for acquisition, construction, improvement, and maintenance of the James J. Rowley Training Center; and of which $44,555,000, to remain available until September 30, 2017, shall be for Information Integration and Technology Transformation program execution. III Protection, preparedness, response, and recovery National protection and programs directorate Management and administration For salaries and expenses of the Office of the Under Secretary for the National Protection and Programs Directorate, support for operations, and information technology, $64,247,000: Provided , That not to exceed $3,825 shall be for official reception and representation expenses. Infrastructure protection and information security For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ), $1,139,499,000, of which $225,000,000 shall remain available until September 30, 2016. Federal protective service The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service: Provided , That the Secretary of Homeland Security and the Director of the Office of Management and Budget shall certify in writing to the Committees on Appropriations of the House of Representatives and the Senate, not later than 60 days after the date of enactment of this Act, that the operations of the Federal Protective Service will be fully funded in fiscal year 2015 through revenues and collection of security fees: Provided further , That the Director of the Federal Protective Service shall submit at the time the President's budget proposal for fiscal year 2016 is submitted pursuant to section 1105(a) of title 31, United States Code, a strategic human capital plan that aligns fee collections to personnel requirements based on a current threat assessment. Office of biometric identity management For necessary expenses of the Office of Biometric Identity Management, as authorized by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ), $250,359,000: Provided , That of the total amount made available under this heading, $124,367,000 shall remain available until September 30, 2017. Office of health affairs For necessary expenses of the Office of Health Affairs, $127,958,000; of which $26,148,000 is for salaries and expenses and $86,891,000 is for BioWatch operations: Provided , That of the amount made available under this heading, $14,919,000 shall remain available until September 30, 2016, for biosurveillance, chemical defense, medical and health planning and coordination, and workforce health protection: Provided further , That not to exceed $1,000 shall be for official reception and representation expenses. Federal emergency management agency Salaries and expenses For necessary expenses of the Federal Emergency Management Agency, $913,120,000, including activities authorized by the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Cerro Grande Fire Assistance Act of 2000 (title 1 of division C of Public Law 106–246 ; 114 Stat. 583), the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 et seq. ), the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the National Security Act of 1947 ( 50 U.S.C. 404 , 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the National Dam Safety Program Act ( 33 U.S.C. 467 et seq. ), the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ), the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ), the Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 120 Stat. 1394), the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112–141 ; 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 ( Public Law 113–89 ; 128 Stat. 1020): Provided , That not to exceed $2,250 shall be for official reception and representation expenses: Provided further , That of the total amount made available under this heading, $27,513,000 shall be for the Urban Search and Rescue Response System, of which none is available for Federal Emergency Management Agency administrative costs: Provided further , That of the total amount made available under this heading, $29,862,000 shall remain available until September 30, 2016, for capital improvements and other expenses related to continuity of operations at the Mount Weather Emergency Operations Center. State and local programs For grants, contracts, cooperative agreements, and other activities, $1,500,000,000, which shall be allocated as follows: (1) $466,346,000 shall be for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 ), of which not less than $55,000,000 shall be for Operation Stonegarden: Provided , That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2015, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004; (2) $600,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ), of which not less than $13,000,000 shall be for organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax section 501(a) of such code) determined by the Secretary of Homeland Security to be at high risk of a terrorist attack; (3) $100,000,000 shall be for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus Security Assistance under sections 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( Public Law 110–53 ; 6 U.S.C. 1135 , 1163, and 1182), of which not less than $10,000,000 shall be for Amtrak security and $5,000,000 shall be for Over-the-Road Bus Security: Provided , That such public transportation security assistance shall be provided directly to public transportation agencies; (4) $100,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107 ; and (5) $233,654,000 shall be to sustain current operations for training, exercises, technical assistance, and other programs, of which $162,991,000 shall be for training of State, local, and tribal emergency response providers: Provided , That for grants under paragraphs (1) through (4), applications for grants shall be made available to eligible applicants not later than 60 days after the date of enactment of this Act, that eligible applicants shall submit applications not later than 80 days after the grant announcement, and the Administrator of the Federal Emergency Management Agency shall act within 65 days after the receipt of an application: Provided further , That notwithstanding section 2008(a)(11) of the Homeland Security Act of 2002 ( 6 U.S.C. 609(a)(11) ) or any other provision of law, a grantee may not use more than 5 percent of the amount of a grant made available under this heading for expenses directly related to administration of the grant: Provided further , That for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of a building or other physical facility: Provided further , That grantees shall provide to the Department reports on their use of funds, as determined necessary by the Secretary of Homeland Security: Provided further , That notwithstanding section 509 of this Act, the Administrator of the Federal Emergency Management Agency may use the funds provided in paragraph (5) to acquire real property for the purpose of establishing or appropriately extending the security buffer zones around Federal Emergency Management Agency training facilities. Firefighter assistance grants For grants for programs authorized by the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ), $680,000,000, to remain available until September 30, 2016, of which $340,000,000 shall be available to carry out section 33 of that Act ( 15 U.S.C. 2229 ) and $340,000,000 shall be available to carry out section 34 of that Act ( 15 U.S.C. 2229a ). Emergency management performance grants For emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 et seq. ), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $350,000,000. Radiological emergency preparedness program The aggregate charges assessed during fiscal year 2015, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 ( 42 U.S.C. 5196e ), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided , That the methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further , That fees received under this heading shall be deposited in this account as offsetting collections and will become available for authorized purposes on October 1, 2015, and remain available until September 30, 2017. United states fire administration For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ) and the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ), $44,000,000. Disaster relief fund (including transfer of funds) For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $7,033,464,494, to remain available until expended, of which $24,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided , That the Administrator of the Federal Emergency Management Agency shall submit to the Committees on Appropriations of the House of Representatives and the Senate the following reports, including a specific description of the methodology and the source data used in developing such reports: (1) an estimate of the following amounts shall be submitted for the budget year at the time that the President's budget proposal for fiscal year 2016 is submitted pursuant to section 1105(a) of title 31, United States Code: (A) the unobligated balance of funds to be carried over from the prior fiscal year to the budget year; (B) the unobligated balance of funds to be carried over from the budget year to the budget year plus 1; (C) the amount of obligations for non-catastrophic events for the budget year; (D) the amount of obligations for the budget year for catastrophic events delineated by event and by State; (E) the total amount that has been previously obligated or will be required for catastrophic events delineated by event and by State for all prior years, the current year, the budget year, the budget year plus 1, the budget year plus 2, and the budget year plus 3 and beyond; (F) the amount of previously obligated funds that will be recovered for the budget year; (G) the amount that will be required for obligations for emergencies, as described in section 102(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(1) ), major disasters, as described in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(2) ), fire management assistance grants, as described in section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ), surge activities, and disaster readiness and support activities; and (H) the amount required for activities not covered under section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(D)(iii) ; Public Law 99–177 ); (2) an estimate or actual amounts, if available, of the following for the current fiscal year shall be submitted not later than the fifth day of each month, and shall be published by the Administrator on the Agency's website not later than the fifth day of each month: (A) a summary of the amount of appropriations made available by source, the transfers executed, the previously allocated funds recovered, and the commitments, allocations, and obligations made; (B) a table of disaster relief activity delineated by month, including— (i) the beginning and ending balances; (ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities; (iii) the obligations for catastrophic events delineated by event and by State; and (iv) the amount of previously obligated funds that are recovered; (C) a summary of allocations, obligations, and expenditures for catastrophic events delineated by event; (D) in addition, for a disaster declaration related to Hurricane Sandy, the cost of the following categories of spending: public assistance, individual assistance, mitigation, administrative, operations, and any other relevant category (including emergency measures and disaster resources); and (E) the date on which funds appropriated will be exhausted: Provided further , That the Administrator shall publish on the Agency's website not later than 5 days after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) the specifics of the grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 5 days after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency's website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That of the amount provided under this heading, $6,437,792,622 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. Flood hazard mapping and risk analysis program For necessary expenses, including administrative costs, under section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 ), and under sections 100215, 100216, 100226, 100230, and 100246 of the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112–141 ; 126 Stat. 916), $94,403,000, and such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101(f)(2) ), to remain available until expended. National flood insurance fund For activities under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001 et seq. ), the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112–141 ; 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 ( Public Law 113–89 ; Stat. 1020), $179,294,000, which shall remain available until September 30, 2016, and shall be derived from offsetting amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ); which is available for salaries and expenses associated with flood mitigation and flood insurance operations; and floodplain management and additional amounts for flood mapping: Provided , That of such amount, $23,759,000 shall be available for salaries and expenses associated with flood mitigation and flood insurance operations and $155,535,000 shall be available for flood plain management and flood mapping: Provided further , That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ) shall be credited as an offsetting collection to this account, to be available for flood plain management and flood mapping: Provided further , That in fiscal year 2015, no funds shall be available from the National Flood Insurance Fund under section 1310 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017 ) in excess of: (1) $136,000,000 for operating expenses; (2) $1,139,000,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $150,000,000, which shall remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ), notwithstanding subsections 1366(e) and 1310(a)(7) of such Act ( 42 U.S.C. 4104c(e) , 4017): Provided further , That the amounts collected under section 102 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a ) and section 1366(e) of the National Flood Insurance Act of 1968 shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the National Flood Insurance Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and paragraphs (1) through (3) of section 1367(b) of such Act ( 42 U.S.C. 4012a(f)(8) , 4104c(e), 4104d(b)(1)–(3)): Provided further , That total administrative costs shall not exceed 4 percent of the total appropriation; and $5,000,000 to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 ( 42 U.S.C. 4033 ). National predisaster mitigation fund For the predisaster mitigation grant program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 ), $25,000,000, to remain available until expended. Emergency food and shelter To carry out the emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 et seq. ), $120,000,000, to remain available until expended: Provided , That total administrative costs shall not exceed 3.5 percent of the total amount made available under this heading. IV Research, development, training, and services United states citizenship and immigration services For necessary expenses for citizenship and immigration services, $124,755,000 for the E-Verify Program, as described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note), to assist United States employers with maintaining a legal workforce: Provided , That notwithstanding any other provision of law, funds otherwise made available to United States Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease: Provided further , That the Director of United States Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees' residences and places of employment. Federal law enforcement training center Salaries and expenses For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; the purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles; expenses for student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized by section 3109 of title 5, United States Code; $229,797,000; of which up to $54,154,000 shall remain available until September 30, 2016, for materials and support costs of Federal law enforcement basic training; of which $300,000 shall remain available until expended to be distributed to Federal law enforcement agencies for expenses incurred participating in training accreditation; and of which not to exceed $1,000 shall be for official reception and representation expenses: Provided , That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year: Provided further , That section 1202(a) of Public Law 107–206 ( 42 U.S.C. 3771 note), as amended under this heading in division F of Public Law 113–76 , is further amended by striking December 31, 2016 and inserting December 31, 2017 : Provided further , That the Director of the Federal Law Enforcement Training Center shall schedule basic or advanced law enforcement training, or both, at all 4 training facilities under the control of the Federal Law Enforcement Training Center to ensure that such training facilities are operated at the highest capacity throughout the fiscal year: Provided further , That the Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. Acquisitions, construction, improvements, and related expenses For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, and related expenses of the Federal Law Enforcement Training Center, $27,841,000, to remain available until September 30, 2019: Provided , That the Center is authorized to accept reimbursement to this appropriation from Government agencies requesting the construction of special use facilities. Science and technology Management and administration For salaries and expenses of the Office of the Under Secretary for Science and Technology and for management and administration of programs and activities, as authorized by title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ), $126,955,000: Provided , That not to exceed $7,650 shall be for official reception and representation expenses. Research, development, acquisition, and operations For necessary expenses for science and technology research, including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ), and the purchase or lease of not to exceed 5 vehicles, $979,692,000; of which $544,703,000 shall remain available until September 30, 2017; and of which $434,989,000 shall remain available until September 30, 2019, solely for operation and construction of laboratory facilities: Provided , That of the funds provided for the operation and construction of laboratory facilities under this heading, $300,000,000 shall be for construction of the National Bio- and Agro-defense Facility. Domestic nuclear detection office Management and administration For salaries and expenses of the Domestic Nuclear Detection Office, as authorized by title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 591 et seq. ), for management and administration of programs and activities, $36,339,000: Provided , That not to exceed $1,000 shall be for official reception and representation expenses: Provided further , That not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate a strategic plan of investments necessary to implement the Department of Homeland Security's responsibilities under the domestic component of the global nuclear detection architecture that shall— (1) define the role and responsibilities of each Departmental component in support of the domestic detection architecture, including any existing or planned programs to pre-screen cargo or conveyances overseas; (2) identify and describe the specific investments being made by each Departmental component in fiscal year 2015 and planned for fiscal year 2016 to support the domestic architecture and the security of sea, land, and air pathways into the United States; (3) describe the investments necessary to close known vulnerabilities and gaps, including associated costs and timeframes, and estimates of feasibility and cost effectiveness; and (4) explain how the Department's research and development funding is furthering the implementation of the domestic nuclear detection architecture, including specific investments planned for each of fiscal years 2015 and 2016. Research, development, and operations For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $201,068,000, to remain available until September 30, 2017. Systems acquisition For necessary expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture, $74,861,000, to remain available until September 30, 2017. V General provisions (including transfers and rescissions of funds) 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program, project, or activity; (2) eliminates a program, project, office, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the House of Representatives or the Senate for a different purpose; or (5) contracts out any function or activity for which funding levels were requested for Federal full-time equivalents in the object classification tables contained in the fiscal year 2015 Budget Appendix for the Department of Homeland Security, as modified by the report accompanying this Act, unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such reprogramming of funds. (b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees or proceeds available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $5,000,000 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; (3) reduces by 10 percent the numbers of personnel approved by the Congress; or (4) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress, unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such reprogramming of funds. (c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provided , That any transfer under this section shall be treated as a reprogramming of funds under subsection (b) and shall not be available for obligation unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such transfer. (d) Notwithstanding subsections (a), (b), and (c) of this section, no funds shall be reprogrammed within or transferred between appropriations based upon an initial notification provided after June 30, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) The notification thresholds and procedures set forth in this section shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–356 ( 31 U.S.C. 501 note), shall continue operations as a permanent working capital fund for fiscal year 2015: Provided , That none of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to the Working Capital Fund, except for the activities and amounts allowed in the President's fiscal year 2015 budget: Provided further , That funds provided to the Working Capital Fund shall be available for obligation until expended to carry out the purposes of the Working Capital Fund: Provided further , That all Departmental components shall be charged only for direct usage of each Working Capital Fund service: Provided further , That funds provided to the Working Capital Fund shall be used only for purposes consistent with the contributing component: Provided further , That the Working Capital Fund shall be paid in advance or reimbursed at rates which will return the full cost of each service: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate shall be notified of any activity added to or removed from the fund: Provided further , That the Chief Financial Officer of the Department of Homeland Security shall submit a quarterly execution report with activity level detail, not later than 30 days after the end of each quarter. 505. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2015, as recorded in the financial records at the time of a reprogramming request, but not later than June 30, 2016, from appropriations for salaries and expenses for fiscal year 2015 in this Act shall remain available through September 30, 2016, in the account and for the purposes for which the appropriations were provided: Provided , That prior to the obligation of such funds, a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval in accordance with section 503 of this Act. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2015 until the enactment of an Act authorizing intelligence activities for fiscal year 2015. 507. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used to— (1) make or award a grant allocation, grant, contract, other transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent totaling in excess of $1,000,000; (2) award a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds; (3) make a sole-source grant award; or (4) announce publicly the intention to make or award items under paragraph (1), (2), or (3) including a contract covered by the Federal Acquisition Regulation. (b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees on Appropriations of the House of Representatives and the Senate at least 3 full business days in advance of making an award or issuing a letter as described in that subsection. (c) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 5 full business days after such an award is made or letter issued. (d) A notification under this section— (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; and the type of contract. (e) The Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the House of Representatives and the Senate 5 full business days in advance of announcing publicly the intention of making an award under State and Local Programs . 508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Center facilities. 509. None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus. 510. (a) Sections 520, 522, and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 ; 121 Stat. 2073 and 2074) shall apply with respect to funds made available in this Act in the same manner as such sections applied to funds made available in that Act. (b) The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 ( 6 U.S.C. 114 ), shall not apply with respect to funds made available in this Act. 511. None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act. For purposes of the preceding sentence, the term Buy American Act means chapter 83 of title 41, United States Code. 512. None of the funds made available in this Act may be used by any person other than the Privacy Officer appointed under subsection (a) of section 222 of the Homeland Security Act of 2002 ( 6 U.S.C. 142(a) ) to alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (6) of such subsection. 513. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 ). 514. (a) Not later than 30 days after the last day of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly budget and staffing report for that month that includes total obligations of the Department for that month for the fiscal year at the appropriation and program, project, and activity levels, by the source year of the appropriation. Total obligations for staffing shall also be provided by subcategory of on-board and funded full-time equivalent staffing levels, respectively, and the report shall specify the number of, and total obligations for, contract employees for each office of the Department. (b) Not later than 45 days after the date of enactment of the Act, the Chief Financial Officer of the Department of Homeland Security shall submit an obligation and expenditure plan by quarter for the following offices, agencies, accounts, programs, projects, or activities of the Department: (1) Office of the Secretary and Executive Management, the Office of Policy; (2) Office of the Secretary and Executive Management, the Office for Civil Rights and Civil Liberties; (3) Office of the Secretary and Executive Management, the Citizenship and Immigration Services Ombudsman; (4) Office of the Secretary and Executive Management, the Privacy Officer; (5) U.S. Customs and Border Protection; (6) U.S. Immigration and Customs Enforcement; (7) Transportation Security Administration, Transportation Security Support, with respect to air cargo security, checkpoint support, and explosives detection systems refurbishment, procurement, and installations on an airport-by-airport basis; (8) Transportation Security Administration, Federal Air Marshals, for ensuring optimal coverage of high-risk flights; (9) National Protection and Programs Directorate, Infrastructure Protection and Information Security, Federal Network Security, Network Security Deployment, and Office of Biometric Identity Management; (10) Federal Emergency Management Agency, Disaster Relief Fund, with respect to disaster readiness and support; (11) U.S. Citizenship and Immigration Services; (12) Federal Law Enforcement Training Center; and (13) Office of the Under Secretary for Management, Department Headquarters consolidation program and associated mission support consolidation. (c) The Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report detailing obligations and expenditures against the obligation and expenditure plan and a justification for any changes from the initial plan for the following: (1) U.S. Customs and Border Protection; (2) U.S. Immigration and Customs Enforcement; (3) National Protection and Programs Directorate, Infrastructure Protection and Information Security, Federal Network Security, Network Security Deployment, and Office of Biometric Identity Management; (4) Federal Emergency Management Agency, Disaster Relief Fund, with respect to disaster readiness and support; (5) U.S. Citizenship and Immigration Services; and (6) Federal Law Enforcement Training Center. 515. Except as provided in section 44945 of title 49, United States Code, funds appropriated or transferred to Transportation Security Administration Aviation Security , Administration , and Transportation Security Support for fiscal years 2004 and 2005 that are recovered or deobligated shall be available only for the procurement or installation of explosives detection systems, air cargo, baggage, and checkpoint screening systems, subject to notification: Provided , That quarterly reports shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate on any funds that are recovered or deobligated. 516. Any funds appropriated to Coast Guard Acquisition, Construction, and Improvements for fiscal years 2002, 2003, 2004, 2005, and 2006 for the 110–123 foot patrol boat conversion that are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended for the Fast Response Cutter program. 517. The functions of the Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 ( 31 U.S.C. 501 note). 518. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2015, to the Office of Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal year 2015. (b) The Inspector General shall review the report required by subsection (a) to assess Departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the House of Representatives and the Senate not later than February 15, 2016. 519. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as a Principal Federal Official (or the successor thereto) for any Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) declared disasters or emergencies unless— (1) the responsibilities of the Principal Federal Official do not include operational functions related to incident management, including coordination of operations, and are consistent with the requirements of section 509(c) and sections 503(c)(3) and 503(c)(4)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 319(c) and 313(c)(3) and 313(c)(4)(A)) and section 302 of the Robert T. Stafford Disaster Relief and Assistance Act ( 42 U.S.C. 5143 ); (2) not later than 10 business days after the latter of the date on which the Secretary of Homeland Security appoints the Principal Federal Official and the date on which the President issues a declaration under section 401 or section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191, respectively), the Secretary of Homeland Security shall submit a notification of the appointment of the Principal Federal Official and a description of the responsibilities of such Official and how such responsibilities are consistent with paragraph (1) to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (3) not later than 60 days after the date of enactment of this Act, the Secretary shall provide a report specifying timeframes and milestones regarding the update of operations, planning and policy documents, and training and exercise protocols, to ensure consistency with paragraph (1) of this section. 520. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 ( 6 U.S.C. 452 ). 521. None of the funds made available in this Act may be used by United States Citizenship and Immigration Services to grant an immigration benefit unless the results of background checks required by law to be completed prior to the granting of the benefit have been received by United States Citizenship and Immigration Services, and the results do not preclude the granting of the benefit. 522. Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 ) is amended— (1) in subsection (a), by striking Until September 30, 2014, and inserting Until September 30, 2015, ; and (2) in subsection (c)(1), by striking September 30, 2014, and inserting September 30, 2015, . 523. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes (which outcomes shall be specified in terms of cost, schedule, and performance). 524. Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b) for the transportation of crude oil distributed from the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels: Provided , That the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b) . 525. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided , That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further , That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); or (2) a biological product, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). 526. The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the House of Representatives and the Senate of any proposed transfers of funds available under section 9703.1(g)(4)(B) of title 31, United States Code (added by section 638 of Public Law 102–393 ) from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security: Provided , That none of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the House of Representatives and the Senate approve the proposed transfers. 527. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. 528. (a) Notwithstanding any other provision of this Act, except as provided in subsection (b), and 30 days after the date on which the President determines whether to declare a major disaster because of an event and any appeal is completed, the Administrator shall publish on the website of the Federal Emergency Management Agency a report regarding that decision that shall summarize damage assessment information used to determine whether to declare a major disaster. (b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security. (c) In this section— (1) the term Administrator means the Administrator of the Federal Emergency Management Agency; and (2) the term major disaster has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). 529. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the House of Representatives and the Senate may not delegate such authority to perform that act unless specifically authorized herein. 530. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 ; 6 U.S.C. 121 note), as amended by section 536 of the Department of Homeland Security Appropriations Act, 2014 (division F of Public Law 113–76 ), is further amended by striking on October 4, 2014 and inserting on October 4, 2015 . 531. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 532. None of the funds made available in 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. 533. None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ). 534. (a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler or successor program of the Transportation Security Administration shall safeguard and dispose of such information in accordance with the requirements in— (1) the National Institute for Standards and Technology Special Publication 800–30, entitled Risk Management Guide for Information Technology Systems ; (2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled Recommended Security Controls for Federal Information Systems and Organizations ; and (3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the Administrator ). (b) In this section the airport authority or air carrier operator that sponsors the company under the Registered Traveler program is referred to as the Sponsoring Entity . (c) The Administrator shall require each company referred to in subsection (a) to provide, not later than 30 days after the date of enactment of this Act, to the Sponsoring Entity written certification that the procedures used by the company to safeguard and dispose of information are in compliance with the requirements under subsection (a). Such certification shall include a description of the procedures used by the company to comply with such requirements. 535. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract. 536. In developing any process to screen aviation passengers and crews for transportation or national security purposes, the Secretary of Homeland Security shall ensure that all such processes take into consideration such passengers' and crews' privacy and civil liberties consistent with applicable laws, regulations, and guidance. 537. (a) Notwithstanding section 1356(n) of title 8, United States Code, of the funds deposited into the Immigration Examinations Fee Account, $10,000,000 may be allocated by United States Citizenship and Immigration Services in fiscal year 2015 for the purpose of providing an immigrant integration grants program. (b) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration may be used to provide services to aliens who have not been lawfully admitted for permanent residence. 538. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Homeland Security to enter into any Federal contract unless such contract is entered into in accordance with the requirements of subtitle I of title 41, United States Code, or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes. 539. (a) For an additional amount for financial systems modernization, $30,000,000. (b) Funds made available in subsection (a) for financial systems modernization may be transferred by the Secretary of Homeland Security between appropriations for the same purpose, notwithstanding section 503 of this Act. (c) No transfer described in subsection (b) shall occur until 15 days after the Committees on Appropriations of the House of Representatives and the Senate are notified of such transfer. 540. Notwithstanding the 10 percent limitation contained in section 503(c) of this Act, the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided , That the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate 5 days in advance of such transfer. 541. Notwithstanding any other provision of law, if the Secretary of Homeland Security determines that specific U.S. Immigration and Customs Enforcement Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities no longer meet the mission need, the Secretary is authorized to dispose of individual Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities by directing the Administrator of General Services to sell all real and related personal property which support Service Processing Centers or other U.S. Immigration and Customs Enforcement owned detention facilities, subject to such terms and conditions as necessary to protect Government interests and meet program requirements: Provided , That the proceeds, net of the costs of sale incurred by the General Services Administration and U.S. Immigration and Customs Enforcement, shall be deposited as offsetting collections into a separate account that shall be available, subject to appropriation, until expended for other real property capital asset needs of existing U.S. Immigration and Customs Enforcement assets, excluding daily operations and maintenance costs, as the Secretary deems appropriate: Provided further , That any sale or collocation of federally owned detention facilities shall not result in the maintenance of fewer than 34,000 detention beds: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate shall be notified 15 days prior to the announcement of any proposed sale or collocation. 542. The Director of the United States Secret Service shall, with respect to fiscal years 2015, 2016, 2017, and 2018, submit to the Committees on Appropriations of the House of Representatives and the Senate, at the time the President's budget proposal for fiscal year 2016 is submitted pursuant to the requirements of section 1105(a) of title 31, United States Code, the information required in the multi-year investment and management plans required under the headings United States Secret Service–Acquisition, Construction, Improvements, and Related Expenses under division D of the Department of Homeland Security Appropriations Act, 2013 ( Public Law 113–6 ). 543. The Secretary of Homeland Security shall ensure enforcement of all immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). 544. (a) Of the amounts made available by this Act for National Protection and Programs Directorate, Infrastructure Protection and Information Security , $140,525,000 for the Federal Network Security program, project, and activity shall be used to deploy on Federal systems technology to improve the information security of agency information systems covered by section 3543(a) of title 44, United States Code: Provided , That funds made available under this section shall be used to assist and support Government-wide and agency-specific efforts to provide adequate, risk-based, and cost-effective cybersecurity to address escalating and rapidly evolving threats to information security, including the acquisition and operation of a continuous monitoring and diagnostics program, in collaboration with departments and agencies, that includes equipment, software, and Department of Homeland Security supplied services: Provided further , That continuous monitoring and diagnostics software procured by the funds made available by this section shall not transmit to the Department of Homeland Security any personally identifiable information or content of network communications of other agencies' users: Provided further , That such software shall be installed, maintained, and operated in accordance with all applicable privacy laws and agency-specific policies regarding network content. (b) Funds made available under this section may not be used to supplant funds provided for any such system within an agency budget. (c) Not later than July 1, 2015, the heads of all Federal agencies shall submit to the Committees on Appropriations of the House of Representatives and the Senate expenditure plans for necessary cybersecurity improvements to address known vulnerabilities to information systems described in subsection (a). (d) Not later than October 1, 2015, and quarterly thereafter, the head of each Federal agency shall submit to the Director of the Office of Management and Budget a report on the execution of the expenditure plan for that agency required by subsection (c): Provided , That the Director of the Office of Management and Budget shall summarize such execution reports and annually submit such summaries to Congress in conjunction with the annual progress report on implementation of the E-Government Act of 2002 ( Public Law 107–347 ), as required by section 3606 of title 44, United States Code. (e) This section shall not apply to the legislative and judicial branches of the Federal Government and shall apply to all Federal agencies within the executive branch except for the Department of Defense, the Central Intelligence Agency, and the Office of the Director of National Intelligence. 545. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigation, prosecution, or adjudication activities. 546. None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 547. None of the funds provided in this or any other Act may be obligated to implement the National Preparedness Grant Program or any other successor grant programs unless explicitly authorized by Congress. 548. None of the funds made available in this Act may be used to provide funding for the position of Public Advocate, or a successor position, within U.S. Immigration and Customs Enforcement. 549. For fiscal year 2015, the Commissioner of U.S. Customs and Border Protection may conduct a pilot program in accordance with section 559 of division F of Public Law 113–76 to permit U.S. Customs and Border Protection to enter into partnerships with private sector and Government entities at ports of entry for certain services and to accept certain donations. 550. None of the funds made available in this Act may be used to pay for travel to or attendance at a single international conference by more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, unless the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within at least 10 days of that determination; including by providing the basis for that determination: Provided , That for purposes of this section the term international conference means a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. 551. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 552. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 553. None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Security Event. 554. None of the funds made available in this Act may be used for new U.S. Customs and Border Protection air preclearance agreements entering into force after February 1, 2014, unless— (1) the Secretary of Homeland Security, in consultation with the Secretary of State, has certified to Congress that air preclearance operations at the airport provide a homeland or national security benefit to the United States; (2) United States passenger air carriers are not precluded from operating at existing preclearance locations; and (3) a United States passenger air carrier is operating at all airports contemplated for establishment of new air preclearance operations. 555. None of the funds made available by this or any other Act may be used by the Administrator of the Transportation Security Administration to implement, administer, or enforce, in abrogation of the responsibility described in section 44903(n)(1) of title 49, United States Code, any requirement that airport operators provide airport-financed staffing to monitor exit points from the sterile area of any airport at which the Transportation Security Administration provided such monitoring as of December 1, 2013. 556. (a) None of the funds made available in this Act may be used to require a chemical facility to employ or not employ a particular security measure for personnel surety if the facility has adopted personnel measures designed to— (1) verify and validate an individual’s identification; (2) check an individual’s criminal history; (3) verify and validate an individual’s legal authorization to work; and (4) identify individuals with terrorist ties. (b) A facility may satisfy the criterion under subsection (a)(4) by utilizing any Federal screening program that periodically vets individuals against the terrorist screening database, or any successor to such database, including the Personnel Surety Program of the Department of Homeland Security. 557. In making grants under the heading Firefighter Assistance Grants , the Secretary may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ). 558. (a) In General Beginning on the date of the enactment of this Act, the Secretary shall not— (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or (2) conduct any study relating to the imposition of a border crossing fee. (b) Border Crossing Fee Defined In this section, the term border crossing fee means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry. 559. As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Implementation Act ( Public Law 112–42 ), fees collected from passengers arriving from Canada, Mexico, or an adjacent island pursuant to section 13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(a)(5) ) shall be available until expended. 560. The Secretary of Homeland Security shall submit to Congress at the time the President’s budget proposal for fiscal year 2016 is submitted pursuant to section 1105(a) of title 31, United States Code, a comprehensive report on the purchase and usage of ammunition, subdivided by ammunition type, as specified in section 569 of division F of Public Law 113–76 . 561. (a) The Secretary of Homeland Security shall submit to the Congress, not later than 180 days after the date of enactment of this Act and annually thereafter, beginning at the time the President's budget proposal for fiscal year 2017 is submitted pursuant to section 1105(a) of title 31, United States Code, a comprehensive report on the purchase and usage of weapons, subdivided by weapon type. The report shall include— (1) the quantity of weapons in inventory at the end of the preceding calendar year, and the amount of weapons, subdivided by weapon type, included in the budget request for each relevant component or agency in the Department of Homeland Security; (2) a description of how such quantity and purchase aligns to each component or agency's mission requirements for certification, qualification, training, and operations; and (3) details on all contracting practices applied by the Department of Homeland Security, including comparative details regarding other contracting options with respect to cost and availability. (b) The reports required by subsection (a) shall be submitted in an appropriate format in order to ensure the safety of law enforcement personnel. 562. None of the funds made available by this Act shall be used for the environmental remediation of the Coast Guard’s LORAN support in Wildwood/Lower Township, New Jersey. 563. None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for any structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5,000,000 in a single year before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes— (1) the number of full-time equivalent employee positions affected by such change; (2) funding required for such change for the current year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) an analysis of compensation alternatives to such change that were considered by the Department. 564. (a) The congressional budget justifications accompanying the President’s budget proposal for the Department of the Homeland Security for fiscal year 2016 shall include the following for each acquisition of an investment item, as defined under subsection (b), equal to or in excess of $250,000: (1) the item delineated by appropriation and program, project, or activity; (2) the material and supporting documentation, including a project description, justification, and scope; including the capabilities to be fielded; (3) key events for the prior year, current year, and budget year; (4) funding delineated by year of appropriation (including prior year; current year; budget year; budget year plus one; budget year plus 2; budget year plus 3; budget year plus 4 and beyond); (5) total cost; (6) the actual or estimated appropriations, obligations, unobligated authority, planned expenditures, and planned increment or units to be procured; (7) available funding budget plan (projected obligations by year appropriated) broken out by cost category; and (8) contract information and status. (b) The Secretary of Homeland Security shall develop for the purpose of categorizing resource requirements as an investment item under subsection (a) definitions of expense item , investment item , and other terms necessary to implement this section, that are consistent with definitions used by other Federal agencies. (c) Except as otherwise provided by law, appropriations for salaries and expenses and operating expenses may not be used to purchase investment items at a unit cost of equal to or in excess of $250,000. 565. Notwithstanding any other provision of the law, Gerardo Ismael Hernandez, a Transportation Security Officer employed by the Transportation Security Administration who died in the line of duty on November 1, 2013, at the Los Angeles International Airport, shall be deemed to have been a public safety officer for the purposes of the Omnibus Crime Control and Safe Street Act of 1968 ( 42 U.S.C. 3711 et seq. ). 566. None of the funds appropriated by this Act for U.S. Immigration and Customs Enforcement shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided , That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. 567. None of the funds appropriated by this Act for U.S. Immigration and Customs Enforcement shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 568. Nothing in the preceding section shall remove the obligation of the Assistant Secretary of Homeland Security for U.S. Immigration and Customs Enforcement to provide escort services necessary for a female detainee to receive such service outside the detention facility: Provided , That nothing in this section in any way diminishes the effect of section 567 intended to address the philosophical beliefs of individual employees of U.S. Immigration and Customs Enforcement. 569. The Office of Management and Budget and the Department of Homeland Security shall ensure the congressional budget justifications accompanying the President’s budget proposal for the Department of Homeland Security, submitted pursuant to section 1105(a) of title 31, United States Code, include estimates of the number of unaccompanied alien children anticipated to be apprehended in the budget year and the number of agent or officer hours required to process, manage, and care for such children: Provided , That such materials shall also include estimates of all other associated costs for each relevant Departmental component, including but not limited to personnel; equipment; supplies; facilities; managerial, technical, and advisory services; medical treatment; and all costs associated with transporting such children from one Departmental component to another or from a Departmental component to another Federal agency. (rescissions) 570. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided , That no amounts may be rescinded 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 ( Public Law 99–177 ): (1) $2,550,000 from Public Law 112–10 under the heading Coast Guard–Acquisition, Construction, and Improvements ; (2) $4,095,000 from Public Law 112–74 under the heading Coast Guard–Acquisition, Construction, and Improvements in division D of such Act; (3) $16,892,000 from Public Law 113–6 under the heading Coast Guard–Acquisition, Construction, and Improvements in division D of such Act; (4) $8,000,000 from Public Law 113–76 under the heading U.S. Customs and Border Protection–Air and Marine Operations in division F of such Act; (5) $20,000,000 from Public Law 113–76 under the heading Transportation Security Administration–Aviation Security in division F of such Act; (6) $52,905,000 from Public Law 113–76 under the heading Coast Guard–Acquisition, Construction, and Improvements in division F of such Act; (7) $14,000,000 from Science and Technology–Research, Development, Acquisition, and Operations account 70x0800. (rescissions) 571. From the unobligated balances made available in the Department of the Treasury Forfeiture Fund established by section 9703 of title 31, United States Code, (added by section 638 of Public Law 102–393 ), $200,000,000 shall be rescinded. (rescissions) 572. Of the funds transferred to the Department of Homeland Security when it was created in 2003, $1,362,000 is rescinded from U.S. Customs and Border Protection–Salaries and Expenses . (rescissions) 573. Of the unobligated balance available to Federal Emergency Management Agency–Disaster Relief Fund , $388,511,000 is rescinded: Provided , That no amounts may be rescinded 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: Provided further , That no amounts may be rescinded from the amounts that were designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. Spending Reduction Account 574. 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 Department of Homeland Security Appropriations Act, 2015 .
June 19, 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-113hr4903rh/xml/BILLS-113hr4903rh.xml
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113-hr-4904
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I 113th CONGRESS 2d Session H. R. 4904 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Cartwright (for himself, Ms. DeLauro , Mr. Cárdenas , Ms. Clark of Massachusetts , Mr. Conyers , Mr. Nadler , Mr. Pastor of Arizona , Mr. Quigley , Mr. Tonko , Ms. Lofgren , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to provide an incentive for households participating in the supplemental nutrition assistance program to purchase certain nutritious fruits and vegetables that are beneficial to good health.
1. Short title This Act may be cited as the Vegetables Are Really Important Eating Tools for You (VARIETY) Act of 2014 . 2. Amendments (a) Definition Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended— (1) in subsection (k) by inserting , unless the context specifies otherwise, after means ; (2) redesignating subsections (u) and (v) as subsections (v) and (w), respectively; and (3) by inserting after subsection (t) the following: (u) Supplemental fruits and vegetables means those fruits and vegetables containing nutrients that promote the health of the population served by the supplemental nutrition assistance program, as determined by the Secretary by rule. . (b) Increase in value of allotment Section 8 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2017 ) is amended by adding at the end the following: (m) The value of an allotment, determined under this section without regard to this subsection and issued to a household for a month, shall be increased by 30 percent of the cost of supplemental fruits and vegetables purchased by such household during such month, but not to exceed an aggregate monthly amount determined by the Secretary on the basis of household size. . 3. Effective date This Act and the amendments made by this Act shall take effect on October 1, 2014.
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113-hr-4905
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I 113th CONGRESS 2d Session H. R. 4905 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Castro of Texas (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish in the United States Agency for International Development an entity to be known as the United States Global Development Lab, and for other purposes.
1. Short title This Act may be cited as the Global Development Lab Act of 2014 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Lab The term Lab means the United States Global Development Lab established under section 4. (3) USAID The term USAID means the United States Agency for International Development. 3. Findings Congress finds the following: (1) Leveraging academic research and private sector expertise to effectively apply science and technology to United States foreign aid can increase the effectiveness of United States aid dollars and lead to better outcomes. (2) In the last 20 years, human ingenuity and entrepreneurship around the world has reduced child mortality rates by 42 percent and poverty rates by 52 percent, lifting hundreds of millions of people out of poverty. (3) Over the next 40 years, the developing world is expected to be the largest source of product and services growth. Breakthroughs pioneered for the developing world can translate into jobs and economic growth in the United States. (4) In 2014 the Office of Science and Technology and the Office of Innovation and Development Alliances at the United States Agency for International Development were abolished to pave the way to bring their staffing and other resources into the United States Global Development Lab. (5) The Lab represents a new approach to invest, test, and apply more effective solutions to humanity’s greatest challenges. (6) The Lab will partner with entrepreneurs, experts, nongovernmental organizations, universities, and science and research institutions to solve development challenges in a faster, more cost-efficient, and more sustainable way. (7) The Lab will utilize a pay-for-success model, which uses science, technology, and innovation-driven competitions to expand the number and diversity of solutions to development challenges. (8) In contrast with traditional grants or contracts, where USAID pays for a proposal to be implemented, pay-for-success awards are given to a winner only after the objectives of the competition have been achieved. (9) Expanding pay-for-success authority to allow the Lab to use these awards globally will increase the number of high value solutions to choose from at a significantly reduced cost. 4. United States Global Development Lab (a) Establishment There is established in USAID an entity to be known as the United States Global Development Lab. (b) Duties and responsibilities The duties and responsibilities of the Lab should include— (1) increasing the application of science, technology, innovation and partnerships to develop and scale new solutions to end extreme poverty; (2) discovering, testing, and scaling development innovations to solve development challenges to increase cost effectiveness and support United States foreign policy and development goals; (3) leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; (4) utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and (5) supporting USAID Missions and Bureaus in applying science, technology, innovation, and partnership approaches to decisionmaking, procurement, and program design. (c) Authorities (1) In general In carrying out the duties and responsibilities of the Lab under subsection (b), the Administrator may, in addition to such other authorities as may be available to the Administrator— (A) use not more than $15,000,000 of funds appropriated or otherwise made available by an Act making appropriations for the Department of State, foreign operations, and related programs under the heading Development Assistance for any fiscal year for the provision of grants that are focused on science, technology, or innovation and designed to improve health outcomes; (B) make awards in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ), except that foreign citizens and foreign private entities may be eligible for such prizes notwithstanding the eligibility requirements of subsection (g) of such section; and (C) if the authority to appoint individuals on a limited term basis pursuant to schedule A or B of subpart C of part 213 of title 5, Code of Federal Regulations, is authorized for the Lab by the Office of Personnel Management, use funds appropriated to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for the employment of not more than 30 of such individuals. (2) Recovery of funds (A) In general In carrying out the duties and responsibilities of the Lab under subsection (b), the Administrator may provide that a cooperative agreement or other transaction for performance of basic, applied, or advanced research entered into between USAID and a person or other entity include a clause that requires the person or other entity to return to USAID program income generated under the agreement or other transaction. (B) Treatment of payments (i) In general The amount of any program income returned to USAID pursuant to subparagraph (A) shall be credited to the account from which the obligation and expenditure of funds under the cooperative agreement or other transaction described in subparagraph (A) was made. (ii) Availability (I) In general Except as provided in subclause (II), amounts returned and credited to an account under clause (i)— (aa) shall be merged with other funds in the account; and (bb) shall be available for the same purposes and period of time for which other funds in the account are available for programs and activities of the Lab. (II) Exception Amounts returned and credited to an account under clause (i) may not be used to pay for the employment of individuals described in paragraph (1)(C).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4905ih/xml/BILLS-113hr4905ih.xml
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113-hr-4906
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I 113th CONGRESS 2d Session H. R. 4906 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mrs. Capps (for herself, Ms. Moore , Ms. Hanabusa , and Mr. Lewis ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to protect more victims of domestic violence by preventing their abusers from possessing or receiving firearms, and for other purposes.
1. Short title This Act may be cited as the Protecting Domestic Violence and Stalking Victims Act . 2. Definitions of intimate partner and misdemeanor crime of domestic violence expanded Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (32)— (A) by striking and an individual and inserting an individual ; and (B) by inserting , or a dating partner (as defined in section 2266) or former dating partner before the period at the end; and (2) in paragraph (33)(A)(ii)— (A) by striking or by and inserting by ; and (B) by inserting , or by a dating partner (as defined in section 2266) or former dating partner of the victim before the period at the end. 3. Unlawful sale of firearm to a person subject to court order Section 922(d)(8) of title 18, United States Code, is amended to read as follows: (8) is subject to a court order described in subsection (g)(8); or . 4. List of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm expanded Section 922(g)(8) of title 18, United States Code, is amended— (1) in the matter preceding subparagraph (A), by striking that ; (2) by striking subparagraphs (A) and (B) and inserting the following: (A) (i) that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or (ii) in the case of an ex parte order, relating to which notice and opportunity to be heard are provided— (I) within the time required by State, tribal, or territorial law; and (II) in any event within a reasonable time after the order is issued, sufficient to protect the person’s right to due process; (B) that restrains such person from— (i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or (ii) intimidating or dissuading a witness from testifying in court; and ; and (3) in subparagraph (C)— (A) by striking intimate partner or child each place it appears and inserting individual described in subparagraph (B) ; (B) in clause (i), by inserting that before includes ; and (C) in clause (ii), by inserting that before by its . 5. Stalking prohibitions (a) Sales or other dispositions of firearms or ammunition Section 922(d) of title 18, United States Code, as amended by section 3 of this Act, is amended— (1) by striking or at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) has been convicted in any court of— (A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or (B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States. . (b) Possession, etc., of firearms or ammunition Section 922(g) of such title, as amended by section 4 of this Act, is amended— (1) by striking or at the end of paragraph (8); (2) by striking the comma at the end of paragraph (9) and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) has been convicted in any court of— (A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or (B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States, .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4906ih/xml/BILLS-113hr4906ih.xml
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113-hr-4907
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I 113th CONGRESS 2d Session H. R. 4907 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Cicilline (for himself, Mr. Engel , Ms. Lofgren , Ms. Speier , Mr. McGovern , Mr. Sean Patrick Maloney of New York , Mr. Takano , Ms. Wilson of Florida , Mr. McDermott , Mr. Lowenthal , Mr. Pocan , Ms. Roybal-Allard , Mr. Polis , Ms. Eshoo , Ms. Frankel of Florida , Ms. Lee of California , and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions with respect to foreign persons responsible for gross violations of internationally recognized human rights against lesbian, gay, bisexual, and transgender (LGBT) individuals, and for other purposes.
1. Short title This Act may be cited as the Global Respect Act . 2. Findings Congress finds the following: (1) The dignity, freedom, and equality of all human beings are fundamental to a thriving global community. (2) The rights to life, liberty, and security of the person, the right to privacy, and the right to freedom of expression and association are fundamental rights. (3) An alarming trend of violence directed at LGBT individuals around the world continues. (4) More than one-third of all countries have laws criminalizing consensual same-sex relations, and countries such as Nigeria, Russia, Uganda, and Ukraine have recently considered or passed legislation that would further target LGBT individuals. (5) Every year thousands of individuals around the world are targeted for harassment, attack, arrest, and murder on the basis of their sexual orientation or gender identity. (6) Those who commit crimes against LGBT individuals often do so with impunity, and are not held accountable for their crimes. (7) Homophobic and transphobic statements by government officials in many countries in every region of the world promote negative public attitudes and can lead to violence toward LGBT individuals. (8) There are too many instances in which police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBT citizens, including arbitrary arrest, torture, and sexual abuse. (9) Celebrations of LGBT individuals and communities, such as film festivals, Pride events, and demonstrations are often forced underground due to inaction on the part of, or harassment by, local law enforcement and government officials, in violation of freedoms of assembly and expression. (10) Laws criminalizing consensual same-sex relations severely hinder access to HIV/AIDS treatment, information, and preventive measures for LGBT individuals and families. (11) Many countries are making positive developments in the protection of the basic human rights of LGBT individuals. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Foreign person The term foreign person means a person that is not a United States person. (3) Person The term person means an individual or entity. (4) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. 4. Identification of foreign persons responsible for gross violations of human rights (a) In general Not later than 180 days after the date of the enactment of this Act and biannually thereafter, the President shall transmit to the appropriate congressional committees a list of each foreign person that the President determines, based on credible information— (1) is responsible for or complicit in the extrajudicial killing, torture, or other gross violation of internationally recognized human rights, including widespread or systematic violation of the fundamental freedoms of expression, association, or assembly, committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (b) Updates The President shall transmit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (c) Guidance relating to submission of certain information The Secretary of State shall issue public guidance, including through United States diplomatic and consular posts, relating to how names of foreign persons who may be included on the list required by subsection (a) may be submitted to the Department of State. (d) Form (1) In general The list required by subsection (a) shall be transmitted in unclassified form. (2) Exception The name of a foreign person to be included in the list required by subsection (a) may be transmitted in a classified annex only if the President— (A) determines that it is vital for the national security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this Act; and (C) not later than 15 days before transmitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in the classified annex despite any publicly available credible information indicating that the foreign person engaged in an activity described in paragraph (1) or (2) of subsection (a). (3) Consideration of certain information In preparing the list required by subsection (a), the President shall consider— (A) information provided by the Chairperson or Ranking Member of each of the appropriate congressional committees; and (B) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (4) Public availability The unclassified portion of the list required by subsection (a) shall be made available to the public and published in the Federal Register. (e) Removal from list A foreign person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the foreign person from the list that— (1) credible information exists that the foreign person did not engage in the activity for which the foreign person was added to the list; (2) the foreign person has been prosecuted appropriately for the activity in which the foreign person engaged; or (3) the foreign person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which the foreign person engaged, and has credibly committed to not engage in an activity described in paragraph (1) or (2) of subsection (a). (f) Requests by Chairperson or Ranking Member of appropriate congressional committees (1) In general Not later than 120 days after receiving a written request from the Chairperson or Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being added to the list required by subsection (a), the President shall transmit a response to that Chairperson or Ranking Member, as the case may be, with respect to the status of the foreign person at issue. (2) Form The President may transmit a response required by paragraph (1) in classified form if the President determines that it is necessary for the national security interests of the United States to do so. (3) Removal (A) In general If the President removes from the list required by subsection (a) a foreign person that has been placed on the list, the President shall provide the Chairpersons and Ranking Members of the appropriate congressional committees with any information that contributed to such removal decision. (B) Form of information The President may transmit the information requested by subparagraph (A) in classified form if the President determines that it is necessary to the national security interests of the United States to do so. (g) Nonapplicability of confidentiality requirement with respect to visa records The President shall publish the list required by subsection (a) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. 5. Inadmissibility of certain individuals (a) Ineligibility for visas and admission to the United States An individual who is a foreign person on the list required by section 4(a) is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States. (b) Current visas revoked and removal from United States 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 an individual who would be ineligible to receive such a visa or documentation under subsection (a), and the Secretary of Homeland Security shall remove from the United States such an individual. (c) Waiver for national security interests (1) In general The Secretary of State and the Secretary of Homeland Security, in consultation with the President, may waive the application of subsection (a) or (b), as the case may be, in the case of an individual if— (A) the Secretaries determine that such a waiver— (i) 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 (ii) is in the national security interests of the United States; and (B) before granting the waiver, the Secretaries provide to the appropriate congressional committees notice of, and a justification for, the waiver. (2) Timing for notice of certain waivers In the case of a waiver under subparagraph (A)(ii) of paragraph (1), the Secretaries shall submit the notice required by subparagraph (B) of such paragraph not later than 15 days before granting the waiver. (d) Regulatory authority Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall prescribe such regulations as are necessary to carry out this section. 6. Report to Congress Not later than one year after the date of the enactment of this Act and annually thereafter, the President, acting through the Secretary of State, shall submit to the appropriate congressional committees a report on— (1) the actions taken to carry out this Act, including— (A) the number of foreign persons added to or removed from the list required by section 4(a) during the year preceding each report, the dates on which those persons were added or removed, and the reasons for adding or removing those persons; and (B) an analysis that compares increases or decreases in the number of such persons year-over-year and the reasons therefor; and (2) efforts by the executive branch to coordinate with the governments of other countries to, as appropriate, impose sanctions that are similar to the sanctions imposed under this Act. 7. Discrimination related to sexual orientation or gender identity (a) Tracking violence or criminalization related to sexual orientation or gender identity The Assistant Secretary for Democracy, Human Rights and Labor shall designate a Bureau-based senior officer or officers who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms, consistent with United States law, in foreign countries based on actual or perceived sexual orientation or gender identity. (b) Annual country reports on human rights practices The Foreign Assistance Act of 1961 is amended— (1) in section 116(d) ( 22 U.S.C. 2151n(d) )— (A) in paragraph (11)(C), by striking and at the end; (B) in paragraph (12)— (i) in subparagraph (B), by striking and at the end; and (ii) in subparagraph (C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (13) wherever applicable, violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly, consistent with United States law, of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity. ; and (2) in section 502B(b) ( 22 U.S.C. 2304(b) ), by inserting after the ninth sentence the following new sentence: Wherever applicable, such report shall also include information regarding violence or discrimination that affects the fundamental freedoms, including widespread or systematic violation of the freedoms of expression, association, or assembly, consistent with United States law, of an individual in foreign countries that is based on actual or perceived sexual orientation or gender identity. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4907ih/xml/BILLS-113hr4907ih.xml
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113-hr-4908
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I 113th CONGRESS 2d Session H. R. 4908 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Cole introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes.
1. Short title This Act may be cited as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act . 2. Findings Congress finds that— (1) the United States has a distinct legal, treaty, and trust obligation to provide for the education, health care, safety, social welfare, and other needs of Native children; (2) chronic underfunding of Federal programs to fulfill the longstanding Federal trust obligation has resulted in limited access to critical services for the more than 2,100,000 Native children under the age of 24 living in the United States; (3) Native children are the most at-risk population in the United States, confronting serious disparities in education, health, and safety, with 37 percent living in poverty; (4) 17 percent of Native children have no health insurance coverage, and child mortality has increased 15 percent among Native children aged 1 to 14, while the overall rate of child mortality in the United States decreased by 9 percent; (5) suicide is the second leading cause of death in Native children aged 15 through 24, a rate that is 2.5 times the national average, and violence, including intentional injuries, homicide, and suicide, account for 75 percent of the deaths of Native children aged 12 through 20; (6) 58 percent of 3- and 4-year-old Native children are not attending any form of preschool, 15 percent of Native children are not in school and not working, and the graduation rate for Native high school students is 50 percent; (7) 22.9 percent of Native children aged 12 and older report alcohol use, 16 percent report substance dependence or abuse, 35.8 percent report tobacco use, and 12.5 percent report illicit drug use; (8) Native children disproportionately enter foster care at a rate more than 2.1 times the general population and have the third highest rate of victimization; and (9) there is no resource that is more vital to the continued existence and integrity of Native communities than Native children, and the United States has a direct interest, as trustee, in protecting Native children. 3. Definitions In this Act: (1) Commission The term Commission means the Alyce Spotted Bear and Walter Soboleff Commission on Native Children established by section 4. (2) Indian The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (4) Native child The term Native child means— (A) an Indian child, as that term is defined in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903); (B) an Indian who is between the ages of 18 and 24 years old; and (C) a Native Hawaiian who is not older than 24 years old. (5) Native Hawaiian The term Native Hawaiian has the meaning given the term in section 7207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ). (6) Secretary The term Secretary means the Secretary of the Interior. (7) Tribal College or University The term Tribal College or University has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). 4. Commission on Native Children (a) In general There is established a commission in the Office of Tribal Justice of the Department of Justice, to be known as the Alyce Spotted Bear and Walter Soboleff Commission on Native Children . (b) Membership (1) In general The Commission shall be composed of 11 members, of whom— (A) 3 shall be appointed by the President, in consultation with— (i) the Attorney General; (ii) the Secretary; (iii) the Secretary of Education; and (iv) the Secretary of Health and Human Services; (B) 3 shall be appointed by the Majority Leader of the Senate, in consultation with the Chairperson of the Committee on Indian Affairs of the Senate; (C) 1 shall be appointed by the Minority Leader of the Senate, in consultation with the Vice Chairperson of the Committee on Indian Affairs of the Senate; (D) 3 shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairperson of the Committee on Natural Resources of the House of Representatives; and (E) 1 shall be appointed by the Minority Leader of the House of Representatives, in consultation with the Ranking Member of the Committee on Natural Resources of the House of Representatives. (2) Requirements for eligibility (A) In general Subject to subparagraph (B), each member of the Commission shall have significant experience and expertise in— (i) Indian affairs; and (ii) matters to be studied by the Commission, including— (I) health care issues facing Native children, including mental health, physical health, and nutrition; (II) Indian education, including experience with Bureau of Indian Education schools and public schools, tribally operated schools, tribal colleges or universities, early childhood education programs, and the development of extracurricular programs; (III) juvenile justice programs relating to prevention and reducing incarceration and rates of recidivism; and (IV) social service programs that are used by Native children and designed to address basic needs, such as food, shelter, and safety, including child protective services, group homes, and shelters. (B) Experts (i) Native children 1 member of the Commission shall— (I) meet the requirements under subparagraph (A); and (II) be responsible for providing the Commission with insight into and input from Native children on the matters studied by the Commission. (ii) Research 1 member of the Commission shall— (I) meet the requirements of subparagraph (A); and (II) have extensive experience in statistics or social science research. (3) Terms (A) In general Each member of the Commission shall be appointed for a term of 3 years. (B) Vacancies (i) In general A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (ii) Terms Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (c) Operation (1) Chairperson Not later than 15 days after the date on which all members of the Commission have been appointed, the Commission shall select 1 member to serve as Chairperson of the Commission. (2) Meetings (A) In general The Commission shall meet at the call of the Chairperson. (B) Initial meeting The initial meeting of the Commission shall take place not later than 30 days after the date described in paragraph (1). (3) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (4) Rules The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law. (d) Native Advisory Committee (1) Establishment The Commission shall establish a committee, to be known as the Native Advisory Committee . (2) Membership (A) Composition The Native Advisory Committee shall consist of— (i) 1 representative of Indian tribes from each region of the Bureau of Indian Affairs who is 25 years of age or older; and (ii) 1 Native Hawaiian who is 25 years of age or older. (B) Qualifications Each member of the Native Advisory Committee shall have experience relating to matters to be studied by the Commission. (3) Duties The Native Advisory Committee shall— (A) serve as an advisory body to the Commission; and (B) provide to the Commission advice and recommendations, submit materials, documents, testimony, and such other information as the Commission determines to be necessary to carry out the duties of the Commission under this section. (4) Native children subcommittee The Native Advisory Committee shall establish a subcommittee that shall consist of at least 1 member from each region of the Bureau of Indian Affairs and 1 Native Hawaiian, each of whom shall be a Native child, and have experience serving on the council of a tribal, regional, or national youth organization. (e) Comprehensive study of Native children issues (1) In general The Commission shall conduct a comprehensive study of Federal, State, local, and tribal programs that serve Native children, including an evaluation of— (A) the impact of concurrent jurisdiction on child welfare systems; (B) the barriers Indian tribes and Native Hawaiians face in applying, reporting on, and using existing public and private grant resources, including identification of any Federal cost-sharing requirements; (C) the obstacles to nongovernmental financial support, such as from private foundations and corporate charities, for programs benefitting Native children; (D) the issues relating to data collection, such as small sample sizes, large margins of errors, or other issues related to the validity and statistical significance of data on Native children; (E) the barriers to the development of sustainable, multidisciplinary programs designed to assist high-risk Native children and families of those high-risk Native children, as well as any examples of successful program models and use of best practices; and (F) the barriers to interagency coordination on programs benefitting Native children. (2) Coordination In conducting the study under paragraph (1), to avoid duplication of efforts, the Commission shall, to the maximum extent practicable, collaborate with other workgroups focused on similar issues, such as the Task Force on American Indian/Alaska Native Children Exposed to Violence of the Attorney General. (3) Recommendations Taking into consideration the results of the study under paragraph (1) and the analysis of any existing data relating to Native children received from Federal agencies, the Commission shall— (A) develop goals, and plans for achieving those goals, for Federal policy relating to Native children in the short-, mid-, and long-term, which shall be informed by the development of accurate child well-being measures; (B) make recommendations on necessary modifications and improvements to programs that serve Native children at the Federal, State, and tribal level that integrate the cultural strengths of the communities of the Native children and will result in— (i) improvements to the child welfare system that— (I) reduce the disproportionate rate at which Native children enter child protective services and the period of time spent in the foster system; (II) increase coordination among social workers, police, and foster families assisting Native children while in the foster system to result in the increased safety of Native children while in the foster system; (III) encourage the hiring and retention of licensed social workers in Native communities; (IV) address the lack of available foster homes in Native communities; and (V) improve the academic proficiency and graduation rates of Native children in the foster system; (ii) improvements to the mental and physical health of Native children, taking into consideration the rates of suicide, substance abuse, and access to nutrition and health care, including— (I) an analysis of the increased access of Native children to Medicaid under the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and the effect of that increase on the ability of Indian tribes and Native Hawaiians to develop sustainable health programs; and (II) an evaluation of the effects of a lack of public sanitation infrastructure, including in-home sewer and water, on the health status of Native children; (iii) improvements to educational and vocational opportunities for Native children that will lead to— (I) increased school attendance, performance, and graduation rates for Native children across all educational levels, including early education, post-secondary, and graduate school; (II) scholarship opportunities at a Tribal College or University and other public and private postsecondary institutions; (III) increased participation of the immediate families of Native children; (IV) coordination among schools and Indian tribes that serve Native children, including in the areas of data sharing and student tracking; (V) accurate identification of students as Native children; and (VI) increased school counseling services, improved access to quality nutrition at school, and safe student transportation; (iv) improved policies and practices by local school districts that would result in improved academic proficiency for Native children; (v) increased access to extracurricular activities for Native children that are designed to increase self-esteem, promote community engagement, and support academic excellence while also serving to prevent unplanned pregnancy, membership in gangs, drug and alcohol abuse, and suicide, including activities that incorporate traditional language and cultural practices of Indians and Native Hawaiians; (vi) improvements to Federal, State, and tribal juvenile detention programs— (I) to provide greater access to educational opportunities and social services for incarcerated Native children; (II) to promote prevention and reduce incarceration and recidivism rates among Native children; (III) to incorporate families and the traditional cultures of Indians and Native Hawaiians in the process, including through the development of a family court for juvenile offenses; and (IV) to prevent unnecessary detentions and identify successful reentry programs; (vii) expanded access to a continuum of early development and learning services for Native children from prenatal to age 5 that are culturally competent, support Native language preservation, and comprehensively promote the health, well-being, learning, and development of Native children, such as— (I) high quality early care and learning programs for children starting from birth, including Early Head Start, Head Start, child care, and preschool programs; (II) programs, including home visiting and family resource and support programs, that increase the capacity of parents to support the learning and development of the children of the parents, beginning prenatally, and connect the parents with necessary resources; (III) early intervention and preschool services for infants, toddlers, and preschool-aged children with developmental delays or disabilities; and (IV) professional development opportunities for Native providers of early development and learning services; (viii) the development of a system that delivers wrap-around services to Native children in a way that is comprehensive and sustainable, including through increased coordination among Indian tribes, schools, law enforcement, health care providers, social workers, and families; (ix) more flexible use of existing Federal programs, such as by— (I) providing Indians and Native Hawaiians with more flexibility to carry out programs, while minimizing administrative time, cost, and expense and reducing the burden of Federal paperwork requirements; and (II) allowing unexpended Federal funds to be used flexibly across Federal agencies to support programs benefitting Native children, while taking into account— (aa) the 477 Demonstration Initiative of the Department of the Interior; (bb) the Coordinated Tribal Assistance Solicitation program of the Department of Justice; (cc) the Federal policy of self-determination; and (dd) any consolidated grant programs; and (x) solutions to other issues that, as determined by the Commission, would improve the health, safety, and well-being of Native children; (C) based on the use by the Commission of the existing data, make recommendations for improving data collection methods that consider— (i) the adoption of standard definitions and compatible systems platforms to allow for greater linkage of data sets across Federal agencies; (ii) the appropriateness of existing data categories for comparative purposes; (iii) the development of quality data and measures, such as by ensuring sufficient sample sizes and frequency of sampling, for Federal, State, and tribal programs that serve Native children; (iv) the collection and measurement of data that are useful to Indian tribes and Native Hawaiians; (v) the inclusion of Native children in longitudinal studies; and (vi) tribal access to data gathered by Federal, State, and local governmental agencies; and (D) identify models of successful Federal, State, and tribal programs in the areas studied by the Commission. (f) Report Not later than 3 years after the date on which all members of the Commission are appointed and amounts are made available to carry out this Act, the Commission shall submit to the President, Congress, and the White House Council on Native American Affairs a report that contains— (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislative and administrative actions as the Commission considers to be appropriate. (g) Powers (1) Hearings (A) In general The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of the Commission under this section, except that the Commission shall hold not less than 5 hearings in Native communities. (B) Public requirement The hearings of the Commission under this paragraph shall be open to the public. (2) Witness expenses (A) In general A witness requested to appear before the Commission shall be paid the same fees and allowances as are paid to witnesses under section 1821 of title 28, United States Code. (B) Per diem and mileage The fees and allowances for a witness shall be paid from funds made available to the Commission. (3) Information from Federal, tribal, and State agencies (A) In general The Commission may secure directly from a Federal agency such information as the Commission considers to be necessary to carry out this section. (B) Tribal and State agencies The Commission may request the head of any tribal or State agency to provide to the Commission such information as the Commission considers to be necessary to carry out this Act. (4) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (5) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property related to the purpose of the Commission. (h) Commission personnel matters (1) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Detail of Federal employees (A) In general On the affirmative vote of 2/3 of the members of the Commission— (i) the Attorney General, the Secretary, the Secretary of Education, and the Secretary of Health and Human Services shall each detail, without reimbursement, one or more employees of the Department of Justice, the Department of the Interior, the Department of Education, and the Department of Health and Human Services; and (ii) with the approval of the appropriate Federal agency head, an employee of any other Federal agency may be, without reimbursement, detailed to the Commission. (B) Effect on detailees Detail under this paragraph shall be without interruption or loss of civil service status, benefits, or privileges. (3) Procurement of temporary and intermittent services (A) In general On request of the Commission, the Attorney General shall provide to the Commission, on a reimbursable basis, reasonable and appropriate office space, supplies, and administrative assistance. (B) No requirement for physical facilities The Administrator of General Services shall not be required to locate a permanent, physical office space for the operation of the Commission. (4) Members not Federal employees No member of the Commission, the Native Advisory Committee, or the Native Children Subcommittee shall be considered to be a Federal employee. (i) Termination of commission The Commission shall terminate 90 days after the date on which the Commission submits the report under subsection (f). (j) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission, the Native Advisory Committee, or the Native Children Subcommittee. (k) Funding Out of any unobligated amounts made available to the Secretary, the Attorney General, or the Secretary of Health and Human Services, the Attorney General shall make not more than $2,000,000 available to the Commission to carry out this Act.
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113-hr-4909
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I 113th CONGRESS 2d Session H. R. 4909 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Langevin 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 provide States with assistance in finding a permanent home for every child.
1. Short title This Act may be cited as the Permanent Families for All Children Act . 2. 3 -year limit on Federal reimbursement of foster care maintenance payments for child not in a legal guardianship or kinship guardianship arrangement Section 474 of the Social Security Act ( 42 U.S.C. 674 ) is amended by adding at the end the following: (h) Limitation on number of months for which foster care maintenance payments made on behalf of a child not in a legal guardianship or kinship guardianship arrangement may be reimbursed Notwithstanding any other provision of this part, a foster care maintenance payment made on behalf of a child shall not be taken into account for purposes of this section after such a payment has been made on behalf of the child for 36 months (whether or not consecutive) ending after the effective date of this subsection, unless the child is in a legal guardianship or kinship guardianship arrangement. . 3. 1 -year limit on Federal reimbursement of foster care maintenance payments for child in child-care institution Section 474 of the Social Security Act ( 42 U.S.C. 674 ), as amended by section 2 of this Act, is amended by adding at the end the following: (i) Limitation on number of months for which foster care maintenance payments made to child-Care institutions on behalf of a child may be reimbursed Notwithstanding any other provision of this part, a foster care maintenance payment made to a child-care institution on behalf of a child residing in the institution shall not be taken into account for purposes of this section after such a payment has been made to 1 or more such institutions on behalf of the child for 12 months (whether or not consecutive) ending after the effective date of this subsection. . 4. Elimination of AFDC eligibility requirement for foster care maintenance payments (a) Elimination of income eligibility requirement (1) In general Section 472(a) of the Social Security Act ( 42 U.S.C. 672(a) ) is amended— (A) in paragraph (1), by striking if and all that follows and inserting if the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2). ; and (B) by striking paragraphs (3) and (4). (2) Conforming amendments (A) Section 470 of such Act ( 42 U.S.C. 670 ) is amended by striking who otherwise would have been eligible for assistance under the States plan approved under part A (as such plan was in effect on June 1, 1995) . (B) Section 479B(c)(1)(C)(ii) of such Act ( 42 U.S.C. 679c(c)(1)(C)(ii) ) is amended— (i) by striking the following shall apply: and all that follows through Only and inserting only ; and (ii) by striking subclause (II). (b) Replacement of Federal matching rate applicable to foster care maintenance payments and related costs (1) In general Section 474(a)(1) of such Act ( 42 U.S.C. 674(a)(1) ) is amended to read as follows: (1) an amount equal to the foster care partnership rate applicable to the State for the quarter, as determined under subsection (k), of the total amount expended during the quarter as foster care maintenance payments under section 472 for children in foster family homes or child-care institutions (or, with respect to such payments made during the quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage (as defined in section 1905(b)) that would apply under section 479B(d) (in this paragraph referred to as the tribal FMAP ) if the Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus . (2) Foster care partnership rate Section 474 of such Act ( 42 U.S.C. 674 ), as amended by sections 2 and 3 of this Act, is amended by adding at the end the following: (k) The Secretary, in consultation with a State, shall determine the foster care partnership rate applicable to the State for a quarter so that the total of the amounts payable to the State under subsection (a)(1) for the fiscal year in which the quarter occurs equals the total of the amounts required to be paid to the State under subsection (a)(1) (as in effect just before the 1st quarter for which this subsection is in effect with respect to the State) for the 4 quarters preceding such 1st quarter. . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins after the date of the enactment of this Act. (2) State option to delay effective date A State may elect to delay the effectiveness of the amendments made by this section with respect to the State for not more than 3 years. 5. Eligibility of child in residential treatment program for half of regular foster care maintenance payments Section 472(b) of the Social Security Act ( 42 U.S.C. 672(b) ) is amended by inserting , except that, while the child is in a residential treatment program, the payments may continue to be made on behalf of the child at 50 percent of the level at which the payments that would otherwise be made before the period. 6. Effective date (a) In general Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the 1st day of the 12th month beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters ending on or after such date. (b) Delay permitted if state legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter ending after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. 7. Increased funding for caseworker training on child-focused recruitment and retention The Secretary of Health and Human Services shall increase the proportion of the amounts expended by a State for caseworker training on child-focused recruitment and retention with respect to which the State is entitled to a payment under section 474(a)(3)(B) of the Social Security Act for each of fiscal years 2015 through 2019, so that the aggregate of the additional amounts required to be paid by reason of this section for the fiscal year involved equals the amount that the Director of the Office of Management and Budget determines is the net amount of reduced mandatory spending for the fiscal year as a result of the enactment of the preceding provisions of this Act. 8. Unused savings to be spent on child welfare programs The amount specified in section 425 of the Social Security Act for each of fiscal years 2015 through 2019 shall be increased by the savings from the preceding provisions of this Act for the then preceding fiscal year, as computed using the most recent baseline of the Congressional Budget Office. 9. Public service loan forgiveness for social workers Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) is amended by adding at the end the following: (5) Loan cancellation for certain social workers In the case of a borrower who works in social work in a public child or family service agency, paragraph (1) shall be applied— (A) by substituting 60 for 120 both places it appears; and (B) by striking after October 1, 2007 and inserting after the date of enactment of the Permanent Families for All Children Act . .
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113-hr-4910
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I 113th CONGRESS 2d Session H. R. 4910 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. McDermott (for himself, Mr. Levin , Mr. Blumenauer , Mr. Danny K. Davis of Illinois , Ms. Norton , Mr. Langevin , Ms. Schwartz , Ms. Wasserman Schultz , Mr. Becerra , Mr. Lewis , Ms. Wilson of Florida , Mr. Reed , Mr. Paulsen , Mr. Griffin of Arkansas , Mr. Gerlach , Ms. Linda T. Sánchez of California , Mr. Nugent , Mr. Tiberi , Mr. Enyart , Mr. Larson of Connecticut , and Mr. Kelly of Pennsylvania ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the authority of the Internal Revenue Service to require truncated social security numbers on Form W–2 wage and tax statements.
1. Short title This Act may be cited as the Taxpayer Identity Protection Act of 2014 . 2. Extension of IRS authority to require truncated Social Security numbers on Form W–2 (a) In general Paragraph (2) of section 6051(a) of the Internal Revenue Code of 1986 is amended by striking his social security account number and inserting an identifying number for the employee . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act.
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113-hr-4911
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I 113th CONGRESS 2d Session H. R. 4911 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Ms. Meng introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To direct the United States Postal Service to designate a single, unique ZIP Code for Glendale, New York.
1. Single, unique ZIP Code for Glendale, New York Not later than 180 days after the date of the enactment of this section, the United States Postal Service shall designate a single, unique ZIP Code applicable to the area encompassing only Glendale, New York.
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113-hr-4912
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I 113th CONGRESS 2d Session H. R. 4912 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Nolan introduced the following bill; which was referred to the Committee on Armed Services A BILL To limit Department of Defense funds to support United States or Iraqi combat activities in or around Iraq, and for other purposes.
1. Limitation on Department of Defense funds to support United States or Iraqi combat activities in or around Iraq (a) Limitation (1) In general None of the funds made available to the Department of Defense may be obligated or expended after the date of the enactment of this Act to support, directly or indirectly, any United States or Iraqi combat activities in or around Iraq. (2) Exception Funds made available to the Department of Defense may be made available until 90 days after the date of the enactment of this Act to protect the safety and or evacuate United States nationals, including military, diplomatic, and contractor personnel. (b) Combat Activities Defined For purposes of subsection (a), the term combat activities includes the use of United States military personnel or equipment in direct physical conflict, or in combat supporting roles, including trainers or advisors. (c) Rule of construction relating to asylum Nothing in this section shall be construed to preclude the President from arranging asylum or other means of protection for Iraqi nationals who may be physically endangered because of associations with the Government of the United States. (d) Rule of construction relating to intelligence activities Nothing in this section shall be construed to preclude the President from conducting such intelligence activities as may be necessary to protect the interests of the United States. (e) Rule of construction relating to humanitarian assistance Nothing in this section shall be construed to preclude the President from providing humanitarian assistance with respect to Iraq.
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113-hr-4913
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I 113th CONGRESS 2d Session H. R. 4913 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Ms. Roybal-Allard introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To reauthorize the Enhancing Education Through Technology Act of 2001.
1. Short title This Act may be cited as the Achievement Through Technology and Innovation Reauthorization Act of 2014 . 2. Achievement through technology and innovation Part D of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6751 et seq. ) is amended to read as follows: D Achievement through technology and innovation 2401. Short title This part may be cited as the Achievement Through Technology and Innovation Act of 2014 or the ATTAIN Act . 2402. Purposes and goals The purposes and goals of this part are— (1) to ensure that through effective and innovative uses of technology that every student has access to personalized, rigorous, and relevant learning to meet the goals of this Act to raise student achievement, close the achievement gap, and ensure highly effective teaching, and to prepare all students to be technology literate and college and career ready for the 21st century digital economy; (2) to evaluate, build upon, and increase the use of evidence-based and innovative systemic school redesigns that center on the use of technology that leads to school improvement, improved productivity, and increased student achievement; (3) to ensure that all educators are connected in an ongoing manner to technology-based and online resources and supports, including through enhanced ongoing, meaningful professional development to ensure that— (A) all educators are technology literate and effectively use technology to improve instruction; and (B) education administrators possess the capacity to— (i) provide leadership in the use of technology for systemic redesign of curriculum, instruction, and the education enterprise; and (ii) improve educational productivity; (4) to improve student engagement, opportunity, attendance, graduation rates, and technology access through enhanced or redesigned curriculum or instruction; (5) to more effectively collect and use student performance and other data in a timely manner to inform instruction, address individualized student needs, support school decisionmaking, and support school improvement and increased student achievement, including through delivery of computer-based and online assessments; (6) to enhance the use of technology, online and blended learning for systemic education transformation, including curricula redesign and new instructional strategies to personalize learning; and (7) to increase education productivity and reduce costs through the use of technology, blended and online learning, including for the delivery of online assessments. 2403. Definitions In this part: (1) Local educational agency The term local educational agency includes a consortium of local educational agencies. (2) Student technology literacy The term student technology literacy means student knowledge and skills in using contemporary information, communication, and learning technologies in a manner necessary for successful employment, life-long learning, and citizenship in the knowledge-based, digital, and global 21st century, as further defined by the State educational agency, which includes, at a minimum, the ability— (A) to effectively communicate and collaborate; (B) to analyze and solve problems; (C) to access, evaluate, manage, and create information and otherwise gain information literacy; (D) to demonstrate creative thinking, construct knowledge, and develop innovative products and processes; and (E) to do so in a safe and ethical manner. 2404. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this part, $1,000,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 5 succeeding fiscal years. (b) Allocation of funds between state and local initiatives The funds made available under subsection (a) shall be available to carry out subparts 1 and 2, as described in subsection (d). (c) Limitation (1) Local administrative costs Of the funds made available to a local educational agency under this part for a fiscal year, not more than 3 percent may be used by the local educational agency for administrative costs. (2) State administrative costs Of the funds made available to a State educational agency under section 2412(a)(1)(A), not more than 60 percent may be used by the State educational agency for administrative costs. (d) Trigger For fiscal years— (1) for which the amount appropriated to carry out this part is less than $300,000,000, all funds available under subsection (b)(2) shall be available to carry out subpart 2; and (2) for which the amount appropriated to carry out this part equals or is more than $300,000,000, all funds available under subsection (b)(2) shall be available to carry out subpart 1. 1 State and Local Grants 2411. Allotment and reallotment (a) Reservations and allotment From the amount made available to carry out this subpart under section 2404(b)(2) for a fiscal year— (1) the Secretary shall reserve— (A) 3/4 of 1 percent for the Secretary of the Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Affairs; and (B) ½ of 1 percent to provide assistance under this subpart to the outlying areas; and (2) subject to subsection (b), the Secretary shall use the remainder to award grants by allotting to each State educational agency an amount that bears the same relationship to such remainder for such year as the amount received under part A of title I for such year by such State educational agency bears to the amount received under such part for such year by all State educational agencies. (b) Minimum allotment The amount of any State educational agency's allotment under subsection (a)(2) for any fiscal year shall not be less than ½ of 1 percent of the amount made available for allotments to State educational agencies under this subpart for such year. (c) Reallotment of unused funds The Secretary shall reallot any unused amount of a State educational agency's allotment to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this section. 2412. Use of allotment by State (a) In general (1) In general Of the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year— (A) the State educational agency may use not more than 5 percent of such amount or $100,000, whichever amount is greater, to carry out activities under section 2414; and (B) the State educational agency shall distribute the remainder in accordance with paragraphs (2) and (3). (2) Distribution of remainder The State educational agency shall carry out the following: (A) The State educational agency shall use 60 percent of the remainder to award Improving Teaching and Learning through Technology subgrants to local educational agencies having applications approved under section 2415(c) for the activities described in section 2416(b) by allotting to each such local educational agency an amount that bears the same relationship to 60 percent of the remainder for such year as the amount received under part A of title I for such year by such local educational agency bears to the amount received under such part for such year by all local educational agencies within the State, subject to subsection (b)(2). (B) The State educational agency shall use 40 percent of the remainder to award Systemic School Redesign through Technology Integration subgrants, through a State-determined competitive process, to local educational agencies having applications approved under section 2415(b) for the activities described in section 2416(a). (3) Option in years with insufficient amounts appropriated If the amount provided to a State educational agency under section 2411(a)(2) for a fiscal year is not large enough to provide every local educational agency with a minimum subgrant under subsection (b)(2), the State educational agency may distribute 100 percent of the remainder described in paragraph (1)(B) as either formula grants under paragraph (2)(A) or competitive grants under paragraph (2)(B). (b) Sufficient amounts (1) Special rule In awarding subgrants under subsection (a)(2)(B), the State educational agency shall— (A) ensure the subgrants are of sufficient size and scope to be effective, consistent with the purposes of this part; (B) ensure subgrants are of sufficient duration to be effective, consistent with the purposes of this part, including by awarding subgrants for a period of not less than 2 years that may be renewed for not more than an additional 1 year; (C) give preference in the awarding of subgrants, and the providing of all technical assistance, to local educational agencies that serve schools in need of improvement, as identified under section 1116, including those schools with high populations of— (i) students who are English Language Learners; (ii) students with disabilities; or (iii) other subgroups of students who have not met the State's student academic achievement standards; and (D) ensure an equitable distribution among urban and rural areas of the State, according to the demonstrated need for assistance under this subpart of the local educational agencies serving the areas. (2) Minimum formula-based subgrant The amount of any local educational agency's subgrant under subsection (a)(2)(A) for any fiscal year shall be not less than $3,000. (c) Reallotment of unused funds If any local educational agency does not apply for a subgrant under subsection (a) for a fiscal year, or does not use the local educational agency's entire allotment under this subpart for such fiscal year, the State shall reallot any unused funds to the remaining local educational agencies. 2413. State applications (a) In general To be eligible to receive a grant under this subpart, a State educational agency shall submit to the Secretary, at such time and in such manner as the Secretary may specify, an application containing the contents described in subsection (b) and such other information as the Secretary may reasonably require. (b) Contents Each State educational agency application submitted under subsection (a) shall include each of the following: (1) A description of how the State educational agency will support local educational agencies that receive subgrants under this subpart in meeting the purposes and goals of this part and the requirements of this subpart, including through technical assistance in using technology to redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment. (2) A description of the State educational agency's long-term goals and strategies for improving student academic achievement, including student technology literacy, through the effective use of technology. (3) A description of the priority area upon which the State educational agency will focus its assistance under this subpart, which shall be identified from among the core academic subjects, grade levels, and student subgroup populations that may be causing the most number of local educational agencies in the State to not make adequate yearly progress, as defined in section 1111(b)(2)(C). (4) A description of how the State educational agency will support local educational agencies to implement, professional development programs pursuant to section 2416(b)(1)(A). (5) A description of how the State educational agency will ensure that teachers, paraprofessionals, school librarians, and administrators possess the knowledge and skills to use technology— (A) for curriculum redesign to change teaching and learning and improve student achievement; (B) for assessment, data analysis, and to personalize learning; (C) to improve student technology literacy; and (D) for their own ongoing professional development and for access to teaching resources and tools. (6) A description of the process, activities, and performance measures that the State educational agency will use to evaluate the impact and effectiveness of activities described in section 2414. (7) Identification of the State challenging academic content standards and challenging student academic achievement standards that the State educational agency will use to ensure that each student is technology literate consistent with the definition of student technology literacy, and a description of how the State educational agency will assess student performance in gaining technology literacy, only for the purpose of tracking progress towards achieving the 8th grade technology literacy goal and not for meeting adequate yearly progress goals, including through embedding such assessment items in other State tests or performance-based assessments portfolios, or through other valid and reliable means. Nothing in this subpart shall be construed to require States to develop a separate test to assess student technology literacy. (8) An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds. (9) A description of how the State educational agency will, in providing technical and other assistance to local educational agencies, give priority to those identified by the State as being in the highest need of assistance, including those with the highest percentage or number of students from families with incomes below the poverty line, students not achieving at the State proficiency level with student populations identified under section 2412(b)(1)(C), or schools identified as in need of improvement under section 1116. (10) A description of how the State educational agency consulted with local educational agencies in the development of the State application. 2414. State activities (a) Mandatory activities From funds made available under section 2412(a)(1)(A), a State educational agency shall carry out each of the following activities: (1) Identify the State challenging academic content standards and challenging student academic achievement standards that the State educational agency will use to ensure that each student is technology literate consistent with the definition of student technology literacy. (2) Assess student performance in gaining technology literacy consistent with paragraph (1), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means, except that such assessments shall be used only to track student technology literacy and shall not be used to determine adequate yearly progress, and widely disseminate such results. (3) Provide guidance, technical assistance, and other assistance, including in the priority area identified by the State pursuant to section 2413(b)(3), in using technology to improve teaching and redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment, and in submitting applications for funding under this part to high-need local educational agencies— (A) with the highest percentage or number of— (i) students not achieving at the State proficiency level; and (ii) student populations described in section 2412(b)(1)(C); and (B) serving schools identified as in need of improvement under section 1116. (b) Permissive activities From funds made available under section 2412(a)(1)(A), a State educational agency may carry out 1 or more of the following activities that assist local educational agencies: (1) State leadership activities and technical assistance that support achieving the purposes and goals of this part. (2) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including distance learning technologies. (3) Providing, or supporting local educational agencies in providing, sustained and intensive, high-quality professional development pursuant to section 2416(b)(1)(A). (4) Assessing student performance in gaining technology literacy consistent with subsection (a)(2), including through embedding such assessment items in other State tests, performance-based assessments, or portfolios, or through other means. 2415. Local applications (a) In general Each local educational agency desiring a subgrant under this subpart shall submit to the State educational agency an application containing a new or updated local long-range strategic educational technology plan, and such other information as the State educational agency may reasonably require that shall include each of the following: (1) A description of how the local educational agency will align and coordinate the local educational agency's use of funds under this subpart with— (A) the school district technology plan; (B) the school district plans and activities for improving student achievement, including plans and activities under sections 1111, 1112, 1116, and 2123, as applicable; and (C) funds available from other Federal, State, and local sources. (2) An assurance that financial assistance provided under this subpart will supplement, and not supplant, other funds available to carry out activities assisted under this subpart. (3) A description of the process used to assess and, as needed, update technologies throughout the local educational agency. (4) Such other information as the State educational agency may reasonably require. (b) Competitive grants; systemic school redesign through technology integration In addition to the information described in subsection (a), a local educational agency submitting an application for a subgrant under section 2412(a)(2)(B) shall submit to the State educational agency an application containing each of the following: (1) A description of how the local educational agency will use the subgrant funds to implement systemic school redesign, which is a comprehensive set of programs, practices, and technologies that— (A) collectively lead to school or school district change and improvement, improve educational productivity, and improve student achievement and technology literacy; and (B) incorporate all of the following elements: (i) Reform or redesign of curriculum, instruction, assessment, use of data, or other practices through the use of technology in order to increase student learning opportunity, and engagement in learning. (ii) Improvement of educator quality, knowledge and skills, and effectiveness through ongoing, sustainable, timely, and contextual professional development described in section 2416(b)(1)(A). (iii) Ongoing use of formative and other assessments and other timely data sources and data systems to more effectively identify individual student learning needs and personalize learning. (iv) Engagement of school district leaders, school leaders, and classroom educators. (v) Programs, practices, and technologies that are based on a review of the best available research evidence or on development and use of new and innovative designs, programs, practices, and technologies. (2) An assurance that the local educational agency will use not less than 25 percent of the subgrant funds to implement a program of professional development described in section 2416(b)(1)(A). (3) A description of how the local educational agency will evaluate the impact of 1 or more programs or activities carried out under this subpart. (c) Formula grants; improving teaching and learning through technology In addition to the information described in subsection (a), a local educational agency submitting an application for a subgrant under section 2412(a)(2)(A) shall submit to the State educational agency an application containing each of the following: (1) An assurance that the local educational agency will use not less than 40 percent of the subgrant funds for ensuring educators, including teachers and administrators, are technology literate, prepared to use technology to improve curriculum and instruction, and are connected online to supports and resources, including for— (A) professional development described in section 2416(b)(1)(A); and (B) to provide educators with ongoing access to technology tools, applications, supports and other resources, including those related specifically to such professional development activities. (2) A description of the local educational agency's program of professional development required under paragraph (1)(A). (3) A description of the use of technology tools, applications, and other resources to improve student learning and achievement in the area of priority identified under paragraph (4). (4) A description of the priority area subgrant funds will target, identified from among the core academic subjects, grade levels, and student subgroup populations in which the most number of students served by the local educational agency are not proficient. (5) A description of how funds will be used to integrate technology to redesign curriculum or instruction, implement computer-based and online assessments, improve use of data to personalize learning, or improve education productivity. (d) Combined Applications A local educational agency that submits an application under subsection (b), may, upon notice to the State educational agency, submit a single application that will also be considered as an application for subgrant funds awarded under subsection (c), if the application addresses each application requirement under subsections (a), (b), and (c). 2416. Local activities (a) Competitive grants; systemic school redesign through technology integration A local educational agency that receives funds through a subgrant under section 2412(a)(2)(B), shall carry out activities to improve student learning, technology literacy, and achievement, as follows: (1) Use not less than 5 percent of such funds to evaluate the impact of 1 or more programs or activities carried out under the subgrant as identified in the local educational agency's application and approved by the State educational agency. (2) Use funds remaining after carrying out paragraph (1) to implement a plan for systemic school redesign in 1 or more schools, in accordance with section 2415(b)(1), including each of the following: (A) Using not less than 25 percent of subgrant funds to ensure educators, including teachers and administrators, are technology literate, prepared to use technology to improve curriculum and instruction, and are connected online to supports and resources, including through the following: (i) Professional development activities, as described in subsection (b)(1)(A). (ii) The acquisition and implementation of technology tools, applications, and other resources to provide educators with ongoing access and support, including for use in the professional development activities described in clause (i). (B) Acquiring and effectively implementing technology tools, applications, and other resources in conjunction with enhancing or redesigning the curriculum or instruction in order to— (i) increase student learning opportunity or access, student engagement in learning, or student attendance or graduation rates; (ii) improve student achievement in 1 or more of the core academic subjects; and (iii) improve student technology literacy. (C) Acquiring and effectively implementing technology tools, applications, and other resources to— (i) conduct ongoing formative and other assessments and use other timely data sources and data systems to more effectively identify and address individual student learning needs; (ii) support personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors otherwise not available except through technology and online learning; and (iii) conduct other activities consistent with research-based or innovative systemic school redesign, including activities that increase parental involvement. (b) Formula grants; improving teaching and learning through technology A local educational agency that receives funds through a subgrant under section 2412(a)(2)(A), shall carry out activities to improve student learning, technology literacy, and achievement in the area of priority identified under section 2415(c)(4), as follows: (1) Use not less than 40 percent of such funds for professional development activities that are aligned with activities supported under section 2123 to improve educator quality and skills through support for the following: (A) Training of school personnel, which— (i) shall include the development, acquisition, or delivery of— (I) training that is ongoing, sustainable, timely, and directly related to up-to-date teaching content areas; (II) training in strategies and pedagogy in the core academic subjects that involve use of technology and curriculum redesign as key components of changing teaching and learning and improving student achievement and technology literacy; (III) training in the use of computer-based and online assessments, and in the use of student performance and other data to individualized instruction; and (IV) training that includes ongoing communication and follow-up with instructors, facilitators, and peers; and (ii) may include— (I) the use of, and training of, instructional technology specialists, mentors, master teachers, or coaches to serve as experts and train other teachers in the effective use of technology; and (II) the use of technology, such as distance learning and online virtual educator-to-educator peer communities, as a means for delivering professional development. (B) The acquisition and implementation of technology tools, applications, and other resources to be employed in the professional development activities described in subparagraph (A). (2) Use funds remaining after carrying out paragraph (1) to acquire or implement technology tools, applications, and other resources to improve student learning, technology literacy, and achievement in the area of priority identified by the local educational agency, including through 1 or more of the following: (A) Conducting ongoing formative assessment and using other timely data sources and data systems to more effectively identify and address individual student learning needs. (B) Supporting personalized student learning, including through instructional software and digital content that supports the learning needs of each student, or through providing access to high-quality courses and instructors not otherwise available except through technology such as online learning. (C) Increasing parental involvement through improved communication with teachers and access to student assignments and grades. (D) Enhancing accountability, instruction, and data-driven decisionmaking through data systems that allow for management, analysis, and disaggregating of student, teacher, and school data. (E) Such other activities as are appropriate and consistent with the goals and purposes of this part. (c) Multiple Grants A local educational agency that receives a subgrant under subparagraph (A) and subparagraph (B) of section 2412(a)(2) may use all such subgrant funds for activities authorized under subsection (a). 2 State Competitive Grants 2421. State competitive grants (a) In general From the amount made available to carry out this subpart under section 2404(b)(2) for a fiscal year, the Secretary shall award grants to State educational agencies, and consortia of such agencies, having applications approved under subsection (b) for the activities described in subsection (d). (b) Applications (1) In general To be eligible to receive a grant under this subpart, a State educational agency or consortium of State educational agencies shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require, including the information described in paragraph (2). (2) Contents An application submitted by a State educational agency or consortium of State educational agencies for a grant under this subpart shall include the following: (A) In the case of an application by a consortium, an identification of the States included in the consortium, and which State will act as both fiscal agent and lead grant administrator. (B) A description of how the applicant will support local educational agencies in achieving the absolute priority of supporting enhanced use of technology, including online and blended learning for systemic education transformation, curricula redesign, and new instructional strategies to personalize learning. (C) An identification of an additional priority the applicant will address and a description of how the applicant will support local educational agencies in achieving the priority. Such priority shall be 1 or more of the following: (i) Preparing for and administering State assessments online. (ii) Using technology and blended learning to improve education productivity and reduce education costs. (iii) Preparing the capacity of administrators and other education leaders to lead systemic education transformation through technology. (D) A brief description of the applicant’s (or, in the case of an applicant that is a consortium of State educational agencies, each such agency’s) long-term goals and strategies for improving student academic achievement, including student technology literacy, through the effective use of technology and how the grant will support that plan’s implementation and achievement. (E) A description of how the applicant will use grant funds to improve the knowledge and skills of educators, including teachers and administrators, to more effectively use technology. (F) A description of the process, activities, and performance measures that the applicant will use to evaluate the impact and effectiveness of activities and to disseminate those findings. (G) An identification of the challenging academic content standards and challenging student academic achievement standards that the applicant will use to ensure that each student is technology literate. (H) An assurance that financial assistance provided under this subpart will supplement, and not supplant, State and local funds available for activities described in this subpart. (I) A description of how the applicant consulted with local educational agencies in the development of the application. (J) A listing of the local educational agencies that will receive subgrants, and a description of the activities the local educational agencies have agreed to undertake with such funds should the applicant be awarded a grant under this subpart. (K) A description of how the applicant will coordinate activities carried out with funds under this subpart with other Federal, State, and local funds and activities in order to leverage their impact beyond what could be accomplished directly with grant funds. (c) Awards In awarding grants under this subpart, the Secretary shall do the following: (1) Ensure the grants— (A) are of sufficient size and duration to be effective; (B) are distributed among States of diverse geographic locations and populations; and (C) serve students of greatest need. (2) Use the following characteristics of a State educational agency (or, in the case of an applicant that is a consortium of State educational agencies, the characteristics of each participating agency) as absolute priorities for awarding grants: (A) Bases student advancement and graduation on demonstrated competency regardless of seat-time, or time spent in a traditional classroom. (B) Seeks to ensure all students have access to high-quality digital content and online courses without arbitrary caps or other limitations on enrollment in online learning. (C) Has teacher certification or licensure requirements that require educators to be technology literate, including the ability to— (i) integrate technology into curriculum, instruction, and assessment; (ii) use data to personalize learning; or (iii) teach online. (D) Allows the use of State funds for technology tools and applications, if appropriate, to meet program goals and requirements, including ensuring that the State’s rules support adoption of electronic learning materials, including allowance that materials may be updated in an ongoing manner and can be acquired through subscription. (E) Has learning standards that include student technology literacy standards and learning performance standards that assess student technology literacy. (3) Use the following characteristics of a State educational agency (or, in the case of an applicant that is a consortium of State educational agencies, the characteristics of each participating agency) as competitive preference priorities for awarding grants: (A) Assessments are delivered online and may be taken when students have completed a particular course or unit of instruction, not at a specified time and date. (B) Has teacher certification reciprocity agreements with 1 or more other State educational agencies, including for online instruction. (C) Postsecondary and other teacher training institutions are required to provide, or supported in providing, training in online and blended instruction. (D) Directly supports technology tools and applications and ensure all students and teachers have high-speed access to the Internet. (E) Supports policies or plans facilitating the use of student owned devices in schools or that facilitate home access to digital content. (F) Has plans that support students with disabilities, advanced learners, below-grade-level learners, and English language learners. (d) Use of funds A recipient of a grant under this subpart shall— (1) allocate not less than 75 percent of grant funds to local educational agencies to carry out the activities described in the application; and (2) use the funds remaining after carrying out paragraph (1) for State-level activities, as described in the application, including— (A) assessing the impact of grant funds; and (B) disseminating the findings of the recipient statewide and nationally and, in the case of a consortium, throughout the States within the consortium. .
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113-hr-4914
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I 113th CONGRESS 2d Session H. R. 4914 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 prohibit funding to the Institute of Peace.
1. Prohibition on funding the Institute of Peace No funds available to the Department of State or any other department or agency may be used to provide contributions directly or indirectly to the Institute of Peace.
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113-hr-4915
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I 113th CONGRESS 2d Session H. R. 4915 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Schneider (for himself and Mr. Chabot ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To clarify the definition of general solicitation under Federal securities law.
1. Short title This Act may be cited as the Helping Angels Lead Our Startups Act or the HALOS Act . 2. Definition of angel investor group As used in this Act, the term angel investor group means any group that— (1) is composed primarily of individual accredited investors who are interested in investing personal capital in early-stage companies; (2) holds regular meetings and has defined processes and procedures for making investment decisions, either individually or among the membership of the group as a whole; and (3) is not connected to broker-dealers or investment advisers. 3. Clarification of general solicitation The Securities and Exchange Commission shall amend Regulation D of its rules (17 C.F.R. 230.500 et seq.) to require that in carrying out the prohibition against general solicitation or general advertising contained in section 230.502(c) of title 17, Code of Federal Regulations, the prohibition shall not apply to a presentation or other communication made by or on behalf of an issuer which is made at an event— (1) sponsored by— (A) the United States or any territory thereof, by the District of Columbia, by any State, by a political subdivision of any State or territory, or by any agency or public instrumentality of any of the foregoing; (B) a college, university, or other institution of higher education; (C) a nonprofit organization; (D) an angel investor group; (E) a venture forum, venture capital association, or trade association; or (F) any other group, person or entity as the Securities and Exchange Commission may determine by rule; (2) where any advertising for the event does not reference any specific offering of securities by the issuer; (3) the sponsor of which— (A) does not make investment recommendations or provide investment advice to event attendees; (B) does not engage in an active role in any investment negotiations between the issuer and investors attending the event; and (C) does not charge event attendees any fees other than administrative fees; and (4) where no specific information regarding an offering of securities by the issuer is communicated or distributed by or on behalf of the issuer, other than— (A) that the issuer is in the process of offering securities or planning to offer securities; (B) the type and amount of securities being offered; (C) the amount of securities being offered that have already been subscribed for; and (D) the intended use of proceeds of the offering.
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113-hr-4916
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I 113th CONGRESS 2d Session H. R. 4916 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Ms. Schwartz (for herself, Mr. Crowley , Mr. Gibson , Mr. King of New York , and Mr. Neal ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify the energy credit to provide greater incentives for industrial energy efficiency.
1. Short title This Act may be cited as the Power Efficiency and Resiliency Act or as the POWER Act . 2. Modifications in credit for combined heat and power system property (a) Increased energy percentage Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking and at the end of subclause (III), by redesignating subclause (IV) as subclause (V), and by inserting after subclause (III) the following new subclause: (IV) energy property described in paragraph (3)(A)(v), and . (b) Modification of certain capacity limitations Section 48(c)(3)(B) of such Code is amended— (1) by striking 15 megawatts in clause (ii) and inserting 25 megawatts , (2) by striking 20,000 horsepower in clause (ii) and inserting 34,000 horsepower , and (3) by striking clause (iii). (c) Extension of credit for combined heat and power system property Section 48(c)(3)(A)(iv) of such Code is amended by striking January 1, 2017 and inserting January 1, 2019 . (d) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (2) Extension of credit The amendments made by subsection (c) shall apply to property placed in service after December 31, 2016. 3. Energy credit for waste heat to power property (a) In general Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (vi), by inserting or at the end of clause (vii), and by adding at the end the following new clause: (viii) waste heat to power property, . (b) Waste heat To power property Subsection (c) of section 48 of such Code is amended by adding at the end the following new paragraph: (5) Waste heat to power property (A) Waste heat to power property The term waste heat to power property means property comprising a system which generates electricity through the recovery of a qualified waste heat resource. (B) Qualified waste heat resource defined The term qualified waste heat resource means— (i) exhaust heat or flared gas from any industrial process, (ii) waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented, (iii) a pressure drop in any gas for an industrial or commercial process, or (iv) such other forms of waste heat resources as the Secretary may determine. (C) Exception The term qualified waste heat resource does not include any heat resource from a process whose primary purpose is the generation of electricity utilizing a fossil fuel. (D) Termination The term waste heat to power property shall not include any property placed in service after December 31, 2018. . (c) Increased energy percentage Clause (i) of section 48(a)(2)(A) of such Code is amended by inserting after the new subclause (V) the following new subclause: (VI) energy property described in paragraph (3)(A)(viii), and . (d) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).
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113-hr-4917
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I 113th CONGRESS 2d Session H. R. 4917 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Ms. Shea-Porter 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 provide bankruptcy protections for medically distressed debtors, and for other purposes.
1. Short title This Act may be cited as the Medical Bankruptcy Fairness Act of 2014 . 2. Definitions (a) In general Section 101 of title 11, United States Code, is amended— (1) by inserting after paragraph (39A) the following: (39B) The term medical debt means any debt incurred voluntarily or involuntarily— (A) as a result of the diagnosis, cure, mitigation, or treatment of injury, deformity, or disease of an individual; or (B) for services performed by a medical professional in the prevention of disease or illness of an individual. (39C) The term medically distressed debtor means— (A) a debtor who, during the 3 years before the date of the filing of the petition— (i) incurred or paid aggregate medical debts for the debtor, a dependent of the debtor, or a nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor that were not paid by any third-party payor and were greater than the lesser of— (I) 10 percent of the debtor’s adjusted gross income (as such term is defined in section 62 of the Internal Revenue Code of 1986); or (II) $10,000; (ii) did not receive domestic support obligations, or had a spouse or dependent who did not receive domestic support obligations, of at least $10,000 due to a medical issue of the person obligated to pay that would cause the obligor to meet the requirements under clause (i) or (iii), if the obligor was a debtor in a case under this title; or (iii) experienced a change in employment status that resulted in a reduction in wages, salaries, commissions, or work hours or resulted in unemployment due to— (I) an injury, deformity, or disease of the debtor; or (II) care for an injured, deformed, or ill dependent or nondependent parent, grandparent, sibling, child, grandchild, or spouse of the debtor; or (B) a debtor who is the spouse of a debtor described in subparagraph (A). . (b) Conforming amendments Section 104 of title 11, United States Code, is amended— (1) in subsection (a), by inserting 101(39C)(A), after 101(19)(A), ; and (2) in subsection (b), by inserting 101(39C)(A), after 101(19)(A), . 3. Exemptions (a) Exempt property Section 522 of title 11, United States Code, is amended by adding at the end the following: (r) (1) If a medically distressed debtor exempts property listed in subsection (b)(2), the debtor may, in lieu of the exemption provided under subsection (d)(1), elect to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in property described in paragraph (3) of this subsection. (2) If a medically distressed debtor exempts property listed in subsection (b)(3) and the exemption provided under applicable law specifically for the kind of property described in paragraph (3) is for less than $250,000 in value, the debtor may elect to exempt the debtor's aggregate interest, not to exceed $250,000 in value, in any such property. (3) The property described in this paragraph is— (A) real property or personal property that the debtor or a dependent of the debtor uses as a residence; (B) a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence; or (C) a burial plot for the debtor or a dependent of the debtor. . (b) Conforming amendments Section 104 of title 11, United States Code, is amended— (1) in subsection (a), by inserting 522(r), after 522(q), ; and (2) in subsection (b), by inserting 522(r), after 522(q), . 4. Waiver of administrative requirements (a) Case under chapter 7 Section 707(b) of title 11, United States Code, is amended by adding at the end the following: (8) Paragraph (2) does not apply in any case in which the debtor is a medically distressed debtor. . (b) Case under chapter 13 Section 1325(b)(1) of title 11, United States Code, is amended— (1) in subparagraph (A), by striking or at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (C) the debtor is a medically distressed debtor. . 5. Credit counseling Section 109(h)(4) of title 11, United States Code, is amended by inserting a medically distressed debtor or after apply with respect to . 6. Student loan undue hardship Section 523(a)(8) of title 11, United States Code, is amended by inserting the debtor is a medically distressed debtor or before excepting . 7. Attestation by debtor Section 521 of title 11, United States Code, is amended by adding at the end the following: (k) If the debtor seeks relief as a medically distressed debtor, the debtor shall file a statement of medical expenses relevant to the determination of whether the debtor is a medically distressed debtor, which statement shall declare under penalty of perjury that such medical expenses were not incurred for the purpose of bringing the debtor within the meaning of the term medically distressed debtor. . 8. Effective date; application of amendments (a) Effective date Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Application of amendments The amendments made by this Act shall apply only with respect to cases commenced under title 11, United States Code, on or after the date of enactment of this Act.
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113-hr-4918
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I 113th CONGRESS 2d Session H. R. 4918 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Stivers (for himself and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Food and Drug Administration to expedite review of pharmaceuticals that are approved for marketing in the European Union.
1. Short title This Act may be cited as the Speeding Access to Already Approved Pharmaceuticals Act of 2014 . 2. Expedited review of EU-approved pharmaceuticals (a) In general Section 506 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356 ) is amended by adding at the end the following: (g) EU-Approved pharmaceuticals (1) Expedited review Beginning not later than 90 days after a new pharmaceutical is approved for marketing in the European Union, the Secretary shall, at the request of the sponsor of the pharmaceutical, facilitate the development and expedite the review of such new pharmaceutical under section 505 or 515 of this Act or section 351 of the Public Health Service Act, as appropriate. (2) Definition In this subsection, the term pharmaceutical means a drug (including a biological product) or a device. . (b) Technical correction Subsection (f) (relating to awareness efforts) of section 506 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356 ) is hereby moved so as to follow subsection (e) (relating to construction) of such section 506.
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113-hr-4919
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I 113th CONGRESS 2d Session H. R. 4919 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Tiberi (for himself, Mr. Chabot , Mr. Wenstrup , Mrs. Beatty , Mr. Jordan , Mr. Latta , Mr. Johnson of Ohio , Mr. Gibbs , Ms. Kaptur , Mr. Turner , Ms. Fudge , Mr. Ryan of Ohio , Mr. Joyce , Mr. Stivers , and Mr. Renacci ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 715 Shawan Falls Drive in Dublin, Ohio, as the Lance Corporal Wesley G. Davids and Captain Nicholas J. Rozanski Memorial Post Office .
1. Lance Corporal Wesley G. Davids and Captain Nicholas J. Rozanski Memorial Post Office (a) Designation The facility of the United States Postal Service located at 715 Shawan Falls Drive in Dublin, Ohio, shall be known and designated as the Lance Corporal Wesley G. Davids and Captain Nicholas J. Rozanski Memorial Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Lance Corporal Wesley G. Davids and Captain Nicholas J. Rozanski Memorial Post Office .
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113-hr-4920
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I 113th CONGRESS 2d Session H. R. 4920 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Tiberi (for himself, Mr. Larson of Connecticut , Mrs. Black , Mr. Visclosky , Mr. Johnson of Ohio , and Mr. Joyce ) 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 require State licensure and performance guarantees for entities submitting bids under the Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) competitive acquisition program, and for other purposes.
1. Short title This Act may be cited as the Medicare DMEPOS Competitive Bidding Improvement Act of 2014 . 2. Requiring State licensure and performance guarantees of bidding entities under the Medicare DMEPOS competitive acquisition program (a) In general Section 1847(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(1) ) is amended by adding at the end the following new subparagraphs: (G) Requiring state licensure and performance guarantees for bidding entities With respect to rounds of competitions beginning under this subsection on or after the date of enactment of this subparagraph, the Secretary may not accept a bid from an entity for an area unless, as of the deadline for bid submission— (i) the entity meets applicable State licensure requirements for such area for all items in such bid for a product category; and (ii) the entity has obtained (and provided the Secretary with proof of having obtained) a bid and performance surety bond (in this paragraph referred to as a bid and performance bond ) in a form specified by the Secretary consistent with subparagraph (H) and in an amount that is not less than $50,000 for each such area. (H) Treatment of bid and performance bonds submitted (i) For successful bidders In the case of a bidding entity that is offered a contract for an area for a product category, if the entity’s composite bid— (I) is at or below the product category's median composite bid rate for the area and the entity does not accept the contract offered for the product and area, the bid and performance bond submitted shall be forfeited by the bidding entity and the Secretary shall collect on it; or (II) is above such median composite bid rate and the entity chooses not to accept a contract for the product category, the bid and performance bond submitted shall be returned within 90 days of the date of notice of nonacceptance. (ii) Conversion into performance guarantee upon contracting If a bidding entity is offered and accepts the contract, the bid and performance bond submitted shall be retained as a performance guarantee under the contract and— (I) shall be returned to the entity within 90 days of the date of completion of the contract; or (II) shall be collected on by the Secretary if the contract is terminated before the expiration of the contract. (iii) Return of bond for losing bidders If a bidding entity submits a bid that is not accepted for an area, the bid and performance bond submitted for the entity for such area shall be returned within 90 days of the date of notice of nonacceptance. .
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113-hr-4921
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I 113th CONGRESS 2d Session H. R. 4921 IN THE HOUSE OF REPRESENTATIVES June 19, 2014 Mr. Womack (for himself, Mr. Kinzinger of Illinois , and Mr. Matheson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the revision of certification requirements for the labeling of certain electronic products under the Energy Star program.
1. Third-party certification under Energy Star program Section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ) is amended by adding at the end the following: (e) Third-Party certification (1) In general Subject to paragraph (2), not later than 180 days after the date of enactment of this subsection, the Administrator shall revise the certification requirements for the labeling of consumer, home, and office electronic products for program partners that have complied with all requirements of the Energy Star program for a period of at least 18 months. (2) Administration In the case of a program partner described in paragraph (1), the new requirements under paragraph (1)— (A) shall not require third-party certification for a product to be listed; but (B) may require that test data and other product information be submitted to facilitate product listing and performance verification for a sample of products. (3) Third parties Nothing in this subsection prevents the Administrator from using third parties in the course of the administration of the Energy Star program. (4) Termination (A) In general Subject to subparagraph (B), an exemption from third-party certification provided to a program partner under paragraph (1) shall terminate if the program partner is found to have violated program requirements with respect to at least 2 separate models during a 2-year period. (B) Resumption A termination for a program partner under subparagraph (A) shall cease if the program partner complies with all Energy Star program requirements for a period of at least 3 years. .
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113-hr-4922
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I 113th CONGRESS 2d Session H. R. 4922 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Schneider introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize veterans who are entitled to educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs to use such entitlement to participate in a career transition internship program for veterans.
1. Short title This Act may be cited as the GI Internship Program Act . 2. Program on provision of career transition services to young veterans (a) In general Subchapter II of chapter 33 of title 38, United States Code, is amended by adding at the end the following new section: 3320. Career transition internship program (a) In general The internship program described in subsection (b) shall be deemed to be an approved program of education for purposes of this chapter. (b) Internship program The Secretary of Veterans Affairs shall establish a program to match individuals entitled to educational assistance under this chapter with eligible employers providing internships for the purpose of— (1) providing such individuals with work experience in the civilian sector; (2) addressing the growing skills gap in the United States economy; (3) increasing the marketable skills of such individuals; and (4) assisting such individuals in obtaining long-term employment. (c) Eligible employers (1) In general For purposes of the program, an eligible employer is an employer determined by the Secretary to meet such criteria for participation in the program as the Secretary shall establish for purposes of the program. (2) Past performance on certain matters The criteria established by the Secretary under paragraph (1) may include past performance of an employer with respect to the following: (A) Job training, basic skills training, and related activities. (B) Financial accountability. (C) Demonstrated need to hire, desire to grow, and plan to grow. (D) Demonstrated high potential for growth and long-term job creation. (3) For-profit and not-for-profit employers The employers determined by the Secretary to be eligible employers under paragraph (1) may include both for-profit and not-for-profit employers. (4) Small business concerns In determining employers to be eligible employers under paragraph (1), the Secretary shall ensure that small business concerns (under the meaning given that term under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )) are afforded opportunities to participate in the program. (5) Manufacturing In determining employers to be eligible employers under paragraph (1), the Secretary shall give special consideration to employers in the manufacturing sector. (6) Exclusions The following employers may not be determined to be eligible employers under paragraph (1): (A) An agency of the Federal Government or a State or local government. (B) An employer that has previously participated in the program and, as determined by the Secretary, failed to abide by any requirement of the program. (C) An employer that cannot give an assurance to the Secretary at the time of application for participation in the program under subsection (f), and in such manner as the Secretary shall specify pursuant to that subsection, on each matter as follows: (i) That the employer has not been investigated or subject to a case or action by the Federal Trade Commission during the 180-day period ending on the date the employer would otherwise commence participation in the program. (ii) That the employer has been in good standing with a State business bureau during the period described in clause (i). (iii) That the employer is not delinquent with respect to payment of any taxes or employer contributions described under sections 3301 and 3302(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 3301 and 3302(a)(1)). (iv) That the employer would not request the placement of an additional eligible individual under the program, if after such additional placement, the number of eligible individuals placed in internships at such employer under the program would constitute more than 10 percent of the eligible employer’s workforce. For purposes of the previous sentence, being an intern under the program placed at an employer shall be considered part of the employer’s workforce. (v) That the employer has the intention of retaining eligible participants after such participants have completed participation in the program. (d) Internships (1) In general For each individual entitled to educational assistance under this chapter whom the Secretary approves for participation in the program established under subsection (b), the Secretary shall attempt to place such individual in an internship on a full-time basis with an eligible employer that the Secretary has approved for participation in the program. For each month such an individual participates in such an internship on a full-time basis, the Secretary shall pay to the individual the amount of educational assistance described in section 3313(g)(3)(B) of this title. (2) Duration Each internship under the program shall be for a period of at least 180 days but not more than one year. (3) Employment status For purposes of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), an individual placed in an internship with an eligible employer under the program shall be considered an employee of the Department of Veterans Affairs and not the eligible employer during the period of such internship under the program. (4) Relation to other federal assistance Notwithstanding any other provision of law, pay received by an individual under this subsection may not be used in any calculation to determine the eligibility of such individual for any Federal program for the purpose of obtaining child care assistance. (5) Certification For each month that an individual participates in an internship under the program established by subsection (b), the individual and the eligible employer providing the internship shall submit to the Secretary certification that the individual worked at least 35 hours each week for the eligible employer performing functions that provided the individual with valuable experience. (e) Participation (1) Application (A) In general An eligible employer or individual seeking to participate in the program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary shall specify. (B) Requirements for eligible employers An application submitted by an eligible employer under subparagraph (A) shall include a certification or other information, in such form and manner as the Secretary shall specify, on each of the assurances required by subsection (c)(5)(C), including the assurance that the employer has the intention of retaining eligible participants after they have completed participation in the program as provided in clause (v) of that subsection. (2) Time of application for certain eligible individuals A member of the Armed Forces on active duty who expects to be entitled for educational assistance under this chapter may submit an application to participate in the program not earlier than 180 days before the date on which the member expects to be discharged or released from the Armed Forces. (3) Selection The Secretary shall review each application submitted by an applicant under paragraph (1) and approve or disapprove the applicant for participation in the program. (f) Outreach (1) In general The Secretary of Veterans Affairs and the Secretary of Labor shall jointly carry out a program of outreach to inform eligible employers and eligible individuals about the program and the benefits of participating in the program. (2) Internet portal The Secretary of Veterans Affairs and the Secretary of Labor shall work together to create and publicize an Internet website to serve as a portal for eligible individuals and eligible employers to learn about the program and apply. (3) Included locations and groups The Secretary of Veterans Affairs and the Secretary of Labor shall ensure that any outreach program and activities conducted under paragraph (1) include, to the extent practicable, rural communities, tribal lands of the United States, Native Americans, and tribal organizations (as defined in section 3765 of title 38, United States Code). (g) Minimization of burdens on participating employers The Secretary shall take such measures as may be necessary to minimize administrative burdens incurred by eligible employers due to participation in the program and to ensure that employer participation in the program is at no cost to the employer. (h) Reports (1) In general Not later than 45 days after the completion of the first year of the program and not later than 90 days after the completion of the second and third years of the program, the Secretary shall submit to Congress a report on the program. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) An evaluation of the program. (B) The number and characteristics of participants in the program. (C) The number and types of internships in which individuals were placed under the program. (D) The number of individuals who obtained long-term full-time unsubsidized employment positions after participation in the program, the hourly wage and nature of such employment, and if available, whether such individuals were still employed in such positions three months after obtaining such positions. (E) An assessment of the effect of the program on earnings of the individuals who participated and the employment of such individuals. (F) Such recommendations for legislative and administrative action as the Secretary may have to improve the program, to expand the program, or to improve the employment of individuals entitled to educational assistance under this chapter. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3319 the following new item: 3320. Career transition internship program. .
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113-hr-4923
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IB Union Calendar No. 362 113th CONGRESS 2d Session H. R. 4923 [Report No. 113–486] IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Simpson , 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 energy and water development and related agencies for the fiscal year ending September 30, 2015, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2015, and for other purposes, namely: I Corps of engineers—civil Department of the army Corps of engineers—civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. Investigations For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration, projects and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $115,000,000, to remain available until expended. Construction For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $1,704,499,000, to remain available until expended; of which such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303 ; and of which such sums as are necessary to cover one-half of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law. Mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $260,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor Maintenance Trust Fund. Operation and maintenance For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $2,905,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from the special account for the Corps of Engineers established by the Land and Water Conservation Fund Act of 1965 shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; and of which such sums as become available from fees collected under section 217 of Public Law 104–303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected: Provided , That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities. Regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $200,000,000, to remain available until September 30, 2016. Formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $100,000,000, to remain available until expended. Flood control and coastal emergencies For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $28,000,000, to remain available until expended. Expenses For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $178,000,000, to remain available until September 30, 2016, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided , That no part of any other appropriation provided in this title shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided further , That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster. Office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 3016(b)(3) , $2,000,000, to remain available until September 30, 2016. General provisions—corps of engineers—civil (including transfer of funds) 101. (a) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; (4) reduces funds that are directed to be used for a specific program, project, or activity by this Act; (5) increases funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less; or (6) reduces funds for any program, project, or activity by more than $2,000,000 or 10 percent, whichever is less. (b) Subsection (a)(1) shall not apply to any project or activity authorized under section 205 of the Flood Control Act of 1948, section 14 of the Flood Control Act of 1946, section 208 of the Flood Control Act of 1954, section 107 of the River and Harbor Act of 1960, section 103 of the River and Harbor Act of 1962, section 111 of the River and Harbor Act of 1968, section 1135 of the Water Resources Development Act of 1986, section 206 of the Water Resources Development Act of 1996, or section 204 of the Water Resources Development Act of 1992. (c) The Corps of Engineers shall submit reports on a quarterly basis to the Committees on Appropriations of the House of Representatives and the Senate detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. 102. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. 103. None of the funds in this Act, or previous Acts, making funds available for Energy and Water Development, shall be used to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund unless or until such time that a long-term mechanism to enhance revenues in this Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986 ( Public Law 99–662 ) is enacted. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $4,700,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects. 105. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations in effect on October 1, 2012, pertaining to the definitions of the terms fill material or discharge of fill material for the purposes of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). 106. None of the funds made available in this or any other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), including the provisions of the rules dated November 13, 1986, and August 25, 1993, relating to such jurisdiction, and the guidance documents dated January 15, 2003, and December 2, 2008, relating to such jurisdiction. 107. As of the date of enactment of this Act and each fiscal year thereafter, the Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if— (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the water resources development project is located. II Department of the interior Central utah project Central utah project completion account For carrying out activities authorized by the Central Utah Project Completion Act, $9,874,000, to remain available until expended, of which $1,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided , That of the amount provided under this heading, $1,300,000 shall be available until September 30, 2016, for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior: Provided further , That for fiscal year 2015, of the amount made available to the Commission under this Act or any other Act, the Commission may use an amount not to exceed $1,500,000 for administrative expenses. Bureau of reclamation The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: Water and related resources (including transfers of funds) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian tribes, and others, $856,351,000, to remain available until expended, of which $25,000 shall be available for transfer to the Upper Colorado River Basin Fund and $6,840,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided , That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further , That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 6806 shall be derived from that Fund or account: Provided further , That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which the funds were contributed: Provided further , That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further , That of the amounts provided herein, funds may be used for high-priority projects which shall be carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706. Central valley project restoration fund For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, $56,995,000, to be derived from such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575 , to remain available until expended: Provided , That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102–575 : Provided further , That none of the funds made available under this heading may be used for the acquisition or leasing of water for in-stream purposes if the water is already committed to in-stream purposes by a court adopted decree or order. California bay-delta restoration (including transfers of funds) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $37,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided , That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further , That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving the goals and objectives of the Program. Policy and administration For necessary expenses of policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation, to remain available until September 30, 2016, $53,849,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided , That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. Bureau of reclamation loan program account (including rescission of funds) Of the unobligated balances available under this heading, $500,000 is hereby permanently rescinded. Administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed five passenger motor vehicles, which are for replacement only. General provisions—department of the interior 201. (a) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; (5) transfers funds in excess of the following limits: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $300,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category; or (7) transfers, when necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term transfer means any movement of funds into or out of a program, project, or activity. (d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of Representatives and the Senate detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the Cleanup Program—Alternative Repayment Plan and the SJVDP—Alternative Repayment Plan described in the report entitled Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995 , prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. III Department of energy Energy programs Energy efficiency and renewable energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,789,000,000, to remain available until expended: Provided , That of such amount, $150,000,000 shall be available until September 30, 2016, for program direction. Electricity delivery and energy reliability For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $160,000,000, to remain available until expended: Provided , That of such amount, $27,500,000 shall be available until September 30, 2016, for program direction. Nuclear energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $899,000,000, to remain available until expended: Provided , That of such amount, $73,000,000 shall be available until September 30, 2016, for program direction including official reception and representation expenses not to exceed $10,000. Fossil energy research and development For necessary expenses in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs ( 30 U.S.C. 3 , 1602, and 1603), $593,000,000, to remain available until expended: Provided , That of such amount, $120,000,000 shall be available until September 30, 2016, for program direction. Naval petroleum and oil shale reserves For expenses necessary to carry out naval petroleum and oil shale reserve activities, $19,950,000, to remain available until expended: Provided , That, notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. Elk hills school lands fund For necessary expenses in fulfilling the final payment under the Settlement Agreement entered into by the United States and the State of California on October 11, 1996, as authorized by section 3415 of Public Law 104–106 (10 U.S.C. 7420 Note), $15,579,815, for payment to the State of California for the Teachers' Retirement Fund of the State, of which $15,579,815 shall be derived from the Elk Hills School Lands Fund. Strategic petroleum reserve For necessary expenses for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ), $205,000,000, to remain available until expended. Northeast home heating oil reserve (Including rescission of funds) For necessary expenses for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ), $7,600,000, to remain available until expended: Provided , That of the unobligated balances from prior year appropriations available under this heading, $6,000,000 is hereby permanently rescinded: Provided further , That no amounts may be rescinded 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. Energy information administration For necessary expenses in carrying out the activities of the Energy Information Administration, $120,000,000, to remain available until expended. Non-defense environmental cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $241,174,000, to remain available until expended. Uranium enrichment decontamination and decommissioning fund For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $585,976,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 17 passenger motor vehicles for replacement only, including two buses, $5,071,000,000, to remain available until expended: Provided , That of such amount, $180,000,000 shall be available until September 30, 2016, for program direction: Provided further , That no funding may be made available for U.S. cash contributions to the International Thermonuclear Experimental Reactor project until its governing Council implements the recommendations of the Third Biennial International Organization Management Assessment Report: Provided further , That the Secretary of Energy may waive this requirement upon submission to the Committees on Appropriations of the House of Representatives and the Senate a determination that the Council is making satisfactory progress towards implementation of such recommendations. Nuclear waste disposal For nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982 ( Public Law 97–425 ), including the acquisition of real property or facility construction or expansion, $150,000,000, to remain available until expended, and to be derived from the Nuclear Waste Fund. Advanced research projects agency—energy For necessary expenses in carrying out the activities authorized by section 5012 of the America COMPETES Act ( 42 U.S.C. 16538 ), $280,000,000, to remain available until expended: Provided , That of such amount, $28,000,000 shall be available until September 30, 2016, for program direction. Title 17 innovative technology loan guarantee program Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16512(b) ) under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided , That, for necessary administrative expenses to carry out this Loan Guarantee program, $42,000,000 is appropriated, to remain available until September 30, 2016: Provided further , That $25,000,000 of the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall remain available until expended, so as to result in a final fiscal year 2015 appropriation from the general fund estimated at not more than $17,000,000: Provided further , That fees collected under section 1702(h) in excess of the amount appropriated for administrative expenses shall not be available until appropriated: Provided further , That the Department of Energy shall not subordinate any loan obligation to other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to any loan or other debt obligations in violation of section 609.10 of title 10, Code of Federal Regulations. Advanced technology vehicles manufacturing loan program For administrative expenses in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $4,000,000, to remain available until September 30, 2016. Clean coal technology (Including rescission of funds) Of the unobligated balances from prior year appropriations under this heading, $6,600,000 is hereby permanently rescinded: Provided , That no amounts may be rescinded 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, as amended. Departmental administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), $255,171,000, to remain available until September 30, 2016, including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act ( 31 U.S.C. 1511 et seq. ): Provided , That such increases in cost of work are offset by revenue increases of the same or greater amount: Provided further , That moneys received by the Department for miscellaneous revenues estimated to total $119,171,000 in fiscal year 2015 may be retained and used for operating expenses within this account, as authorized by section 201 of Public Law 95–238 , notwithstanding the provisions of 31 U.S.C. 3302: Provided further , That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2015 appropriation from the general fund estimated at not more than $136,000,000. Office of the inspector general For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $42,120,000, to remain available until September 30, 2016. Atomic energy defense activities National nuclear security administration Weapons activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed 4 passenger vehicles, $8,204,209,000, to remain available until expended: Provided , That of such amount, $97,118,000 shall be available until September 30, 2016, for program direction. Defense nuclear nonproliferation (Including rescission of funds) For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,592,156,000, to remain available until expended: Provided , That funds provided by this Act for Project 99–D–143, Mixed Oxide Fuel Fabrication Facility, and by prior Acts that remain unobligated for such Project, may be made available only for construction and program support activities for such Project: Provided further , That of the unobligated balances from prior year appropriations available under this heading, $37,000,000 is hereby permanently rescinded: Provided further , That no amounts may be rescinded 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. Naval reactors For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $1,215,342,000, to remain available until expended: Provided , That of such amount, $41,500,000 shall be available until September 30, 2016, for program direction. Office of the administrator For necessary expenses of the Office of the Administrator in the National Nuclear Security Administration, $386,863,000, to remain available until September 30, 2016, including official reception and representation expenses not to exceed $12,000. Environmental and other defense activities Defense environmental cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed one sport utility vehicle, one heavy duty truck, two ambulances, and one ladder fire truck for replacement only, $4,801,280,000, to remain available until expended: Provided , That of such amount, $280,784,000 shall be available until September 30, 2016, for program direction. Other defense activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $754,000,000, to remain available until expended: Provided , That of such amount, $249,378,000 shall be available until September 30, 2016, for program direction. Power marketing administrations Bonneville power administration fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454 , are approved for the Black Canyon Trout Hatchery and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided , That during fiscal year 2015, no new direct loan obligations may be made. Operation and maintenance, southeastern power administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), as applied to the southeastern power area, and including official reception and representation expenses in an amount not to exceed $1,500, $7,220,000, to remain available until expended: Provided , That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to $7,220,000 collected by the Southeastern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the Southeastern Power Administration: Provided further , That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2015 appropriation estimated at not more than $0: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $73,579,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further , That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Operation and maintenance, southwestern power administration For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), as applied to the Southwestern Power Administration, $46,240,000, to remain available until expended: Provided , That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), up to $34,840,000 collected by the Southwestern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided further , That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2015 appropriation estimated at not more than $11,400,000: Provided further , That, notwithstanding 31 U.S.C. 3302 , up to $53,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further , That, for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Construction, rehabilitation, operation and maintenance, western area power administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 ( 42 U.S.C. 7152 ), and other related activities including conservation and renewable resources programs as authorized, including official reception and representation expenses in an amount not to exceed $1,500, $304,402,000, to remain available until expended, of which $296,321,000 shall be derived from the Department of the Interior Reclamation Fund: Provided , That notwithstanding 31 U.S.C. 3302 , section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), and section 1 of the Interior Department Appropriation Act, 1939 ( 43 U.S.C. 392a ), up to $211,030,000 collected by the Western Area Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Western Area Power Administration: Provided further , That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2015 appropriation estimated at not more than $93,372,000, of which $85,291,000 is derived from the Reclamation Fund: Provided further , That , notwithstanding 31 U.S.C. 3302 , up to $260,510,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further , That , for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Falcon and amistad operating and maintenance fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $4,727,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided , That notwithstanding the provisions of that Act and of 31 U.S.C. 3302 , up to $4,499,000 collected by the Western Area Power Administration from the sale of power and related services from the Falcon and Amistad Dams shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration activities: Provided further , That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2015 appropriation estimated at not more than $228,000: Provided further , That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred: Provided further , That for fiscal year 2015, the Administrator of the Western Area Power Administration may accept up to $802,000 in funds contributed by United States power customers of the Falcon and Amistad Dams for deposit into the Falcon and Amistad Operating and Maintenance Fund, and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further , That any such funds shall be available without further appropriation and without fiscal year limitation for use by the Commissioner of the United States Section of the International Boundary and Water Commission for the sole purpose of operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at these Dams in accordance with agreements reached between the Administrator, Commissioner, and the power customers. Federal energy regulatory commission Salaries and expenses For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including services as authorized by 5 U.S.C. 3109 , the hire of passenger motor vehicles, and official reception and representation expenses not to exceed $3,000, $304,389,000, to remain available until expended: Provided , That of the amount appropriated herein, not more than $5,400,000 may be made available for salaries, travel, and other support costs for the offices of the Commissioners: Provided further , That notwithstanding any other provision of law, not to exceed $304,389,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2015 shall be retained and used for necessary expenses in this account, and shall remain available until expended: Provided further , That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2015 so as to result in a final fiscal year 2015 appropriation from the general fund estimated at not more than $0. General provisions—department of energy (including transfer and rescissions of funds) 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b) (1) Unless the Secretary of Energy notifies the Committees on Appropriations of the House of Representatives and the Senate at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B). (2) The Secretary of Energy shall submit to the Committees on Appropriations of the House of Representatives and the Senate within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading Department of Energy—Energy Programs , enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless— (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of the House of Representatives and the Senate at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the Bill column in the Department of Energy table included under the heading Title III—Department of Energy in the report of the Committee on Appropriations accompanying this Act. (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days prior to the use of any proposed reprogramming which would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g) (1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. 302. The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. 303. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2015 until the enactment of the Intelligence Authorization Act for fiscal year 2015. 304. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 305. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. 306. (a) Any determination (including a determination made prior to the date of enactment of this Act) by the Secretary pursuant to section 3112(d)(2)(B) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2)(B) ), as amended, shall be valid for not more than 2 calendar years subsequent to such determination. (b) Not less than 30 days prior to the provision of uranium in any form the Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate of— (1) the amount of uranium to be provided; (2) an estimate by the Secretary of the gross fair market value of the uranium on the expected date of the provision of the uranium; (3) the expected date of the provision of the uranium; (4) the recipient of the uranium; and (5) the value the Secretary expects to receive in exchange for the uranium, including any adjustments to the gross fair market value of the uranium. (c) If on the expected date of provision, the estimated gross fair market value of the uranium hexafluoride (UF6), comprising of uranium and conversion, is more than 10 percent lower than the gross fair market value on the date the most recent determination was signed by the Secretary, the Secretary shall issue a new determination pursuant to section 3112(d)(2)(B) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2)(B) ) before the provision can be processed. 307. Notwithstanding section 301(c) of this Act, none of the funds made available under the heading Department of Energy—Energy Programs—Science may be used for a multiyear contract, grant, cooperative agreement, or Other Transaction Agreement of $1,000,000 or less unless the contract, grant, cooperative agreement, or Other Transaction Agreement is funded for the full period of performance as anticipated at the time of award. 308. In fiscal year 2015 and subsequent fiscal years, the Secretary of Energy shall submit to the congressional defense committees (as defined in U.S.C. 101(a)(16)) a report, on each major warhead refurbishment program that reaches the Phase 6.3 milestone, that provides an analysis of alternatives. Such report shall include— (1) a full description of alternatives considered prior to the award of Phase 6.3; (2) a comparison of the costs and benefits of each of those alternatives, to include an analysis of trade-offs among cost, schedule, and performance objectives against each alternative considered; (3) identification of the cost and risk of critical technology elements associated with each alternative, including technology maturity, integration risk, manufacturing feasibility, and demonstration needs; (4) identification of the cost and risk of additional capital asset and infrastructure capabilities required to support production and certification of each alternative; (5) a comparative analysis of the risks, costs, and scheduling needs for any military requirement intended to enhance warhead safety, security, or maintainability, including any requirement to consolidate and/or integrate warhead systems or mods as compared to at least one other feasible refurbishment alternative the Nuclear Weapons Council considers appropriate; and (6) a life-cycle cost estimate for the alternative selected that details the overall cost, scope, and schedule planning assumptions. 309. (a) Unobligated balances available from prior year appropriations are hereby permanently rescinded from the following accounts of the Department of Energy in the specified amounts: (1) “Energy Programs—Energy Efficiency and Renewable Energy”, $18,111,000. (2) “Energy Programs—Electricity Delivery and Energy Reliability”, $4,809,000. (3) “Energy Programs—Nuclear Energy”, $1,046,000. (4) “Energy Programs—Fossil Energy Research and Development”, $8,243,000. (5) “Energy Programs—Science”, $5,257,000. (6) “Energy Programs—Advanced Research Projects Agency—Energy”, $619,000. (7) “Power Marketing Administrations—Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration”, $1,720,000. (b) No amounts may be rescinded by this section 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. 310. From funds made available by this Act for pension plan payments in excess of legal requirements, up to $90,000,000 under “Weapons Activities” and up to $30,000,000 under “Defense Nuclear Nonproliferation” may be transferred to “Defense Environmental Cleanup” to support decontamination and other requirements at the Waste Isolation Pilot Plant. 311. (a) None of the funds made available in this or any prior Act under the heading “Defense Nuclear Nonproliferation” may be made available for contracts with, or Federal assistance to, the Russian Federation. (b) The Secretary of Energy may waive the prohibition in subsection (a) if the Secretary determines that such activity is in the national security interests of the United States. This waiver authority may not be delegated. (c) A waiver under subsection (b) shall not be effective until 30 days after the date on which the Secretary submits to the Committees on Appropriations of the House of Representatives and the Senate, in classified form if necessary, a report on the justification for the waiver. 312. All balances under “United States Enrichment Corporation Fund” are hereby permanently rescinded. No amounts may be rescinded 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. 313. (a) None of the funds made available by this or any other Act making appropriations for Energy and Water Development for any fiscal year or funds available in the SPR Petroleum Account in this and subsequent fiscal years may be used to carry out a test drawdown and sale or exchange of petroleum products from the Strategic Petroleum Reserve as authorized by section 161(g) of the Energy Policy and Conservation Act ( 42 U.S.C. 6241(g) ) unless the Secretary of Energy submits to the Committees on Appropriations of the House of Representatives and the Senate not less than 30 full calendar days in advance of such test— (1) notification of intent to conduct a test; (2) an explanation of why such a test is necessary or what is expected to be learned; (3) the amount of crude oil or refined petroleum product to be offered for sale or exchange; (4) an estimate of revenues expected from such test; and (5) a plan for refilling the Reserve, including whether the acquisition will be of the same or of a different petroleum product. (b) None of the funds made available by this or any prior Act or funds available in the SPR Petroleum Account may be used to acquire any petroleum product other than crude oil. 314. Of the funds authorized by the Secretary of Energy for laboratory directed research and development, no individual program, project, or activity funded by this or any subsequent Energy and Water Development appropriations Act for any fiscal year may be charged more than the statutory maximum authorized for such activities. 315. None of the funds made available by this Act may be used by the Department of Energy to finalize, implement, or enforce the proposed rule entitled Standards Ceiling Fans and Ceiling Fan Light Kits and identified by regulation identification number 1904–AC87. IV Independent agencies Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 14704 , and for necessary expenses for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109 , and hire of passenger motor vehicles, $80,317,000, to remain available until expended. Defense nuclear facilities safety board Salaries and expenses For necessary expenses of the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100–456 , section 1441, $29,150,000, to remain available until September 30, 2016. Delta regional authority Salaries and expenses For necessary expenses of the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N of said Act, $12,000,000, to remain available until expended. Denali commission For expenses of the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $10,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided , That funds shall be available for construction projects in an amount not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277 ), as amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50 percent for non-distressed communities. Northern border regional commission For necessary expenses of the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $3,000,000, to remain available until expended: Provided , That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code. Southeast crescent regional commission For necessary expenses of the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $250,000, to remain available until expended. Nuclear regulatory commission Salaries and expenses For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, including official representation expenses not to exceed $25,000, $1,052,433,000, to remain available until expended, of which $55,000,000 shall be derived from the Nuclear Waste Fund: Provided , That of the amount appropriated herein, not more than $9,500,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2016, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(2)(c) ), the use and expenditure shall only be approved by a majority vote of the Commission: Provided further , That revenues from licensing fees, inspection services, and other services and collections estimated at $880,155,000 in fiscal year 2015 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302 , and shall remain available until expended: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2015 so as to result in a final fiscal year 2015 appropriation estimated at not more than $172,278,000: Provided further , That of the amounts appropriated under this heading, $10,000,000 shall be for university research and development in areas relevant to their respective organization's mission, and $5,000,000 shall be for a Nuclear Science and Engineering Grant Program that will support multiyear projects that do not align with programmatic missions but are critical to maintaining the discipline of nuclear science and engineering. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $12,071,000, to remain available until September 30, 2016: Provided , That revenues from licensing fees, inspection services, and other services and collections estimated at $10,099,000 in fiscal year 2015 shall be retained and be available until September 30, 2016, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further , That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2015 so as to result in a final fiscal year 2015 appropriation estimated at not more than $1,972,000: Provided further , That, of the amounts appropriated under this heading, $850,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board, which shall not be available from fee revenues. Nuclear waste technical review board Salaries and expenses For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by Public Law 100–203 , section 5051, $3,400,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2016. General provisions—independent agencies 401. The Chairman of the Nuclear Regulatory Commission shall notify the other members of the Commission, the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate, not later than 1 day after the Chairman begins performing functions under the authority of section 3 of Reorganization Plan No. 1 of 1980, or after a member of the Commission who is delegated emergency functions under subsection (b) of that section begins performing those functions. Such notification shall include an explanation of the circumstances warranting the exercise of such authority. The Chairman shall report to the Committees, not less frequently than once each week, on the actions taken by the Chairman, or a delegated member of the Commission, under such authority, until the authority is relinquished. The Chairman shall notify the Committees not later than 1 day after such authority is relinquished. The Chairman shall submit the report required by section 3(d) of the Reorganization Plan No. 1 of 1980 to the Committees not later than 1 day after it was submitted to the Commission. This section shall be in effect in fiscal year 2015 and each subsequent fiscal year. 402. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information until those Procedures are changed or waived by a majority of the Commission, in accordance with Commission practice. V General provisions (Including transfers of funds) 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. 502. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 503. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 504. (a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report of the Committee on Appropriations accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report of the Committee on Appropriations accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of the House of Representatives and the Senate a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. 505. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 ( Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations ). 506. None of the funds made available by this Act may be used to conduct closure of adjudicatory functions, technical review, or support activities associated with the Yucca Mountain geologic repository license application, or for actions that irrevocably remove the possibility that Yucca Mountain may be a repository option in the future. Spending reduction account 507. 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 Energy and Water Development and Related Agencies Appropriations Act, 2015 .
June 20, 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-113hr4923rh/xml/BILLS-113hr4923rh.xml
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113-hr-4924
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I 113th CONGRESS 2d Session H. R. 4924 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Gosar (for himself, Mr. Barber , Mr. Franks of Arizona , Mr. Grijalva , Mrs. Kirkpatrick , Mr. Salmon , Mr. Schweikert , Ms. Sinema , and Mr. Pastor of Arizona ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, to provide for the lease of certain land located within Planet Ranch on the Bill Williams River in the State of Arizona to benefit the Lower Colorado River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed in the State of Arizona.
1. Short title This Act may be cited as the Bill Williams River Water Rights Settlement Act of 2014 . 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of certain claims among certain parties to water rights in the Bill Williams River watershed in the State of Arizona for— (A) the Hualapai Tribe (acting on behalf of the Tribe and members of the Tribe); and (B) the Department of the Interior, including, and acting on behalf of, the constituent bureaus of the Department and, as specified, the United States as trustee for the Hualapai Tribe, the members of the Tribe, and the allottees; (2) to approve, ratify, and confirm— (A) the Big Sandy River-Planet Ranch Water Rights Settlement Agreement entered into among the Hualapai Tribe, the United States as trustee for the Tribe, the members of the Tribe and allottees, the Secretary of the Interior, the Arizona department of water resources, and others, to the extent the Big Sandy River-Planet Ranch Agreement is consistent with this Act; and (B) the Hualapai Tribe Big Sandy River-Planet Ranch Water Rights Settlement Agreement entered into among the Tribe, the United States, and the Freeport Minerals Corporation, to the extent the Hualapai Tribe Agreement is consistent with this Act; (3) to authorize and direct the Secretary— (A) to execute the duties and obligations of the Secretary under the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, and this Act; (B) (i) to remove objections to the applications for the severance and transfer of certain water rights, in partial consideration of the agreement of the parties to impose certain limits on the extent of the use and transferability of the severed and transferred water right and other water rights; and (ii) to provide confirmation of those water rights; and (C) to carry out any other activity necessary to implement the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement in accordance with this Act; (4) to advance the purposes of the Lower Colorado River Multi-Species Conservation Program; (5) to secure a long-term lease for a portion of Planet Ranch, along with appurtenant water rights primarily along the Bill Williams River corridor, for use in the Conservation Program; (6) to bring the leased portion of Planet Ranch into public ownership for the long-term benefit of the Conservation Program; and (7) to secure from the Freeport Minerals Corporation non-Federal contributions— (A) to support a tribal water supply study necessary for the advancement of a settlement of the claims of the Tribe for rights to Colorado River water; and (B) to enable the Tribe to secure Colorado River water rights and appurtenant land, increase security of the water rights of the Tribe, and facilitate a settlement of the claims of the Tribe for rights to Colorado River water. 3. Definitions In this Act: (1) ADWR The term ADWR means the Arizona department of water resources, established pursuant to title 45 of the Arizona Revised Statutes (or a successor agency or entity). (2) Allotment The term allotment means any allotment that— (A) was originally allotted to an individual Indian in the allotting document; (B) is located on land outside the boundaries of an Indian reservation within Mohave County, Arizona; and (C) as of the enforceability date, is held in trust by the United States for the benefit of an allottee. (3) Allottee The term allottee means any individual who holds a beneficial real property interest in an allotment. (4) Arizona Game and Fish Commission The term Arizona Game and Fish Commission means the entity established pursuant to title 17 of the Arizona Revised Statutes to control the Arizona game and fish department (or a successor agency or entity). (5) Bagdad Mine Complex and Bagdad Townsite The term Bagdad Mine Complex and Bagdad Townsite means the geographical area depicted on the map attached as exhibit 2.9 to the Big Sandy River-Planet Ranch Agreement. (6) Big Sandy River-Planet Ranch Agreement (A) In general The term Big Sandy River-Planet Ranch Agreement means the Big Sandy River-Planet Ranch Water Rights Settlement Agreement dated ______, 2014 and entered into among— (i) the Tribe; (ii) Department, including, and acting on behalf of, the constituent bureaus of the Department and, as specified, the United States as trustee for the Hualapai Tribe, the members of the Tribe, and the allottees; (iii) the Arizona Game and Fish Commission; (iv) ADWR; and (v) the Corporation. (B) Inclusions The term Big Sandy River-Planet Ranch Agreement includes— (i) all exhibits to the agreement referred to in subparagraph (A); (ii) any amendments necessary to make the agreement consistent with this Act; and (iii) any other amendment approved by the parties to the agreement that are affected by the amendment (including the Secretary, acting on behalf of the United States). (7) Bill Williams River watershed The term Bill Williams River watershed means the watershed drained by the Bill Williams River and the tributaries of that river, including the Big Sandy and Santa Maria Rivers. (8) Conservation Program The term Conservation Program has the meaning given the term Lower Colorado River Multi-Species Conservation Program in section 9401 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1327). (9) Corporation (A) In general The term Corporation means the Freeport Minerals Corporation, incorporated in the State of Delaware. (B) Inclusions The term Corporation includes all subsidiaries, affiliates, successors, and assigns of the Freeport Minerals Corporation (such as Byner Cattle Company, incorporated in the State of Nevada). (10) Department The term Department means the Department of the Interior. (11) Enforceability date The term enforceability date means the applicable date described in section 9. (12) Freeport Groundwater Wells (A) In general The term Freeport Groundwater Wells means the 5 wells identified by ADWR well registration numbers— (i) 55–592824; (ii) 55–595808; (iii) 55–595810; (iv) 55–200964; and (v) 55–908273. (B) Inclusions The term Freeport Groundwater Wells includes any replacement of a well referred to in subparagraph (A) drilled by or for the Corporation to supply water to the Bagdad Mine Complex and Bagdad Townsite. (C) Exclusions The term Freeport Groundwater Wells does not include any other well owned by the Corporation at any other location. (13) Hualapai Tribe Agreement (A) In general The term Hualapai Tribe Agreement means the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement dated ______, 2014 entered into among— (i) the Tribe; (ii) the United States, as trustee for the Tribe, the members of the Tribe, and the allottees; and (iii) the Corporation. (B) Inclusions The term Hualapai Tribe Agreement includes— (i) all exhibits to the agreement referred to in subparagraph (A); (ii) any amendments necessary to make the agreement consistent with this Act; and (iii) any other amendments approved by— (I) each party to the agreement that is affected by the amendment; and (II) the Secretary. (14) Hualapai Tribe Water Rights Settlement Agreement The term Hualapai Tribe Water Rights Settlement Agreement means the settlement agreement in the process of negotiation as of the date of enactment of this Act among the Tribe, the United States, the State of Arizona, the Central Arizona Water Conservation District, the Salt River Agricultural Improvement and Power District and Salt River Valley Water Users Association, and the Corporation to resolve the claims of the Tribe for rights to Colorado River water and Verde River water. (15) Injury The term injury , with respect to a water right, means any interference with, diminution of, or deprivation of the water right under Federal, State, or other law. (16) Lincoln Ranch The term Lincoln Ranch means the property owned by the Corporation described in the special warranty deed recorded on December 4, 1995, at Book 1995 and Page 05874 in the official records of La Paz County, Arizona. (17) Parcel 1 The term Parcel 1 means the parcel of land that— (A) is depicted as 3 contiguous allotments identified as 1A, 1B, and 1C on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10; and (B) is held in trust for certain allottees. (18) Parcel 2 The term Parcel 2 means the parcel of land that— (A) is depicted on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10; and (B) is held in trust for certain allottees. (19) Parcel 3 The term Parcel 3 means the parcel of land that— (A) is depicted on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10; (B) is held in trust for the Tribe; and (C) is part of the Hualapai Reservation pursuant to Executive Order 1368 of June 2, 1911. (20) Party The term party means an individual or entity that is a signatory to— (A) the Big Sandy River-Planet Ranch Agreement; (B) the Hualapai Tribe Agreement; or (C) an exhibit to the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement. (21) Planet Ranch The term Planet Ranch means the property owned by the Corporation described— (A) in the special warranty deed recorded on December 14, 2011, at Book 2011 and Page 05267 in the official records of La Paz County, Arizona; and (B) as Instrument No. 2011–062804 in the official records of Mohave County, Arizona. (22) Secretary The term Secretary means the Secretary of the Interior. (23) Sever and transfer applications The term sever and transfer applications means the applications filed or amended by the Corporation and pending on the date of enactment of this Act to sever and transfer certain water rights— (A) from Lincoln Ranch and from Planet Ranch to the Wikieup Wellfield for use at the Bagdad Mine Complex and Bagdad Townsite; and (B) from portions of Planet Ranch (as determined on the date on which the applications were filed or amended) to new locations within Planet Ranch. (24) Tribe The term Tribe means the Hualapai Tribe, organized under section 16 of the Act of June 18, 1934 ( 25 U.S.C. 476 ) (commonly known as the Indian Reorganization Act ), and recognized by the Secretary. (25) Water right The term water right means— (A) any right in or to groundwater, surface water, or effluent under Federal, State, or other law; and (B) for purposes of subsections (d) and (e) of section 5, any right to Colorado River water. (26) Wikieup Wellfield The term Wikieup Wellfield means the geographical area depicted on the map attached as exhibit 2.10 to the Big Sandy River-Planet Ranch Agreement. 4. Big Sandy River-Planet Ranch Agreement (a) In general Except to the extent that any provision of, or amendment to, the Big Sandy River-Planet Ranch Agreement conflicts with this Act— (1) the Big Sandy River-Planet Ranch Agreement is authorized, ratified, and confirmed; and (2) any amendment to the Big Sandy River-Planet Ranch Agreement executed to make the Big Sandy River-Planet Ranch Agreement consistent with this Act is authorized, ratified, and confirmed. (b) Execution To the extent that the Big Sandy River-Planet Ranch Agreement does not conflict with this Act, and in support of the purposes of this Act, the Secretary shall execute— (1) the Big Sandy River-Planet Ranch Agreement (including all exhibits to the Big Sandy River-Planet Ranch Agreement requiring the signature of the Secretary); (2) any amendment to the Big Sandy River-Planet Ranch Agreement (including any amendment to an exhibit of the Big Sandy River-Planet Ranch Agreement requiring the signature of the Secretary) that is necessary to make the Big Sandy River-Planet Ranch Agreement consistent with this Act; and (3) a conditional withdrawal of each objection filed by the Bureau of Indian Affairs, the Bureau of Land Management, and the United States Fish and Wildlife Service to the sever and transfer applications in the form set forth in exhibit 4.2.1(ii)(b) to the Big Sandy River-Planet Ranch Agreement. (c) Discretion of Secretary The Secretary may execute any other amendment to the Big Sandy River-Planet Ranch Agreement (including any amendment to an exhibit to the Big Sandy River-Planet Ranch Agreement requiring the signature of the Secretary) that is not inconsistent with this Act, if the amendment does not require approval by Congress. (d) Prohibition The Secretary shall not file an objection to any amendment to the sever and transfer applications or any new sever or transfer application filed by the Corporation to accomplish the sever and transfer of 10,055 acre-feet per year of water rights from Planet Ranch and Lincoln Ranch to the Wikieup Wellfield, subject to the condition that the form of such an amendment or new application shall be substantially similar to a form attached to the Big Sandy River-Planet Ranch Agreement as exhibit 4.2.1(ii)(a)(1) or 4.2.1(ii)(a)(2). 5. Hualapai Tribe Agreement (a) In general Except to the extent that any provision of, or amendment to, the Hualapai Tribe Agreement conflicts with this Act— (1) the Hualapai Tribe Agreement is authorized, ratified, and confirmed; and (2) any amendment to the Hualapai Tribe Agreement executed to make the Hualapai Tribe Agreement consistent with this Act is authorized, ratified, and confirmed. (b) Execution To the extent that the Hualapai Tribe Agreement does not conflict with this Act, and in support of the purposes of this Act, the Secretary shall execute— (1) the Hualapai Tribe Agreement (including all exhibits to the Hualapai Tribe Agreement requiring the signature of the Secretary); and (2) any amendment to the Hualapai Tribe Agreement (including any amendment to an exhibit of the Hualapai Tribe Agreement requiring the signature of the Secretary) that is necessary to make the Hualapai Tribe Agreement consistent with this Act. (c) Discretion of Secretary The Secretary may execute any other amendment to the Hualapai Tribe Agreement (including any amendment to an exhibit to the Hualapai Tribe Agreement requiring the signature of the Secretary) that is not inconsistent with this Act, if the amendment does not require approval by Congress. (d) Contribution of Corporation to economic development fund (1) In general The contribution of the Corporation to the economic development fund of the Tribe, as provided in section 8.1 of the Hualapai Tribe Agreement— (A) may be used by the Tribe for the limited purpose of enabling the Tribe— (i) to acquire Colorado River water rights with the intent to increase the security of the water rights of the Tribe; and (ii) to otherwise facilitate the use of water on the Hualapai Reservation; and (B) shall be considered to be a non-Federal contribution that counts toward any non-Federal contribution associated with a settlement of the claims of the Tribe for rights to Colorado River water. (2) Limitation on transfer of water rights The Colorado River water rights acquired by the Tribe may be used off the Hualapai Reservation only for irrigation of acquired appurtenant land, or for storage in accordance with Federal and State law in a permitted recharge facility in the State of Arizona, subject to the conditions that— (A) the Tribe shall not seek to transfer or sell accumulated long-term storage credits generated from the storage of the acquired Colorado River water rights; and (B) the Tribe shall not seek approval to change the place of use of the acquired Colorado River water rights, except for the purposes of storing the water in accordance with subparagraph (A). (3) Expiration The authority provided under paragraph (2) expires on the earlier of— (A) the date on which the Hualapai Tribe Water Rights Settlement Agreement becomes enforceable; and (B) December 31, 2039. (4) Colorado river water rights counted against claims of Tribe (A) In general If the Hualapai Tribe Water Rights Settlement Agreement does not become enforceable by December 31, 2039, any Colorado River water rights acquired by the Tribe with the contribution of the Corporation to the economic development fund of the Tribe shall be counted, on an acre-foot per acre-foot basis, toward the claims of the Tribe for rights to Colorado River water in any subsequent settlement or adjudication of those claims. (B) Effect of paragraph Nothing in this paragraph restricts any claim for rights of the Tribe to Colorado River water in any subsequent settlement or adjudication. (e) Future limitations on land taken into trust As provided in section 10.11 of the Hualapai Tribe Agreement, the parties to the Hualapai Tribe Agreement shall negotiate in good faith with other parties the terms under which any land within the State of Arizona held or acquired in fee by the Tribe may be taken into trust by the United States for the benefit of the Tribe, with any applicable terms to be incorporated into a future agreement settling the claims of the Tribe for rights to Colorado River water, and the Federal law approving the agreement, subject to approval by Congress. 6. Waivers, releases, and retention of claims (a) Claims by Department under Big Sandy River-Planet Ranch Agreement (1) In general Except as provided in paragraph (3), the Secretary is authorized to execute a waiver and release of all claims of the Department against the Corporation under Federal, State, or any other law for— (A) all past and present claims for injury to water rights resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells arising prior to the enforceability date; (B) all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells in a manner not in violation of the Big Sandy River-Planet Ranch Agreement; and (C) all past, present, and future claims arising out of, or relating in any manner to, the negotiation or execution of the Big Sandy River-Planet Ranch Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in exhibit 7.2(ii) to the Big Sandy River-Planet Ranch Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The Department shall retain all rights not expressly waived under paragraph (1), including the right— (A) to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement or this Act in any United States court or State court of competent jurisdiction; and (B) to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement or this Act. (b) Claims by Tribe and United States as trustee under Big Sandy River-Planet Ranch Agreement (1) In general Except as provided in paragraph (3), the Tribe and the United States, acting as trustee for the Tribe and members of the Tribe, are authorized to execute a waiver and release of all claims against the Corporation for— (A) any water rights of the Tribe or the United States as trustee for the Tribe and members of the Tribe with respect to Parcel 3 in excess of 300 acre-feet per year; (B) all past and present claims for injury to water rights arising before the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells; and (C) all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells in a manner not in violation of the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The Tribe and the United States, acting as trustee for the Tribe and members of the Tribe, shall retain all rights not expressly waived under paragraph (1), including the right— (A) to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement or this Act in any United States court or State court of competent jurisdiction; and (B) to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement or this Act. (c) Claims by United States as trustee for allottees under Big Sandy River-Planet Ranch Agreement (1) In general Except as provided in paragraph (3), the United States, acting as trustee for the allottees, is authorized to execute a waiver and release of all claims against the Corporation for— (A) any water rights of the allottees or the United States as trustee for the allottees with respect to— (i) Parcel 1 in excess of 82 acre-feet per year; or (ii) Parcel 2 in excess of 312 acre-feet per year; (B) all past and present claims for injury to water rights arising before the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells; and (C) all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells in a manner not in violation of the Big Sandy River-Planet Ranch Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The United States, acting as trustee for the allottees, shall retain all rights not expressly waived under paragraph (1), including the right— (A) to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement or this Act in any United States court or State court of competent jurisdiction; and (B) to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement or this Act. (d) Claims by Tribe and United States as trustee under Hualapai Tribe Agreement (1) In general Except as provided in paragraph (3), the Tribe and the United States, acting as trustee for the Tribe, members of the Tribe, and the allottees, as part of the performance of obligations under the Hualapai Tribe Agreement, are authorized to execute a waiver and release of all claims that the Tribe or the United States as trustee for the Tribe, members of the Tribe, or the allottees may have against the Corporation under Federal, State, or any other law, for— (A) all past and present claims for injury to water rights resulting from the diversion of water by the Corporation from the Bill Williams River watershed arising prior to the enforceability date; (B) all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the Corporation from the Bill Williams River watershed in a manner not in violation of the Hualapai Tribe Agreement; and (C) all past, present, and future claims arising out of, or relating in any manner to, the negotiation or execution of the Hualapai Tribe Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The Tribe and the United States, acting as trustee for the Tribe, the members of the Tribe, and the allottees, shall retain all rights not expressly waived under paragraph (1), including the right to assert— (A) subject to paragraph 10.5 of the Hualapai Tribe Agreement, a claim for breach of, or to seek enforcement of, the Hualapai Tribe Agreement or this Act in any United States court or State court of competent jurisdiction; (B) any claim for injury to, or to seek enforcement of, the rights of the Tribe under any applicable judgment or decree approving or incorporating the Hualapai Tribe Agreement; and (C) any past, present, or future claim to water rights that is not inconsistent with the Hualapai Tribe Agreement or this Act. (e) Claims by Tribe against United States under Big Sandy River-Planet Ranch Agreement and Hualapai Tribe Agreement (1) In general Except as provided in paragraph (3), the Tribe, on behalf of the Tribe and the members of the Tribe, is authorized to execute a waiver and release of all claims against the Department and the agents and employees of the Department for— (A) all past, present, and future claims relating to injury to water rights associated with Parcel 3 in excess of 300 acre-feet per year that the Department, acting as trustee for the Tribe, asserted or could have asserted against any party to the Hualapai Tribe Agreement, including the Corporation; (B) all past and present claims relating to injury to water rights arising before the enforceability date associated with Parcel 3, including any injury from withdrawal of a protest to the sever and transfer applications; (C) all claims relating to injury to water rights arising after the enforceability date associated with Parcel 3, except for injury to the water right for 300 acre-feet per year associated with Parcel 3; and (D) all past, present, and future claims relating to any potential injury arising out of, or relating in any manner to, the negotiation or execution of the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement. (2) Effective date The waivers and releases of claims under paragraph (1) shall— (A) be in the form set forth in, as applicable— (i) exhibit 7.6(ii) to the Big Sandy River-Planet Ranch Agreement; or (ii) exhibit 7.3(ii) to the Hualapai Tribe Agreement; and (B) take effect on the enforceability date. (3) Retention of rights The Tribe shall retain all rights not expressly waived under paragraph (1), including the right— (A) to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, or this Act in any United States court or State court of competent jurisdiction; and (B) to assert any past, present, or future claim to a water right that is not inconsistent with the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, or this Act. 7. Administration (a) Limited waiver of sovereign immunity (1) In general In the case of a civil action described in paragraph (2)— (A) the United States or the Tribe, or both, may be joined in a civil action commenced by any party to the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement; and (B) any claim by the United States or the Tribe to sovereign immunity from the civil action is waived for the sole purpose of resolving any issue regarding the interpretation or enforcement of, as applicable— (i) this Act; (ii) the Big Sandy River-Planet Ranch Agreement; or (iii) the Hualapai Tribe Agreement. (2) Description of civil action A civil action referred to in paragraph (1) is a civil action filed by any party in a United States court or State court that— (A) relates solely and directly to the interpretation or enforcement of this Act, the Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement; (B) does not seek any award against the United States or the Tribe for monetary damages, costs, or attorneys’ fees; and (C) names the United States or the Tribe as a party. (b) Antideficiency (1) In general Notwithstanding any authorization of appropriations to carry out this Act, the expenditure or advance of any funds, and the performance of any obligation by the Department in any capacity, pursuant to this Act shall be contingent on the appropriation of funds for that expenditure, advance, or performance. (2) Liability The Department shall not be liable for the failure to carry out any obligation or activity authorized by this Act if adequate appropriations are not provided to carry out this Act. (c) Public access Nothing in this Act prohibits reasonable public access to Planet Ranch or Lincoln Ranch in a manner that is consistent with all applicable Federal and State laws and any applicable conservation management plan implemented under the Conservation Program. 8. Environmental compliance (a) In general In implementing the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, and this Act, the Secretary shall comply with all applicable Federal environmental laws (including regulations), including— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (b) Execution of agreements The execution by the Secretary of the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement in accordance with this Act shall not constitute a major Federal action for purposes of section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). (c) United States enforcement authority Nothing in this Act, the Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement affects any right of the United States to take any action (including any environmental action) under any law (including regulations and common law) relating to human health, safety, or the environment. 9. Enforceability date (a) In general Except as provided in subsection (b), the enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) (A) to the extent that the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement conflict with this Act, the applicable agreement has been revised by amendment to eliminate the conflict; and (B) the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement have been executed by all parties to those agreements; (2) the Corporation has submitted to ADWR a conditional amendment of the sever and transfer applications for the Lincoln Ranch water right and amendments to the sever and transfer applications for Planet Ranch and Lincoln Ranch water rights consistent with section 4.2.1(ii)(a) of the Big Sandy River-Planet Ranch Agreement; (3) the Secretary and the Arizona Game and Fish Commission have executed and filed with ADWR a conditional withdrawal of each objection described in section 4(b)(3); (4) (A) ADWR has issued a conditional order approving the sever and transfer applications of the Corporation; and (B) all objections to the sever and transfer applications have been— (i) conditionally withdrawn; or (ii) resolved in a decision issued by ADWR that is final and nonappealable; (5) the Secretary has provided a notice to the parties to the Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement that the Department has completed the legally required environmental compliance described in section 8; (6) the steering committee for the Conservation Program has approved and authorized the manager of the Conservation Program to execute the lease in the form as set forth in exhibit 2.33 to the Big Sandy River-Planet Ranch Agreement; and (7) the waivers and releases authorized by section 6 have been executed by the Tribe and the Secretary. (b) Ratification and execution of agreements Notwithstanding subsection (a), for purposes of sections 4, 5, and 8, the Secretary shall carry out the requirements of this Act as promptly as practicable after the date of enactment of this Act. (c) Failure of enforceability date To occur If the Secretary does not publish a statement of findings under subsection (a) by December 15, 2015, or an extended date agreed to by the Tribe, the Secretary, and the Corporation, after providing reasonable notice to the State of Arizona— (1) this Act is repealed effective beginning on the later of— (A) December 31, 2015; and (B) the date that is 14 days after the extended date agreed to by the Tribe, the Secretary, and the Corporation, after providing reasonable notice to the State of Arizona; (2) any action taken by the Secretary to carry out this Act shall cease, and any agreement executed pursuant to this Act, shall be void; and (3) the Tribe, members of the Tribe, the allottees, and the United States, acting as trustee for the Tribe, members of the Tribe, and the allottees, shall retain the right to assert past, present, and future claims to water rights and claims for injury to water rights in the Bill Williams River watershed.
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113-hr-4925
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I 113th CONGRESS 2d Session H. R. 4925 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Webster of Florida introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to establish a Transportation Infrastructure Finance and Innovation Act Revolving Fund, and for other purposes.
1. Short title This Act may be cited as the TIFIA 2.0 Act . 2. TIFIA funding (a) In general Section 608 of title 23, United States Code, is amended to read as follows: 608. Funding (a) TIFIA Revolving Fund (1) Establishment There is established in the Treasury of the United States a revolving fund to be known as the Transportation Infrastructure Finance and Innovation Act Revolving Fund (in this section referred to as the Fund ). (2) Deposits There shall be deposited in the Fund the following: (A) Amounts made available to carry out this chapter. (B) Amounts received from the repayment of principal and interest on a direct loan made under this chapter. (C) Unobligated and uncommitted budget authority under this chapter in a fiscal year. (D) Proceeds from the sale of secured loans under section 603(d). (E) Amounts received from interest on investments under paragraph (6). (F) Amounts received from the collection of fees established by the Secretary of Transportation (in this section referred to as the Secretary ) pursuant to this chapter. (3) Disbursements Disbursements from the Fund may be made by the Secretary for the purpose of carrying out this chapter. (4) Rural set aside (A) In general Of the amounts deposited in the Fund in a fiscal year, not more than 10 percent shall be set aside for use in the following fiscal year for rural infrastructure projects. (B) Reinvestment Any amounts set aside for a fiscal year under subparagraph (A) that remain unobligated by June 1 of that fiscal year shall be invested pursuant to paragraph (6). (5) Transfers The Secretary shall transfer from the Fund to the general fund of the Treasury amounts equivalent to moneys deposited in the Fund as a result of repayment of principal and interest on a direct loan made under this chapter before the date of enactment of the TIFIA 2.0 Act. (6) Investments authority The Secretary of the Treasury shall invest any portion of the Fund that, as determined by the Secretary, is not required to meet current expenses. Each such investment shall be made in an interest-bearing obligation of the United States or an obligation guaranteed both as to principal and interest by the United States that, as determined by the Secretary, has a maturity date suitable for the purposes of the Fund. The Secretary of the Treasury shall credit interest earned on the obligations to the Fund. (7) Administrative costs Of the amounts in the Fund, the Secretary may use not more than 0.50 percent for each fiscal year for the administration of this chapter, excluding amounts to be transferred under paragraph (5). (b) Contracting authority (1) In general Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts in the Fund shall impose on the United States a contractual obligation to fund the Federal credit investment. (2) Availability Amounts in the Fund shall be available for obligation without fiscal year limitation and without further appropriation until expended. . (b) Conforming amendments Chapter 6 of such title is amended— (1) in section 601(a)— (A) by striking paragraph (18); and (B) by redesignating paragraphs (19) and (20) as paragraphs (18) and (19), respectively; (2) in section 602(b)(1) by striking the subsidy costs associated with ; (3) in section 603— (A) in subsection (a)(3) by striking subsidy amount ; and (B) in subsection (b)— (i) in paragraph (4)(B)(ii) by striking the subsidy cost of which ; and (ii) by striking paragraph (6)(B) and inserting the following: (B) Preexisting indenture The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if— (i) the secured loan is rated in the A category or higher; (ii) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (iii) the TIFIA program share of eligible project costs is 33 percent or less. ; and (4) in section 604— (A) in subsection (a)(3) by striking subsidy ; and (B) by striking subsection (b)(8)(B) and inserting the following: (B) Pre-existing indenture (i) In general The Secretary shall waive the requirement of subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if— (I) the line of credit is rated in the A category or higher; (II) the TIFIA program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III) the TIFIA program share of eligible project costs is 33 percent or less. . 3. Determination of eligibility and project selection (a) Eligibility Section 602(a)(9) of title 23, United States Code, is amended— (1) by striking and at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ; and ; and (3) by adding at the end the following: (D) generate revenue through tolls or user fees, or promote use of a facility that generates such revenues. . (b) Selection among eligible projects Section 602(b)(1) of such title, as amended by this Act, is further amended— (1) by striking The Secretary and inserting the following: (A) Application process Subject to subparagraph (B), the Secretary ; and (2) by adding at the end the following: (B) Priority In selecting projects to receive funding under subparagraph (A), the Secretary shall give priority consideration to projects with sponsors who have sponsored prior credit agreements under this chapter that have been repaid in full. .
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113-hr-4926
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I 113th CONGRESS 2d Session H. R. 4926 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Nolan (for himself, Mr. Walz , Mr. Paulsen , Mr. Ellison , Mrs. Bachmann , Ms. McCollum , Mr. Peterson , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the James L. Oberstar Memorial Highway and the James L. Oberstar National Scenic Byway in the State of Minnesota.
1. James L. Oberstar Memorial Highway (a) Designation The segment of Interstate Route 35 between milepost 133 at Forest Lake, Minnesota, and milepost 259 at Duluth, Minnesota, shall be known and designated as the James L. Oberstar Memorial Highway . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the segment of Interstate Route 35 referred to in subsection (a) shall be deemed to be a reference to the James L. Oberstar Memorial Highway . 2. James L. Oberstar National Scenic Byway (a) Designation The segment of United States Route 61 between milepost 0 at Duluth, Minnesota, and milepost 150 at Grand Portage, Minnesota, shall be known and designated as the James L. Oberstar National Scenic Byway . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the segment of United States Route 61 referred to in subsection (a) shall be deemed to be a reference to the James L. Oberstar National Scenic Byway .
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113-hr-4927
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I 113th CONGRESS 2d Session H. R. 4927 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Nolan (for himself, Mr. Walz , Mr. Ellison , Mrs. Bachmann , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 14 3rd Avenue, NW., in Chisholm, Minnesota, as the James L. Oberstar Memorial Post Office Building .
1. James L. Oberstar Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 14 3rd Avenue, NW., in Chisholm, Minnesota, shall be known and designated as the James L. Oberstar Memorial Post Office Building . (b) References Any references in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the James L. Oberstar Memorial Post Office Building .
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113-hr-4928
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I 113th CONGRESS 2d Session H. R. 4928 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Barrow of Georgia (for himself and Mr. Benishek ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To prohibit certain closures of Senior Reserve Officers’ Training Corps programs of the Army.
1. Short title This Act may be cited as the Readying Our Troops for Combat Act of 2014 or the ROTC Act of 2014 . 2. Prohibition of closures of Senior ROTC programs of the Army During the period beginning on the date of the enactment of this Act and ending on July 1, 2020, the Secretary of the Army may not, pursuant to Department of Defense Instruction 1215.08, disestablish, or initiate the disestablishment of, a Senior Reserve Officers’ Training Corps program of the Army established pursuant to chapter 103 of title 10, United States Code.
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113-hr-4929
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I 113th CONGRESS 2d Session H. R. 4929 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Cárdenas (for himself, Mr. Payne , Mr. Vargas , Mr. Garcia , Mr. Costa , and Mr. Vela ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a grant program for career education in computer science.
1. Short title This Act may be cited as the Computer Science Career Education Act of 2014 . 2. Definitions In this Act: (1) Eligible partnership The term eligible partnership means a consortium between or among at least 1 local educational agency, at least 1 institution of higher education, and representatives of the community, including nonprofit organizations, local or regional employers (including State agencies) with a documented workforce need in the computer science sector, workforce investment boards or other entities providing employment services, regional economic development organizations, industry associations, representatives of labor organizations, or central labor coalitions, where appropriate, and parents and students. (2) Institution of higher education The term institution of higher education means— (A) an institution of higher education as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or (B) a postsecondary vocational institution as defined in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) ). (3) 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 ). (4) Secretary The term Secretary means the Secretary of Education. (5) State educational agency The term State 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. Establishment of grant program (a) In general From the amounts appropriated to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible partnerships to enable such partnerships to develop and operate a 4- or 6-year computer science career education program. (b) Application (1) In general Each eligible partnership that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Content Each application submitted under paragraph (1) shall— (A) describe the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner’s ability to support the proposed program; (B) describe how the eligible partnership will implement a computer science career education program, as described in subsection (c); (C) ensure funding under the grant program is spent in a coordinated manner with other local resources; (D) describe the State or local workforce shortages, as determined by the relevant State agency in charge of workforce data, in the computer science sector; (E) make information, including career guidance and advisement resources, available about the program; (F) ensure non-duplication of the partnership's development of computer science career education programs; (G) ensure equitable access to the program; and (H) demonstrate alignment of the partnership's computer science career education program to the State or local computer science sector. (c) Content of computer science career education program An eligible partnership that receives a grant under this Act shall use the grant funds to develop and operate a 4- or 6-year computer science career education program that— (1) includes the development of computer science programs for both secondary education and postsecondary education that— (A) are aligned with rigorous computer science standards for kindergarten through grade 12 computer science education; (B) link secondary schools and institutions of higher education through non-duplicative sequences of courses in computer science career fields, including the investigation of opportunities for secondary students to enroll concurrently in secondary and postsecondary coursework; (C) use, if appropriate and available, work-based or worksite learning in conjunction with business; (D) use educational technology and distance learning, as appropriate, to involve all of the partners in the eligible partnership more fully in the development and operation of the programs; (E) stay current with the needs, expectations, and methods of business; and (F) create innovative opportunities for students that lead to student attainment of industry-recognized credentials; (2) includes professional development for teachers that— (A) is designed to prepare teachers to teach the fundamental concepts of computer science using effective teaching methods for all students; (B) provides for joint training for teachers in the eligible partnership, including between secondary and postsecondary teachers and core academic teachers and career and technical education teachers at both the secondary level and postsecondary level; (C) is designed to ensure that teachers and administrators are aware of current career pathways and the needs and expectations of business and industry; (D) focuses on training postsecondary and secondary education faculty in the use of contextual and applied curricula and instruction; and (E) if needed, ensures secondary school teachers are qualified to teach postsecondary courses in the secondary school according to articulation agreements; (3) includes career and academic counseling for the students that— (A) provides information to students regarding available computer science career education programs; (B) supports student progress in completing computer science career education programs; (C) provides labor market information on local, State, regional, and national computer science employment opportunities, such as occupation demand, education requirements, and expected compensation; and (D) tracks student placement in appropriate employment, or transfer to an institution of higher education; and (4) provides equal access to the full range of career education programs, to individuals who are members of underrepresented groups and special populations, including the development of program services appropriate to the needs of special populations. (d) Additional authorized activities An eligible partnership that receives a grant under this Act may use the grant funds to— (1) provide for the acquisition of computer equipment, software, and software licenses to directly develop and support a computer science program; (2) acquire technical assistance from State or local entities that have designed, established, and operated career education programs that have effectively used educational technology and distance learning in the delivery of curricula and services and in the articulation process; and (3) establish articulation agreements with institutions of higher education, and cooperative agreements with labor organizations, or business located inside or outside the State and served by the eligible partnership, especially with regard to using distance learning and educational technology to provide for the delivery of services and programs.
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113-hr-4930
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I 113th CONGRESS 2d Session H. R. 4930 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Barton (for himself, Ms. Castor of Florida , Ms. Herrera Beutler , Mr. Gene Green of Texas , and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend titles XIX and XXI of the Social Security Act to provide States with the option of providing services to children with medically complex conditions under the Medicaid program and Children’s Health Insurance Program through a care coordination program focused on improving health outcomes for children with medically complex conditions and lowering costs, and for other purposes.
1. Short title This Act may be cited as the Advancing Care for Exceptional Kids Act of 2014 or the ACE Kids Act of 2014 . 2. Findings Congress finds the following: (1) Approximately 3,000,000 children in the United States suffer from medically complex conditions and approximately 2,000,000 of such children are enrolled in State plans under the Medicaid program under title XIX of the Social Security Act. (2) Such children account for an estimated 6 percent of Medicaid enrollees and approximately 40 percent of children’s Medicaid spending is due to the severity of the illnesses of such children. (3) The creation of nationally designated children’s hospital networks focused upon better coordination and integration of care for such pediatric population will result in improved health outcomes and savings under the Medicaid program and the Children’s Health Insurance Program under title XXI of the Social Security Act. 3. Establishment of Medicaid and CHIP Care Coordination program for children with medically complex conditions as Medicaid State option (a) Medicaid Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended— (1) in section 1905(a) ( 42 U.S.C. 1396d(a) )— (A) by striking and at the end of paragraph (27); (B) by redesignating paragraph (29) as paragraph (30); and (C) by inserting after paragraph (28) the following new paragraph: (29) items and services furnished under an MCCC program under section 1947 to eligible children enrolled in an MCCC program under such section. ; and (2) by adding at the end the following new section: 1947. Medicaid Children’s Care Coordination programs for children with complex medical conditions (a) Establishment (1) In general Beginning January 1, 2015, a State, at its option as a State plan amendment, may elect to provide medical assistance for items and services furnished to eligible children enrolled in an MCCC program that meets the requirements of this section. As a condition on an eligible child’s receipt of medical assistance under this title, the State shall require, under such an amendment, that the eligible child be enrolled in an MCCC program that meets the requirements of this section. (b) MCCC program requirements An MCCC program meets the requirements of this section if the MCCC program— (1) coordinates, integrates, and provides for the furnishing of the full range of MCCC program services to eligible children enrolled in the program ; (2) enrolls eligible children in accordance with subsection (c); (3) is operating under a program agreement that meets the requirements of subsection (d); and (4) meets the pediatric network adequacy standards developed under subsection (e). (c) Eligibility determinations; assignment (1) Enrollment Subject to the assignment requirements of paragraph (2), the enrollment and disenrollment of eligible children in an MCCC program shall be carried out in accordance with regulations issued by the Secretary and the applicable program agreement. (2) Network assignment (A) In general Eligible children shall be prospectively enrolled in an MCCC program by initially assigning such eligible children to a nationally designated children’s hospital network for a period of not less than 90 days beginning on the date on which the child is initially assigned to such hospital network. (B) Basis for initial assignment Such an assignment shall be based upon any of the following factors (or a combination thereof): (i) The prevalence of visits by the child to a pediatrician or other specialist who is participating in the nationally designated children’s hospital network. (ii) The selection of the child’s family. (iii) The location of the primary residence of the child. (iv) The proximity of the child to regional referral networks established by the nationally designated children’s hospital network. (C) Limitation on certain assignments An assignment of a child under clause (iii) or (iv) of subparagraph (B) may only be made in the case of a nationally designated children’s hospital network that offers medical home access within 30 miles of the primary residence of the child. (D) Reassignment Following the 90-day period referred to in subparagraph (A), the child may elect— (i) to be assigned to the nationally designated children’s hospital network of their choice that has an MCCC program agreement in effect with respect to an MCCC program in which the child is eligible to enroll; or (ii) to not participate in any MCCC program and receive care through enrollment in the State plan under this title or the State child health plan under title XXI. (d) Program agreements (1) In general The Secretary, in close cooperation with the State administering agencies electing to provide the medical assistance described in subsection (a), shall establish procedures for entering into, extending, and terminating program agreements under this section. (2) Terms (A) In general A program agreement entered into under this section by the Secretary, a State administering agency, and a nationally designated children’s hospital network shall provide for each of the following terms: (i) The agreement shall designate the service area of the MCCC program that is the subject of the agreement. (ii) The agreement shall be effective for a contract year, but may be extended for additional contract years in the absence of a notice by a party to terminate, and is subject to termination by the Secretary and the State administering agency at any time for cause (as provided under the agreement) . (iii) The agreement shall require that the nationally designated children’s hospital network submit care management network and coverage plans to the Secretary that are centered around medical home models and that describe the governance of the network. (iv) The agreement shall require the hospital network to meet all applicable requirements imposed by State and local laws. (v) The agreement shall require such State, in the case of eligible children who are residents of the State, to make payments to the hospital network, regardless of whether MCCC program services are furnished to such eligible children in another State. (vi) The agreement shall require that the standards and measures developed under subsection (e) be applied to the hospital network, including measures requiring, with respect to network adequacy standards, that the hospital network establish such provider networks for primary, secondary, and tertiary care as are necessary to ensure the adequate furnishing of MCCC program services to eligible children enrolled in the MCCC program that is the subject of the agreement. (vii) The agreement shall require the hospital network to comply with the data collection and recordkeeping requirements of subparagraph (C). (viii) The agreement shall require the hospital network to accept as payment any payment made using the risk-based methodology developed under subsection (g). (ix) The agreement shall contain such additional terms and conditions as the parties may agree to, so long as such terms and conditions are consistent with this section. (B) Service area overlap In designating a service area under subparagraph (A)(i), the Secretary (in consultation with the relevant State administering agency) shall consider the impacts of designating an area that is already covered under another program agreement, for purposes of avoiding the unnecessary duplication of services and the impairment of the financial and service viability of another MCCC program. (C) Data and recordkeeping requirements The data collection and recordkeeping requirements under this subparagraph, with respect to a nationally designated children’s hospital network, are as follows: (i) The hospital network shall collect claims data on claims submitted with respect to eligible children who are furnished MCCC program services under an MCCC program. Such data shall be reported in a standardized format and made available to the public for purposes of establishing a national database on such claims. (ii) The hospital network shall maintain, and provide the Secretary and the State administering agency access to, the records relating to the MCCC program operated by the hospital network, including pertinent financial, medical, and personnel records. (iii) The hospital network shall submit to the Secretary and the State administering agency such reports as the Secretary finds (in consultation with the State administering agency) necessary to monitor the operation, cost, and effectiveness of the MCCC program operated by the hospital network. (3) Termination of agreements The Secretary shall issue regulations establishing the circumstances under which— (A) the Secretary or a State administering agency may terminate an MCCC program agreement for cause; and (B) a nationally designated children’s hospital network may terminate such an agreement after appropriate notice to the Secretary, the State administering agency, and enrollees. (e) Quality assurance (1) Development of standards and measures The Secretary shall, in consultation with nationally designated children’s hospital networks and national pediatric policy organizations (such as the Children’s Hospital Association and the American Academy of Pediatrics) — (A) establish a national set of quality assurance and improvement protocols and procedures to apply under MCCC programs; (B) develop pediatric quality measures; (C) develop pediatric network adequacy standards for access by eligible children to MCCC program services; and (D) develop criteria for national pediatric-focused care coordination for eligible children. (2) Use of pqmp measures In carrying out subparagraph (A), the Secretary shall apply, to the extent applicable, child health quality measures and measures for centers of excellence for children with complex needs developed under this title, title XXI, and section 1139A and take into account HEDIS quality measures as required under section 1852(e)(3) and other quality measures. (f) Standard Medicaid data set (1) In general The Secretary, the States, and the nationally designated children’s hospital networks shall collaborate to obtain consistent and verifiable Medicaid Analytic Extract data or a comparable data set and shall establish data-sharing agreements to further support collaborative planning and care coordination for medically complex children. (2) Claims analysis The Secretary shall— (A) perform claims analysis on the data set developed under paragraph (1) to determine the utilization of items and services furnished under an MCCC program to eligible children; and (B) submit to Congress and make publicly available on the Internet site of the Centers for Medicare and Medicaid services, a report on such claims in a standardized format for purposes of building a national database. (3) Payment for reporting incentives The Secretary may provide for pay-for-reporting incentives during the first two years of any MCCC program agreement entered into under this section to ensure participation and analysis of consistent data under this paragraph to enable the development of an appropriate risk-based payment methodology under subsection (g). (g) Payments to nationally designated children’s hospital networks (1) In general The State plan shall provide for payment to nationally designated children’s hospital networks pursuant to the terms of an MCCC program agreement using a risk-based payment methodology (or methodologies) established by the Secretary in accordance with this subsection. (2) Transition from fee-for-service to risk-based payment model (A) In general Payment to nationally designated children’s hospital networks under this subsection shall be based initially on a fee-for-service payment model and shall gradually transition, over a 5-year period, to an equitable, risk-based payment model using a methodology developed under paragraph (3). For the first two years of such period, a nationally designated children’s hospital network may receive, in addition to any fee-for-service payments made to such hospital network, per capita care coordination payments with respect to expenditures for items and services furnished to eligible children enrolled in the MCCC program operated by the hospital network through medical home programs and other care coordination activities for which an all-inclusive payment model is more suitable than fee-for-service reimbursement. (B) Data analysis during initial period During the first two years of the implementation of an MCCC program, the Secretary shall analyze data collected under subsection (f) for purposes of developing a risk-based payment methodology that would be implemented beginning with the third year of implementation of the MCCC program. (3) Development of risk-based payment methodology The Secretary shall develop payment methodologies under this subsection in coordination with the Medicaid and CHIP Payment and Access Commission and the pediatric health care provider community that— (A) take into account the data analyzed under paragraph (2)(B); (B) are actuarially sound, as determined by the Secretary and the relevant State administering agency, in coordination with National Association of Insurance Commissioners, using an actuarial methodology that is adopted using historic pediatric claims data; (C) include— (i) a risk adjustment method, re-insurance system, and risk-corridor procedure to account for variations in acuity of the eligible children enrolled in MCCC programs; and (ii) a shared-savings component; and (D) may provide for an model for making payments other than payments made on a per-member, per-month basis. (h) Waivers of requirements With respect to carrying out an MCCC program under this section, the following provisions of law shall not apply: (1) Section 1902(a)(1), relating to statewideness. (2) Section 1902(a)(10), insofar as such section relates to comparability of services among different population groups. (3) Sections 1902(a)(23) and 1915(b)(4), relating to freedom of choice of providers. (4) Section 1903(m)(2)(A), insofar as such section would prohibit a nationally designated children’s hospital network from receiving certain payments. (5) Such other provisions of this title, title XVIII, sections 1128A and 1128B, and any provisions of the Federal antitrust laws as the Secretary determines are inapplicable or the waiver of which are necessary for purposes of carrying out an MCCC program under this section. (i) Preemption of State law A State may not impose any requirement on the nationally qualified children’s hospital network’s operation of an MCCC program under a program agreement that meets the requirements of this section that is inconsistent with or would otherwise impede the satisfaction by such hospital network of the requirements of this section (including the requirements of such program agreement). (j) Definitions In this section: (1) Eligible child The term eligible child means, with respect to an MCCC program, an individual who is under the age of 18 and who— (A) is eligible for medical assistance under the State plan under this title or child health assistance under the State child health plan under title XXI; and (B) has, or is at a heightened risk of developing, a chronic, physical, developmental, behavioral, or emotional condition that— (i) affects two or more body systems; (ii) requires intensive care coordination to avoid excessive hospitalizations or emergency department visits; or (iii) meets the criteria for medical complexity using risk adjustment methodologies (such as Clinical Risk Groups) agreed upon by the Secretary in coordination with a national panel of pediatric experts. (2) MCCC program The term MCCC program means a Medicaid coordinated care program that provides eligible children with MCCC program services through a nationally designated children’s hospital network in accordance with a program agreement that meets the requirements of subsection (d). (3) MCCC program services The term MCCC program services means the full range of items and services for which medical assistance is available under a State plan for children, including pediatric care management services and pediatric-focused care coordination and health promotion, as specified in the program agreement. (4) Qualified children’s hospital The term qualified children’s hospital means a children’s hospital that— (A) qualifies to receive payment under section 340E of the Public Health Service Act (relating to children’s hospitals that operate graduate medical education programs); or (B) meets 3 or more of the following criteria: (i) Minimum pediatric discharges The hospital has at least 5,000 annual pediatric discharges (including neonates, but excluding obstetrics and normal newborns) for the most recent cost reporting period for which data are available. (ii) Minimum number of beds The hospital has 100 licensed pediatric beds, not including beds in neonatal intensive care units but including beds in pediatric intensive care units and other acute care beds. (iii) Access to pediatric emergency services The hospital has access (through ownership or otherwise) to pediatric emergency services. (iv) Medicaid reliant At least 30 percent of the pediatric discharges or inpatient days (excluding observation days) in the hospital for the most recent cost reporting period for which data are available were children eligible for medical assistance under this title or for children’s health assistance under title XXI. (v) Affiliation with accredited pediatric residency training program The hospital sponsors or is affiliated with a pediatric residency program that is accredited by the Accreditation Council for Graduate Medical Education. (vi) Pediatric medical home programs The hospital has established and implemented demonstrable pediatric medical home programs dedicated to medically complex children. (5) Nationally designated children’s hospital network The term nationally designated children’s hospital network means a network of hospitals and health care providers — (A) anchored by a qualified children’s hospital or hospitals with principal governance responsibility over the hospital network; (B) in which the full complement of health care providers needed to provide the best care for children in the network participate; and (C) that represents the interests of physicians, other health care providers, parents of medically complex children, and other relatives of such children. (6) Program agreement The term program agreement means, with respect to a nationally designated children’s hospital network, an agreement, between the hospital network, the Secretary, and a State administering agency for the operation of an MCCC program by the hospital network in the State that meets the requirements of this section. (7) State administering agency The term State administering agency means, with respect to the operation of an MCCC program in a State, the agency of that State (which may be the single agency responsible for administration of the State plan under this title in the State) responsible for administering program agreements under this section. . (b) Application under CHIP Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended by adding at the end the following new subparagraph: (P) Section 1947 (relating to Medicaid children’s care coordination programs for children with complex medical conditions). . (c) Regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall make rules on the record, after opportunity for an agency hearing to carry out the amendments made by this section in accordance with sections 556 and 557 of title 5, United States Code.
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113-hr-4931
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I 113th CONGRESS 2d Session H. R. 4931 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Chabot (for himself and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments by angel investors.
1. Short title This Act may be cited as the Angel Tax Credit Act . 2. Angel investment tax credit (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 30E. Angel investment tax credit (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified equity investments made by a qualified investor during the taxable year. (b) Limitation The amount of the credit allowed under subsection (a) for any taxpayer for any taxable year shall not exceed $250,000. (c) Qualified equity investment For purposes of this section— (1) In general The term qualified equity investment means any equity investment in a qualifying business entity if— (A) the aggregate amount of such investments made by the taxpayer during the taxable year is $25,000 or more, (B) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and (C) such investment is designated for purposes of this section by the qualifying business entity. (2) Equity investment The term equity investment means— (A) any form of equity, including a general or limited partnership interest, common stock, preferred stock (other than nonqualified preferred stock as defined in section 351(g)(2)), with or without voting rights, without regard to seniority position and whether or not convertible into common stock or any form of subordinate or convertible debt, or both, with warrants or other means of equity conversion, and (B) any capital interest in an entity which is a partnership. (3) Redemptions A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. (d) Qualifying business entity For purposes of this section— (1) In general The term qualifying business entity means any domestic corporation or partnership if such corporation or partnership— (A) has its headquarters in the United States, (B) has gross revenues for the taxable year preceding the date of the qualified equity investment of less than $1,000,000, (C) employs less than 25 full-time equivalent employees as of the date of such investment, (D) has been in existence for less than 7 years as of the date of the qualified equity investment, (E) has more than 50 percent of the employees performing substantially all of their services in the United States as of the date of such investment, (F) is engaged in a high technology trade or business related to— (i) advanced materials, nanotechnology, or precision manufacturing, (ii) aerospace, aeronautics, or defense, (iii) biotechnology or pharmaceuticals, (iv) electronics, semiconductors, software, or computer technology, (v) energy, environment, or clean technologies, (vi) forest products or agriculture, (vii) information technology, communication technology, digital media, or photonics, (viii) life sciences or medical sciences, (ix) marine technology or aquaculture, (x) transportation, or (xi) any other high technology trade or business, as determined by the Secretary of the Treasury, and (G) has equity investments designated for purposes of this paragraph. (2) Designation of equity investments For purposes of paragraph (1)(G), an equity investment shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to equity investments in such corporation or partnership exceeds $2,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for the taxable year and all preceding taxable years. (e) Qualified investor For purposes of this section— (1) In general The term qualified investor means an accredited investor, as defined by the Securities and Exchange Commission. (2) Exclusion The term qualified investor does not include— (A) a person controlling at least 50 percent of the qualifying business entity, (B) any venture capital fund (within the meaning of section 203(l) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(l) )), or (C) any bank, savings association, loan association, trust company, insurance company, or similar entity whose business activities include making similar investments to investments of a venture capital fund (as so defined). (f) National limitation on amount of investments designated (1) In general There is an angel investment tax credit limitation of $500,000,000 for each of calendar years 2013 through 2017. (2) Allocation of limitation The limitation under paragraph (1) shall be allocated by the Secretary among qualified small business entities selected by the Secretary. (3) Carryover of unused limitation If the angel investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2022. (g) Application with other credits (1) Business credit treated as part of general business credit Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit (A) In general In the case of an individual who elects the application of this paragraph, for purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. (B) Carryforward of unused credit If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a) for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. (h) Special rules (1) Related parties For purposes of this section— (A) In general All related persons shall be treated as 1 person. (B) Related persons A person shall be treated as related to another person if— (i) the relationship between such persons would result in the disallowance of losses under section 267 or 707(b), or (ii) for purposes of subsection (e), the person is an individual who is the spouse of a lineal descendant of an individual described in subsection (e)(2)(A). (2) Basis For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. This subsection shall not apply for purposes of sections 1202, 1397B, and 1400B. (3) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of— (A) transfer of such investment by reason of the death of the taxpayer, (B) transfer between spouses, (C) transfer incident to the divorce (as defined in section 1041) of such taxpayer, or (D) a transaction to which section 381(a) applies (relating to certain acquisitions of the assets of one corporation by another corporation). (i) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations— (1) which prevent the abuse of the purposes of this section, (2) which impose appropriate reporting requirements, and (3) which apply the provisions of this section to newly formed entities. . (b) Credit made part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended— (1) in paragraph (35), by striking plus ; (2) in paragraph (36), by striking the period at the end and inserting , plus ; and (3) by adding at the end the following new paragraph: (37) the portion of the angel investment tax credit to which section 30E(g)(1) applies. . (c) Conforming amendments (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , and , and by inserting after paragraph (37) the following new paragraph: (38) to the extent provided in section 30E(h)(2). . (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 30E. Angel investment tax credit. . (d) Effective date The amendments made by this section shall apply to investments made after December 31, 2013, in taxable years ending after such date.
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113-hr-4932
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I 113th CONGRESS 2d Session H. R. 4932 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Payne (for himself, Mr. Moran , Mr. Rangel , Ms. Norton , and Mr. Cárdenas ) 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 fund consisting of donations from private industry to provide financial support for unemployed individuals to obtain information technology certifications.
1. Short title This Act may be cited as the Increasing Technology Skills Act of 2014 . 2. Establishment of fund (a) Establishment There is established in the Department of Labor a fund to be known as the Information Technology Certification Fund (referred to in this Act as the Fund ). (b) Deposits The Fund shall consist of amounts donated by any person, partnership, or corporation, including nonprofit organizations and foundations that pledges to continue to donate a consistent amount for a minimum of three consecutive years. (c) Administration and use of funds The Fund shall be administered by the Secretary of Labor and used to carry out the grant program established under section 4. 3. Employers hiring individuals completing the information technology certification program eligible for work opportunity credit (a) In general Section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (H), by the striking the period at the end of subparagraph (I) and inserting , or , and by adding at the end the following new subparagraph: (J) a certified information technology certification program graduate. . (b) Certified information technology certification program graduate Section 51(d) is amended by redesignating paragraphs (11), (12), (13), and (14) as paragraphs (12), (13), (14), and (15), respectively, and by inserting after paragraph (10) the following new paragraph: (11) Certified information technology certification program graduate The term certified information technology certification program graduate means any individual who has been awarded a certificate of completion under section 5(f) of the Increasing Technology Skills Act of 2014 for completing the information technology certification program established under such Act during the 1-year period ending on the hiring date. . (c) Effective date The amendments made by this section shall apply to individuals who begin work with the employer after the date of the enactment of this Act. 4. Grants to States (a) In general From funds available in the Fund established by section 2, the Secretary of Labor shall award grants, on a competitive basis, to States through the State boards. (b) Application To receive a grant under this section, a State board shall submit to the Secretary an application at such time and containing such information as the Secretary shall determine. (c) Use of funds A State board shall use grant funds to provide financial support to qualified individuals for participation in an information technology certification program, in accordance with section 5. 5. Financial support for information technology certification (a) Identification of programs and public awareness Each State receiving a grant under section 4 shall— (1) identify information technology certification programs within the State and the requirements necessary for a qualified individual to participate in each program; (2) disseminate information, through one-stop centers and by other means, regarding such certification programs and the availability of financial support from the grant funds to enable qualified individuals to participate in such programs; and (3) assist qualified individuals in determining which information technology certification program such individual is most qualified for and best meets the goals of such individual. (b) Application of qualified individuals A qualified individual seeking to participate in an information technology certification program and receive financial support shall submit an application to a local one-stop center containing such information as the State Board shall determine. (c) Selection Qualified individuals shall be selected by the local one-centers, in conjunction with local chambers of commerce where appropriate, for participation based on their overall qualification for the certification programs taking into consideration their experience, skills, and competency, including high school level or better competency in typing, math, reading, and writing. (d) Eligible expenses Financial support may be provided to pay for the costs to the qualified individual of preparatory classes, study materials, and examination expenses for the information technology certification program. (e) One-Time participation Qualified individuals selected to receive financial support under this section may only participate once. Such participation consists of a single information technology certification, regardless of whether the individual obtains the certification. Such certification may consist of multiple preparatory classes and multiple examinations. (f) Certificate The State board shall award a certificate of completion to each individual who completes the program and obtains a certification. 6. Department of Labor guidance and facilitation (a) Background information and selection guidance The Secretary of Labor shall create an introductory program for use in one-stop centers to provide background information to participants on information technology certification programs, to ensure such participants meet the necessary requirements, and suggest which certification program a participant should pursue according to his or her experience, skills and competency. (b) Identification of local employment needs In consultation with local chambers of commerce, the Secretary shall identify the certification programs that best meet the employment needs in each local area. (c) Website The Secretary of Labor shall make the information required under subsections (a) and (b) available on an Internet website. Such website shall also include information on participating persons, partnerships, and corporations who donate money to the fund established by section 2, unless the person, partnership, or corporation requests that this information not be included on the website. (d) Facilitation of in-Kind donations The Secretary of Labor, in coordination with the State boards, local one-stop centers, and local chambers of commerce, shall facilitate the placing of in-kind donations of textbooks or other study materials by entities described in section 2(b) with qualified individuals participating in certification programs. 7. Definitions As used in this Act— (1) the term information technology certification program means any course of study or training in computer science or information technology that culminates with an individual earning a certification or other industry-recognized credential that attests to the individual’s qualification to perform a job or task that entails the application of computers and telecommunications equipment; (2) the term qualified individual means an individual who— (A) at the time he or she submits an application for financial support under section 5, has been unemployed for a period of not less than 6 months; or (B) is a veteran of the Armed Services; (3) the term one-stop center means a one-stop operator as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801); and (4) the term State board means a State workforce investment board established under section 111 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 ).
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113-hr-4933
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I 113th CONGRESS 2d Session H. R. 4933 IN THE HOUSE OF REPRESENTATIVES June 20, 2014 Mr. Reed (for himself, Mr. Hudson , Mr. Posey , Mr. Collins of New York , Mr. Westmoreland , Mr. McHenry , Mrs. Ellmers , Mr. Rooney , Mr. Roe of Tennessee , Mr. Sessions , Mr. DeSantis , Mr. Duncan of Tennessee , Mr. Rogers of Alabama , Mr. Mica , Mr. Schweikert , Mr. Walberg , Mr. Hastings of Washington , Mr. Yoder , Mr. Coble , Mr. Thompson of California , Mr. Carson of Indiana , Mr. Loebsack , Mr. Peters of Michigan , Mr. Bishop of Georgia , Ms. Titus , Ms. Wasserman Schultz , Mr. David Scott of Georgia , Mr. Enyart , Mrs. Negrete McLeod , Mr. Cartwright , Mr. Grijalva , Ms. Kuster , Mr. Pastor of Arizona , Mr. Foster , Mrs. Napolitano , Mr. Horsford , Mr. Lewis , and Mr. Maffei ) 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 7-year recovery period for motorsports entertainment complexes.
1. Short title This Act may be cited as the Motorsports Fairness and Permanency Act . 2. 7-year recovery period for motorsports entertainment complexes made permanent (a) In general Section 168(i)(15) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013.
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113-hr-4934
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I 113th CONGRESS 2d Session H. R. 4934 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Mr. Stewart (for himself, Mr. Cotton , Mr. Cramer , Mr. Graves of Missouri , Mr. McClintock , Mr. Pompeo , Mr. Duncan of South Carolina , Mr. Bentivolio , Mr. Rokita , Mr. Long , Mr. LaMalfa , Mr. Smith of Nebraska , Mr. Lankford , Mr. Gohmert , Mr. Salmon , Mr. Rice of South Carolina , and Mr. Amodei ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit certain Federal agencies from using or purchasing certain firearms, and for other purposes.
1. Short title This Act may be cited as the Regulatory Agency Demilitarization Act . 2. Prohibition on purchase and use by a Federal agency of firearms (a) Prohibition Not later than 30 days after the date of the enactment of this Act, a Federal agency may not purchase or use a firearm. (b) GAO report Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General shall submit to Congress a report that includes the following: (1) Each Federal agency, including the office of Inspector General for the Federal agency, that has specialized units that receive special tactical or military-style training or use hard-plated body armor, shields, or helmets and that respond to high-risk situations that fall outside the capabilities of regular law enforcement officers, including any special weapons and tactics (SWAT) team, tactical response teams, special events teams, special response teams, or active shooter teams. (2) A description of each such unit. (3) A description of the training and weapons of each such unit. (4) The criteria for activating each such unit and how often each such unit was activated for each year of the previous ten years. (5) The annual cost of equipping and operating each such unit. (6) Any other information that is relevant to understanding the usefulness and justification for the units. (c) Definitions In this section: (1) Federal agency The term Federal agency has the meaning given that term in section 102 of title 40, United States Code, but does not include— (A) the Department of Defense; (B) the Department of Justice; (C) the Department of Homeland Security; (D) the Nuclear Regulatory Commission; (E) the United States Capitol Police; (F) the Bureau of Diplomatic Security; (G) the Central Intelligence Agency; and (H) the military departments (as defined in section 102 of title 5, United States Code). (2) Firearm The term firearm has the meaning given that term in section 5845(a) of the Internal Revenue Code of 1986, but does not include a silencer (as defined in section 921 of title 18, United States Code). 3. Removal of law enforcement powers of inspector general agents (a) In general Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). (b) Effective date Subsection (a) shall take effect on the date of the enactment of this Act.
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113-hr-4935
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I 113th CONGRESS 2d Session H. R. 4935 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Ms. Jenkins (for herself, Mr. Kelly of Pennsylvania , and Mr. Nunes ) 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 improvements to the child tax credit.
1. Short title This Act may be cited as the Child Tax Credit Improvement Act of 2014 . 2. Improvements to child tax credit (a) Elimination of marriage penalty Section 24(b)(2) of the Internal Revenue Code of 1986 is amended by striking means— and all that follows and inserting means $75,000 (twice such amount in the case of a joint return). . (b) Inflation adjustment of credit amount and phaseout thresholds Section 24 of such Code is amended by adding at the end the following new subsection: (g) Inflation adjustment (1) In general In the case of any taxable year beginning in a calendar year after 2014, the $1,000 amount in subsection (a) and the $75,000 amount in subsection (b)(2) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding Any increase determined under paragraph (1) shall be rounded— (A) in the case of the $1,000 amount in subsection (a), to the nearest multiple of $50, and (B) in the case of the $75,000 amount in subsection (b)(2), to the nearest multiple of $1,000. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
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113-hr-4936
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I 113th CONGRESS 2d Session H. R. 4936 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Mr. Jeffries (for himself, Ms. Bass , Mr. Deutch , Ms. Roybal-Allard , Mr. Gutiérrez , Ms. Chu , Ms. DelBene , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 292 of the Immigration and Nationality Act to require the Attorney General to appoint counsel for unaccompanied alien children and aliens with serious mental disabilities, and for other purposes.
1. Short title This Act may be cited as the Vulnerable Immigrant Voice Act . 2. Appointment of counsel in certain cases (a) Appointment of counsel for unaccompanied alien children and aliens with a serious mental disability Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— (1) by inserting (a) before In any ; (2) by striking (at no expense to the Government) ; (3) by striking he shall and inserting the person shall ; and (4) by adding at the end the following: (b) Except as provided in subsection (c), the Government is not required to provide counsel to aliens under subsection (a). (c) Notwithstanding subsection (b), the Attorney General shall appoint counsel, at the expense of the Government if necessary (to the extent provided in appropriations Acts), to represent an alien in a removal proceeding who— (1) has been determined by the Secretary to be an unaccompanied alien child (as defined in section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )); or (2) is incompetent to represent himself or herself due to a serious mental disability that would be included in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) ). . (b) Funding There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by this section.
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113-hr-4937
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I 113th CONGRESS 2d Session H. R. 4937 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Mr. McKinley (for himself and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the implementation of report recommendations by an inspector general regarding wasteful and excessive spending, and for other purposes.
1. Short title This Act may be cited as the Protection Against Wasteful Spending Act of 2014 . 2. Report recommendations of wasteful and excessive spending required (a) Implementation of report recommendations required With respect to each of fiscal years 2014 through 2020 and except as provided in subsection (b), not later than 4 years after the submission of a report regarding wasteful and excessive spending, or duplicative programs causing wasteful and excessive spending, by an inspector general of an agency (in this Act, referred to as the IG report ), the head of the agency shall implement all of the recommendations in such report. (b) Exception The implementation requirement in subsection (a) shall not apply to a recommendation by an inspector general that would violate an existing law. With regard to any such recommendation, the head of the relevant agency shall submit to Congress a description of the necessary change to the law to legally implement the recommendation. (c) Report required (1) Initial report Not later than 6 months after the submission of an IG report, or 6 months after the date of the enactment of this Act, whichever is later, the head of the relevant agency shall submit to Congress a report on— (A) the progress of the implementation of each recommendation in the IG report; (B) the time period required to complete each such implementation; (C) the wasteful and excessive spending, and duplicative programs causing wasteful and excessive spending within each agency described in the IG report; (D) the savings created from the completion of implementing each recommendation; and (E) the reason each recommendation was not implemented before the submission of the IG report. (2) Subsequent reports Not later than 13 months, and yearly thereafter until an updated report is submitted for fiscal year 2020, after the submission of an IG report, the head of the relevant agency shall submit to Congress an updated report on the information described in subparagraphs (A) through (E) of paragraph (1). 3. Failure to implement recommendations (a) In general Any agency that fails to implement a recommendation from an IG report, that is not an exception under section 2(b), in a timely manner, may not obligate any funds available to such agency for— (1) convention or seminar attendance and international or domestic travel by any politically-appointed official; or (2) any bonus or salary increase, performance or otherwise, with respect to such an official. (b) Funds subject to obligation limitation On the date that is 60 days after the submission of a report pursuant to section 2(c) that shows that an agency has failed to implement a recommendation of an IG report in a timely manner, of the funds prohibited from being obligated pursuant to subsection (a) (if any)— (1) 50 percent shall be credited to the Highway Trust Fund established under section 9503(a) of the Internal Revenue Code of 1986, to be made available without further appropriation; and (2) 50 percent shall be transferred to the Administrator of the Environmental Protection Agency for making capitalization grants for State water pollution control revolving funds under section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1382), to be made available without further appropriation. (c) Timely manner defined In this section, the term timely manner means, as determined by the Director of the Office of Management and Budget, in consultation with the Comptroller General and the inspector general of the relevant agency, with regard to the implementation of a recommendation from an IG report, that is not an exception under section 2(b)— (1) 30 percent completion of such recommendation within the first year following the submission of the IG report; and (2) 70 percent completion of such recommendation within the second year following the submission of the IG report. 4. Use of savings Of the savings (if any) from the implementation of a recommendation from an IG report pursuant to this Act— (1) 50 percent shall be credited to the Highway Trust Fund established under section 9503(a) of the Internal Revenue Code of 1986, to be made available without further appropriation; and (2) 50 percent shall be transferred to the Administrator of the Environmental Protection Agency for making capitalization grants for State water pollution control revolving funds under section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1382), to be made available without further appropriation. 5. Definitions In this Act— (1) the term agency has the meaning given that term in section 551 of title 5, United States Code; and (2) the term politically-appointed official means any employee of the Federal Government who is— (A) not paid under the General Schedule ( chapter 53 of title 5, United States Code); and (B) appointed by the President by and with the advice and consent of the Senate.
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113-hr-4938
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I 113th CONGRESS 2d Session H. R. 4938 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Mr. Gohmert (for himself, Mr. Flores , and Mr. Pompeo ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To establish a temporary limitation on the use of funds to transfer or release individuals detained at United States Naval Station, Guantanamo Bay, Cuba.
1. Short title This Act may be cited as the Guantanamo Bay Detainee Transfer Suspension Act of 2014 . 2. Temporary limitation on use of funds to transfer or release individuals detained at United States Naval Station, Guantanamo Bay, Cuba (a) In general Except as provided in subsection (b), no funds may be obligated or expended to transfer or release any covered detainee at Guantanamo to the custody or control of such individual's country of origin, any other foreign country, or any other foreign entity until the earlier of— (1) the date that is 90 days after the date of submittal to Congress of the report required by subsection (d); or (2) the date that is 180 days after the date of the enactment of this Act. (b) Exception (1) In general Subsection (a) shall not apply to the obligation or expenditure of funds to transfer any covered detainee at Guantanamo to effectuate an order affecting the disposition of such individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction. (2) Notice to Congress The Secretary of Defense shall promptly notify the appropriate committees of Congress of the issuance of any order described in paragraph (1). (3) Delay in discharge An order described in paragraph (1) may not be carried out until the date that is 5 days after the date on which the appropriate committees of Congress are notified of the order pursuant to paragraph (2). (c) Enforcement (1) In general An officer or employee of the United States shall be liable in his or her individual capacity for a civil penalty of $10,000 for each covered detainee at Guantanamo transferred or released in violation of subsection (a) pursuant to an action or order of the officer or employee of the United States. (2) No representation by United States Notwithstanding section 50.15 or 50.16 of title 28, Code of Federal Regulations, or any other provision of law, the United States Government may not provide representation to, or retain or reimburse private counsel for the representation of, an officer or employee in an action under paragraph (1). (3) Qui tam action (A) In general A person may bring a civil action for a violation of subsection (a) for the person and for the United States Government, seeking a civil penalty under paragraph (1). The action shall be brought in the name of the Government. The action may be dismissed only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. (B) Complaint A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to rule 4 of the Federal Rules of Civil Procedure. The Government may elect to intervene and proceed with the action within 30 days after it receives both the complaint and the material evidence and information. (C) Determination by Government Before the expiration of the 30-day period under subparagraph (B), the Government shall— (i) proceed with the action, in which case the action shall be conducted by the Government; or (ii) notify the court that it declines to take over the action, in which case the person bringing the action shall have the right to conduct the action. (D) Individual conducting action If the Government elects not to proceed with the action, and upon request and at the Government's expense, the Government shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts. (E) Award to qui tam plaintiff A person bringing an action under subparagraph (A) shall receive 50 percent of the amount of the civil penalty imposed on the officer or employee of the United States and the court shall award the person reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorneys' fees and costs, to be paid by the defendant. (F) Expedited appeal of dismissal It shall be the duty of the courts of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any appeal by a person bringing a civil action under subparagraph (A) of the dismissal of the civil action with the consent of the Attorney General. (d) Report (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State and the Director of National Intelligence, submit to the appropriate committees of Congress a report setting forth the following: (A) A detailed description of the previous assessments by Joint Task Force Guantanamo regarding the risk that the 5 detainees transferred from United States Naval Station, Guantanamo Bay, Cuba, to Qatar on May 31, 2014, would reengage in terrorist activity after transfer. (B) A detailed description of any changes between the assessments described in subparagraph (A) and the assessments as of May 31, 2014, of the risk that the detainees described in that subparagraph would reengage in terrorist activity after transfer as described in that subparagraph, including the reasons for such changes. (C) A detailed description of the prior instances, if any, in which Qatar did not fully honor its commitments to monitor, detain, or control the travel of individuals formerly detained at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (D) A detailed assessment of the likelihood that the 5 detainees described in subparagraph (A) will return to Afghanistan or reengage in terrorism. (E) A detailed assessment of whether the transfer of the 5 detainees as described in subparagraph (A) will increase the likelihood that the Taliban and terrorist groups around the world will try to capture United States individuals or personnel in order to obtain concessions from the United States. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives. (2) The term covered detainee at Guantanamo means each individual who— (A) is not a United States citizen or a member of the Armed Forces of the United States; and (B) is or was held on January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. (3) The term officer or employee of the United States — (A) includes— (i) the President; (ii) the head and any officer or employee of any Executive agency or military department (as those terms are defined in chapter 1 of title 5, United States Code); and (iii) any other officer or employee of the United States; and (B) does not include— (i) a member of the Armed Forces; or (ii) an officer or employee of an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). 3. Prohibition on transfer or release of detainees at United States Naval Station Guantanamo Bay, Cuba, without express written authorization of the President (a) Prohibition No detainee described in subsection (b) may be transferred or released from United States Naval Station Guantanamo Bay, Cuba, to a foreign country without the express written authorization of the President. (b) Covered detainees A detainee described in this subsection is Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense; and (3) is held as of the date of the enactment of this Act at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 4. Rule of construction Nothing in this Act shall be construed to modify, limit, or supersede the requirements under section 1035 of the National Defense Authorization Act for Fiscal Year 2014 ( 10 U.S.C. 801 note) relating to the transfer or release of an individual detained at Guantanamo (as defined in subsection (e)(2) of such section).
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113-hr-4939
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I 113th CONGRESS 2d Session H. R. 4939 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Mr. McKeon (for himself, Mr. LaMalfa , Mr. Huffman , Mr. Garamendi , Mr. McClintock , Mr. Thompson of California , Ms. Matsui , Mr. Bera of California , Mr. Cook , Mr. McNerney , Mr. Denham , Mr. George Miller of California , Ms. Pelosi , Ms. Lee of California , Ms. Speier , Mr. Swalwell of California , Mr. Costa , Mr. Honda , Ms. Eshoo , Ms. Lofgren , Mr. Farr , Mr. Valadao , Mr. Nunes , Mr. McCarthy of California , Mrs. Capps , Ms. Brownley of California , Ms. Chu , Mr. Schiff , Mr. Cárdenas , Mr. Sherman , Mr. Gary G. Miller of California , Mrs. Napolitano , Mr. Waxman , Mr. Becerra , Mrs. Negrete McLeod , Mr. Ruiz , Ms. Bass , Ms. Linda T. Sánchez of California , Mr. Royce , Ms. Roybal-Allard , Mr. Takano , Mr. Calvert , Ms. Waters , Ms. Hahn , Mr. Campbell , Ms. Loretta Sanchez of California , Mr. Lowenthal , Mr. Rohrabacher , Mr. Hunter , Mr. Vargas , Mr. Peters of California , Mrs. Davis of California , and Mr. Issa ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 2551 Galena Avenue in Simi Valley, California, as the Neil Havens Post Office .
1. Neil Havens Post Office (a) Designation The facility of the United States Postal Service located at 2551 Galena Avenue in Simi Valley, California, shall be known and designated as the Neil Havens Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Neil Havens Post Office .
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113-hr-4940
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I 113th CONGRESS 2d Session H. R. 4940 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Ms. Meng introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently extend 15-year straight-line cost recovery and section 179 expensing for qualified leasehold improvement property, qualified restaurant property, and qualified retail improvement property.
1. Short title This Act may be cited as the Tax Equality for Entrepreneurs Act . 2. Permanent extension of certain tax incentives for qualified leasehold improvement property, qualified restaurant property, and qualified retail improvement property (a) 15-Year straight-Line cost recovery Section 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended— (1) by striking placed in service before January 1, 2014 in clauses (iv) and (v), and (2) by striking placed in service after December 31, 2008, and before January 1, 2014 in clause (ix). (b) Section 179 expensing Section 179(f) of such Code is amended— (1) by striking beginning in 2010, 2011, 2012, or 2013 in paragraph (1), and (2) by striking paragraph (4). (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013.
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113-hr-4941
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I 113th CONGRESS 2d Session H. R. 4941 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Mr. Peters of Michigan introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for the establishment of Promise Zones.
1. Short title This Act may be cited as the Promise Zone Job Creation Act of 2014 . 2. Promise Zones (a) In general Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IV Promise Zones Sec. 1400V–1. Designation of Promise Zones. Sec. 1400V–2. Promise Zone employment credit. Sec. 1400V–3. Expensing of Promise Zone property. 1400V–1. Designation of Promise Zones (a) In general For purposes of this part, the term Promise Zone means any area— (1) which is nominated by 1 or more local governments or Indian Tribes (as defined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103(13) )) for designation as a Promise Zone (hereafter in this section referred to as a nominated area ), (2) which has a continuous boundary, (3) the population of which does not exceed 200,000, and (4) which the Secretary of Housing and Urban Development and the Secretary of Agriculture, acting jointly, designate as a Promise Zone, after consultation with the Secretary of Commerce, the Secretary of Education, the Attorney General, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, and other agencies as appropriate. (b) Number of designations (1) In general Not more than 20 nominated areas may be designated as Promise Zones. (2) Number of designations in rural areas Of the areas designated under paragraph (1), 6 of such areas shall be areas— (A) which are outside of a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or (B) which are determined by the Secretary of Agriculture to be rural areas. (c) Period of designations (1) In general The Secretary of Housing and Urban Development and the Secretary of Agriculture shall, acting jointly, designate 20 areas as Promise Zones before January 1, 2017. (2) Effective dates of designations The designation of any Promise Zone shall take effect— (A) for purposes of priority consideration in Federal grant programs and initiatives (other than this part), upon execution of the Promise Zone agreement, and (B) for purposes of this part, on January 1 of the first calendar year beginning after the date of the execution of the Promise Zone agreement. (3) Termination of designations The designation of any Promise Zone shall end on the earlier of— (A) the end of the 10-year period beginning on the date that such designation takes effect, or (B) the date of the revocation of such designation. (4) Application to certain Zones already designated In the case of any area designated as a Promise Zone by the Secretary of Housing and Urban Development and the Secretary of Agriculture before the date of the enactment of this Act, such area shall be taken into account as a Promise Zone designated under this section and shall reduce the number of Promise Zones remaining to be designated under paragraph (1). (d) Limitations on designations No area may be designated under this section unless— (1) the entities nominating the area have the authority to nominate the area of designation under this section, (2) such entities provide written assurances satisfactory to the Secretary of Housing and Urban Development and the Secretary of Agriculture that the competitiveness plan described in the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary of Housing and Urban Development and the Secretary of Agriculture with such data regarding the economic conditions of the area (before, during, and after the area’s period of designation as a Promise Zone) as such Secretary may require, and (3) the Secretary of Housing and Urban Development and the Secretary of Agriculture determine that any information furnished is reasonably accurate. (e) Application No area may be designated under this section unless the application for such designation— (1) demonstrates that the nominated area satisfies the eligibility criteria described in subsection (a), and (2) includes a competitiveness plan which— (A) addresses the need of the nominated area to attract investment and jobs and improve educational opportunities, (B) leverages the nominated area’s economic strengths and outlines targeted investments to develop competitive advantages, (C) demonstrates collaboration across a wide range of stakeholders, (D) outlines a strategy which connects the nominated area to drivers of regional economic growth, and (E) proposes a strategy for focusing on increased access to high quality affordable housing and improved public safety. (f) Selection criteria From among the nominated areas eligible for designation under this section, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall designate Promise Zones on the basis of— (1) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under subsection (d), (2) unemployment rates, poverty rates, household income, home ownership, labor force participation, educational attainment, and such other factors as the Secretary of Housing and Urban Development and the Secretary of Agriculture may identify, and (3) other criteria as determined by the Secretary of Housing and Urban Development and the Secretary of Agriculture. The Secretary of Housing and Urban Development and the Secretary of Agriculture may set minimal standards for the levels of unemployment and poverty that must be satisfied for designation as a Promise Zone. 1400V–2. Promise Zone employment credit (a) Amount of credit For purposes of section 38, the amount of the Promise Zone employment credit determined under this section with respect to any employer for any taxable year is the applicable percentage of the qualified wages paid or incurred during the calendar year which ends with or within such taxable year. (b) Applicable percentage For purposes of this section, the term applicable percentage means— (1) in the case of qualified wages described in subsection (c)(1)(A), 20 percent, and (2) in the case of qualified wages described in subsection (c)(1)(B), 10 percent. (c) Qualified wages For purposes of this section— (1) In general The term qualified wages means any wages paid or incurred by an employer for services performed by an employee while such employee is— (A) a qualified zone employee, or (B) a qualified resident employee. (2) Only first $15,000 of wages per year taken into account With respect to each qualified employee, the amount of qualified wages taken into account for a calendar year shall not exceed $15,000. (3) Coordination with work opportunity credit (A) In general The term qualified wages shall not include wages taken into account in determining the credit under section 51. (B) Coordination with dollar limitation The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 51. (4) Wages The term wages has the meaning given such term by section 1397(a). (d) Qualified employee For purposes of this section— (1) Qualified employee The term qualified employee means any employee who is a qualified zone employee or a qualified resident employee. (2) Qualified zone employee Except as otherwise provided in this subsection, the term qualified zone employee means, with respect to any period, any employee of an employer if— (A) substantially all of the services performed during such period by such employee for such employer are performed within a Promise Zone in a trade or business of the employer, and (B) the principal place of abode of such employee while performing such services is within a Promise Zone. (3) Qualified resident employee Except as otherwise provided in this subsection, the term qualified resident employee means, with respect to any period, an employee of an employer if the principal place of abode of such employee during such period is within a Promise Zone, but substantially all of the services performed during such period by such employee for such employer are not performed within a Promise Zone in a trade or business of the employer. (4) Certain individuals not eligible The terms qualified zone employee and qualified resident employee shall not include any individual described in paragraph (2) of section 1396(d)(2) (determined after application of paragraph (3) thereof). (e) Special rules Rules similar to the rules of section 1397 shall apply for purposes of this section. (f) Taxpayer reporting No credit shall be determined under this section with respect to any taxpayer for any taxable year unless such taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to evaluate the effectiveness of the program established under this part. 1400V–3. Expensing of Promise Zone property (a) In general A taxpayer may elect to treat the cost of any Promise Zone property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the Promise Zone property is placed in service. (b) Promise Zone property For purposes of this section— (1) In general Except as otherwise provided in this subsection, the term Promise Zone property means property— (A) which is— (i) tangible property (to which section 168 applies) with an applicable recovery period (within the meaning of section 168) of 20 years or less, (ii) water utility property described in section 168(e)(5), (iii) computer software described in section 179(d)(1)(A)(ii), or (iv) qualified leasehold improvement property (as defined in section 168(e)), (B) which is acquired by purchase (as defined in section 179(d)(2)) for use in the active conduct of a trade or business, and (C) which is originally placed in service by the taxpayer in a Promise Zone. (2) Exception for certain property Such term shall not include any property to which section 168(g) applies. (c) Election An election under this section shall be made under rules similar to the rules of section 179(c). (d) Coordination with section 179 For purposes of section 179, Promise Zone property shall not be treated as section 179 property. (e) Application of other rules Rules similar to the rules of paragraphs (3), (4), (5), (7), (9), and (10) of section 179(d) shall apply for purposes of this section. (f) Taxpayer reporting This section shall not apply with respect to any taxpayer for any taxable year unless such taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to evaluate the effectiveness of the program established under this part. . (b) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the Promise Zone employment credit determined under section 1400V–2. . (2) The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: Part IV—Promise Zones . (c) Effective date The amendments made by this section shall apply to taxable years ending after December 31, 2014.
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113-hr-4942
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I 113th CONGRESS 2d Session H. R. 4942 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Ms. Titus (for herself, Mr. O’Rourke , Mr. Takano , Mr. Hastings of Florida , Ms. Kuster , Ms. Norton , and Mr. Ruiz ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to increase the number of graduate medical education residency positions at hospitals administered by the Secretary of Veterans Affairs.
1. Short title This Act may be cited as the Underserved Veterans Access to Health Care Act . 2. Increase of graduate medical education residency positions (a) In general Section 7302 of title 38, United States Code, is amended by adding at the end the following new subsection: (e) (1) In carrying out this section, the Secretary shall establish medical residency programs, or ensure a sufficient number of residency positions in medical residency programs, at medical facilities of the Department that the Secretary determines— (A) are experiencing a shortage of physicians; and (B) are located in communities that are designated as a health professional shortage area (as defined in section 332 of the Public Health Service Act ( 42 U.S.C. 254e )). (2) In carrying out paragraph (1), the Secretary shall— (A) determine the specialty of health care professionals that a location is experiencing a shortage of, including with respect to primary care and mental health; (B) allocate the residency positions under paragraph (1) based on such determination; and (C) notify Congress of the information used by the Secretary to make such determination. . (b) Five-Year goal During the five-year period beginning on the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish not fewer than 2,000 graduate medical education residency positions pursuant to section 7302(e) of title 38, United States Code, as added by subsection (a). In establishing such positions, the Secretary shall give priority to medical facilities of the Department of Veterans Affairs that— (1) as of the date of the enactment of this Act, do not have medical residency programs; and (2) are located in communities that have a high concentration of veterans.
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113-hr-4943
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I 113th CONGRESS 2d Session H. R. 4943 IN THE HOUSE OF REPRESENTATIVES June 23, 2014 Mr. Walz (for himself, Ms. McCollum , Mr. Womack , and Mr. Nolan ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve the training of child protection professionals.
1. Short title This Act may be cited as the National Child Protection Training Act . 2. Establishment of regional training centers (a) Regional training centers The Attorney General, through the Office of Juvenile Justice and Delinquency Prevention and in coordination with the National Child Protection Training Center, shall establish a program to sustain not less than 4 regional training centers affiliated with institutions of higher education. (b) Responsibilities The regional training centers described in subsection (a) shall— (1) develop model undergraduate curricula on recognizing and responding to cases of child maltreatment that is inter-disciplinary and that, at a minimum, consists of a 3-course certificate program or minor degree; (2) develop model graduate curricula on recognizing and responding to cases of child maltreatment for medical schools, law schools, seminaries, and other institutions of higher education that instruct students likely to become child protection professionals or other professionals required by law to report cases of child maltreatment; (3) after approval by the Attorney General, disseminate model undergraduate and graduate child maltreatment curricula to institutions of higher education, including graduate schools, law schools, and medical schools; (4) develop laboratory training facilities that include mock houses, medical facilities, courtrooms, and forensic interview rooms that allow for simulated, interactive, and intensive training of undergraduate or graduate students preparing for child protection careers as well as for training child protection professionals currently in the field (including child protection workers, child protection attorneys, medical and mental health professionals, law enforcement officers, forensic interviewers, and other professionals who work directly with maltreated children); (5) assist communities in developing evidence-based prevention programs; and (6) assist States in developing and maintaining forensic interview training programs. (c) Definition In this section, the term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
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113-hr-4944
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I 113th CONGRESS 2d Session H. R. 4944 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Johnson of Georgia (for himself and Mr. Smith of New Jersey ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the submission of a report to the Congress on parasitic disease among poor Americans.
1. Short title This Act may be cited as the Neglected Infections of Impoverished Americans Act of 2014 . 2. Report to Congress on the current state of parasitic diseases that have been overlooked among the poorest Americans (a) In general Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall report to the Congress on the epidemiology of, impact of, and appropriate funding required to address neglected diseases of poverty, including neglected parasitic diseases such as— (1) Chagas disease; (2) cysticercosis; (3) toxocariasis; (4) toxoplasmosis; (5) trichomoniasis; (6) the soil-transmitted helminths; and (7) other related parasitic diseases, as designated by the Secretary. (b) Required information The report under subsection (a) should provide the information necessary to guide future health policy to— (1) accurately evaluate the current state of knowledge concerning diseases described in such subsection and define gaps in such knowledge; and (2) address the threat of such diseases.
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113-hr-4945
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I 113th CONGRESS 2d Session H. R. 4945 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Bentivolio introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Appropriations and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of the Treasury to issue Transportation Bonds to fund transportation projects in each State, and for other purposes.
1. Short title This Act may be cited as the Repairing Our Aging Roads Act . 2. Transportation Bonds and Trust Funds (a) Authority To issue Transportation Bonds Section 3102 of title 31, United States Code, is amended by adding at the end the following new subsection: (f) Transportation Bonds (1) In general The Secretary is authorized to issue bonds under this section, to be known as Transportation Bonds . Transportation Bonds shall be issued for each of the 50 States and shall be separately identified with respect to each State. (2) Limitation The aggregate amount of Transportation Bonds issued with respect to each State shall not exceed $2,000,000,000. (3) Form Except as provided in paragraph (3), the bonds authorized by paragraph (1) shall be in such form and denominations, and shall be subject to such terms and conditions of issue, conversion, redemption, maturation, payment, and rate of interest as the Secretary may prescribe. (4) Maximum rate of interest The rate of interest on any bond authorized by paragraph (1) shall not exceed the rate of interest which is 0.25 percentage points less than the rate of interest which would apply with respect to an otherwise substantially identical bond authorized under subsection (a). . (b) Transportation Trust Funds (1) Establishment of Trust funds There is established in the Treasury of the United States 50 separate trust funds, consisting of such amounts as may be appropriated, credited, or transferred to each such trust fund as provided in this section or other provision of law. Such trust funds shall be established with respect to each of the 50 States and each shall be known as the State Transportation Trust Fund (where the name of the corresponding State is substituted for State ). For purposes of this subsection, any reference to each State Transportation Trust Fund shall be treated as a reference to each of the 50 trust funds established under this paragraph. (2) Transfers to trust funds There are hereby appropriated to each State Transportation Trust Fund amounts equivalent to all revenues derived from the sale and issuance of Transportation Bonds issued under section 3102 of title 31, United States Code, with respect to the corresponding State. (3) Expenditures from trust funds Amounts in each State Transportation Trust Fund shall be available, without need of further appropriation, for monthly disbursement to the corresponding State with respect to such Trust Fund. Such monthly disbursements shall be used by the corresponding State only for purposes of making expenditures to construct or improve transportation infrastructure in the corresponding State. (c) Prevention of State participation in Transportation Bonds program (1) In general The Secretary of the Treasury shall not issue any Transportation Bond under section 3102(f) of title 31, United States Code, as added by subsection (a), to any State or political subdivision thereof. (2) Denial of State benefit from indirect acquisitions Appropriations to any State Transportation Trust Fund under subsection (b)(2) shall be reduced by the amount of any revenues derived from the sale or issuance of any Transportation Bond to any person if such bond was acquired by such person with funds provided directly or indirectly by any State or political subdivision thereof. 3. Offsetting reduction in discretionary spending (a) Calculation On the last day of the first quarter during which Transportation Bonds are issued under section 3102(f) of title 31, United States Code (as added by subsection (a)), and on the last day of each quarter thereafter, the Secretary of the Treasury shall calculate the dollar amount of bonds issued during any such quarter. (b) Rescission On the first day of the quarter immediately following any quarter with respect to which a calculation is made under subsection (a), there is hereby rescinded an amount equal to the calculated dollar amount of— (1) the budget authority provided for any discretionary account in any appropriation Act for the fiscal year in which such first day occurs; and (2) the budget authority provided in any advance appropriation for any discretionary account in any prior year appropriation Act. (c) Proportionate application Any rescission made by subsection (b) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4945ih/xml/BILLS-113hr4945ih.xml
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113-hr-4946
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I 113th CONGRESS 2d Session H. R. 4946 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on the Judiciary A BILL To promote the tracing of firearms used in crimes, and for other purposes.
1. Short title This Act may be cited as the Crime Gun Tracing Act . 2. Definition Section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8 ) is amended by— (1) redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (2) inserting before paragraph (2), as redesignated, the following: (1) Bureau means the Bureau of Alcohol, Tobacco, Firearms, and Explosives. . 3. Incentives for tracing firearms used in crimes Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd ) is amended by striking subsection (c) and inserting the following: (c) Preferential consideration of applications for certain grants In awarding grants under this part, the Attorney General, where feasible— (1) may give preferential consideration to an application for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25-percent minimum under subsection (g); and (2) shall give preferential consideration to an application submitted by an applicant that has reported all firearms recovered during the previous 12 months by the applicant at a crime scene or during the course of a criminal investigation to the Bureau for the purpose of tracing, or to a State agency that reports such firearms to the Bureau for the purpose of tracing. . 4. Reporting of firearm tracing by applicants for Community Oriented Policing Services grants Section 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–1(c) ) is amended— (1) in paragraph (10), by striking and at the end; (2) in paragraph (11), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (12) specify— (A) whether the applicant recovered any firearms at a crime scene or during the course of a criminal investigation during the 12 months before the submission of the application; (B) the number of firearms described in subparagraph (A); (C) the number of firearms described in subparagraph (A) that were reported to the Bureau for tracing, or to a State agency that reports such firearms to the Bureau for tracing; and (D) the reason why any firearms described under subparagraph (A) were not reported to the Bureau for tracing, or to a State agency that reports such firearms to the Bureau for tracing. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4946ih/xml/BILLS-113hr4946ih.xml
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113-hr-4947
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I 113th CONGRESS 2d Session H. R. 4947 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Salmon (for himself and Mr. Olson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to delay the review and revision of the national ambient air quality standards for ozone.
1. Short title This Act may be cited as the Ozone Regulatory Delay and Extension of Assessment Length Act of 2014 or the ORDEAL Act of 2014 . 2. National ambient air quality standards Section 109(d) of the Clean Air Act ( 42 U.S.C. 7409(d) ) is amended— (1) in paragraph (1)— (A) in the first sentence, by striking (d)(1) Not later than December 31, 1980, and at five-year intervals and inserting the following: (d) Review and revision of criteria and standards; independent scientific review committee; appointment; advisory functions (1) Review and revision of criteria and standards (A) In general Except as provided in subparagraph (C), not later than December 31, 1980, and at 10-year intervals ; (B) in the second sentence, by striking The Administrator and inserting the following: (B) Early and frequent review and revision Except with respect to any national ambient air quality standard promulgated under this section for ozone concentrations, the Administrator ; and (C) by adding at the end the following: (C) National ambient air quality standards for ozone concentrations Not earlier than February 1, 2018, but not later than December 31, 2018, and at 10-year intervals thereafter, the Administrator shall, with respect to national ambient air quality standards for ozone concentrations— (i) complete a thorough review of any standard promulgated under this section; and (ii) make revisions to the standards described in clause (i) and promulgate new standards as may be appropriate in accordance with section 108 and subsection (b). ; and (2) in paragraph (2)(B)— (A) by striking (B) Not later than January 1, 1980, and at five-year intervals and inserting the following: (B) Review (i) In general Except as provided in clause (ii), not later than January 1, 1980, and at 10-year intervals ; and (B) by adding at the end the following: (ii) National ambient air quality standards for ozone concentrations Not earlier than February 1, 2018, and at 10-year intervals thereafter, the committee referred to in subparagraph (A) shall, with respect to national ambient air quality standards for ozone concentrations— (I) complete a review of any standard promulgated under this section; and (II) recommend to the Administrator any new standard and any revision to the standards described in subclause (I) as may be appropriate under section 108 and subsection (b). .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4947ih/xml/BILLS-113hr4947ih.xml
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113-hr-4948
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I 113th CONGRESS 2d Session H. R. 4948 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on 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 provide for emergency supplemental appropriations for the Office of the Inspector General of the Department of Veterans Affairs.
1. Short title This Act may be cited as the VA Investigation and Accountability Act . 2. Supplemental appropriation for the Office of the Inspector General of the Department of Veterans Affairs The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2014: Department of Veterans Affairs Departmental Administration Office of Inspector General For an additional amount for Office of Inspector General , $12,000,000: Provided , That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4948ih/xml/BILLS-113hr4948ih.xml
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113-hr-4949
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I 113th CONGRESS 2d Session H. R. 4949 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Cárdenas (for himself and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 establish the National Office of New Americans to support the integration of immigrants to the United States into the economic, social, cultural, and civic life of their local communities and the Nation, and for other purposes.
1. Short title This Act may be cited as the New American Success Act of 2014 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings and declaration of policy. Title I—Citizenship and New Americans Sec. 101. National Office of New Americans. Sec. 102. Task Force on New Americans. Sec. 103. Authorization of appropriations. Title II—Grants Sec. 201. Initial Entry, Adjustment, and Citizenship Assistance Grants. Sec. 202. Integration Success Grants. Sec. 203. Integration Success Fund. Title III—English Language Learning Sec. 301. Waiver of English requirement for senior new Americans. Title IV—Rulemaking Sec. 401. Rulemaking requirement. 3. Findings and declaration of policy (a) Findings Congress makes the following findings: (1) According to the Migration Policy Institute, there are 13,400,000 non-citizen residents in the United States with limited proficiency in English. (2) According to the Department of Homeland Security, approximately 1,100,000 legal immigrants enter the country annually. About half of these legal immigrants lack full proficiency in English. (3) According to the Migration Policy Institute, an estimated 70 percent of the unauthorized immigrant population ages 19 and older have limited proficiency in English. (4) According to the Bureau of Labor Statistics, more than two-thirds of the foreign-born population does not have a postsecondary degree, and foreign-born adults are three times more likely to lack a high school diploma or equivalent than native-born adults. (5) According to the Bureau of Labor Statistics, 19 of the 30 fastest growing occupations require workers with some form of postsecondary education or training. (6) These statistics suggest that a lack of English proficiency and limited education serve as serious impediments to labor market success for immigrants. (7) A century ago, during the last great wave of immigration to this country, the public and private sectors promoted the integration of newcomers through the Settlement House movement, the founding of the modern public library system, the establishment of universal public education. (8) Although currently dozens of Federal and State programs support, and thousands of government agencies and nonprofit organizations operate, programs that teach English, promote acquisition of workforce skills, provide citizenship assistance, and otherwise promote the integration of immigrants and their children, such programs are often not coordinated or aligned, limiting the capacity of such programs to identify and test promising practices, leverage resources, or bring effective interventions to scale. (9) It is in the national interest to facilitate the rapid acquisition of English language skills by immigrants to the United States and to otherwise promote the integration of immigrants and their children into the mainstream of our economy and society. (10) Empowering immigrants and their family members to effectively integrate into the mainstream of the economic, social, cultural, and civic life of their local communities and the Nation as a whole will ensure that United States immigration policies result in more productive and competitive local economies and more cohesive and harmonious communities. (11) Data, policies, and programs relevant to immigrant integration crosscut the responsibilities of numerous Federal agencies as well as those of State and local governments and nongovernmental actors. (12) The overlapping nature of integration issues and the lack of coordination of immigration policies and programs make it difficult for the President and Congress to understand and respond to pressing integration challenges and opportunities. (13) Improved coordination of integration goals, policies, and programs across sectors and levels of government would greatly enhance the ability of the Federal Government to create and maintain an immigration system that is more suited to modern times and benefits the interests of the Federal Government, communities with growing immigrant populations, as well as immigrants and their family members. (b) Declaration of policy It is the policy of the United States to— (1) promote the civic, linguistic, and economic integration of immigrants and their young children into the United States; (2) establish national goals for integrating immigrants and their young children into the United States, and measure the degree to which such goals are met; (3) assess and coordinate Federal policies, regulations, and programs related to the integration of immigrants, including an assessment of Federal agency jurisdiction and budget concerns; (4) consult with State and local governments on integration challenges and opportunities for the purpose of improving Federal integration policy and program efforts; (5) track the performance of Federal, State, and local integration initiatives, including measures of reach, effectiveness, and cost; and (6) engage stakeholders at different government and nongovernment levels to identify integration opportunities and challenges. I Citizenship and New Americans 101. National Office of New Americans (a) Establishment of National Office of New Americans (1) In general There is established in the Executive Office of the President a National Office of New Americans (in this title referred to as the Office ). (2) Appointment of directors There shall be at the head of the Office a Director appointed by the President (in this title referred to as the Director ). The President is authorized to appoint a Deputy Director and such Assistant Directors as the President determines to be necessary. (b) Functions The functions of the Office are— (1) to oversee and coordinate the efforts of Federal, State, and local entities to ensure the effective economic, linguistic, and civic integration of immigrants and their children; (2) to provide advice and leadership to the President, Congress, and other Federal Government officials on the challenges and opportunities facing such entities with regards to immigrant integration; (3) to establish national goals for immigrant integration and measure the degree to which such goals are met; (4) to serve as a member of the Domestic Policy Council; (5) to cooperate closely with the Office of Management and Budget and other relevant executive agencies and departments to analyze the impact of immigration policies and of immigrant integration efforts on the Federal budget; (6) to evaluate the scale, quality, and effectiveness of Federal Government efforts concerning immigrant integration; (7) to identify the anticipated effects of new Federal immigration policies on existing integration efforts and advise the President on how to address any potential integration needs or impacts resulting from such policies; (8) to consult on a biannual basis with State and local government officials on the immigrant integration challenges and opportunities facing State and units of local government; (9) to consult with the Secretaries and Directors identified in title II on the administration of the grant programs established by such title; and (10) to submit to the President and the appropriate congressional committees a biannual report that describes the activities of the Office and the results of the consultation process provided in paragraph (8). (c) Deadline for establishment The Office shall begin operating not later than one year after the date of the enactment of this Act. 102. Task Force on New Americans (a) Establishment (1) In general The Director shall establish within the Office of New Americans a Task Force on New Americans. (2) Deadline for establishment The Task Force shall be fully operational not later than 18 months after the date of the enactment of this Act. (b) Purpose The purposes of the Task Force are— (1) to establish a coordinated Federal program to respond effectively to immigrant integration issues; and (2) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. (c) Membership The Task Force shall be comprised of— (1) the Director, who shall serve as Chair of the Task Force; (2) the Secretary of the Treasury; (3) the Attorney General; (4) the Secretary of Commerce; (5) the Secretary of Labor; (6) the Secretary of Health and Human Services; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Education; (9) the Secretary of Homeland Security; (10) the Director of the Small Business Administration; (11) the Director of the Office of Management and Budget; (12) the Director of the Bureau of Consumer Financial Protection; and (13) any other individual the Director of the National Office of New Americans invites to participate who occupies a position listed under level I or II of the Executive Schedule, as provided in sections 5312 and 5313 of title 5, United States Code. (d) Duties (1) In General The Task Force shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. (2) Coordinated response to immigrant issues The Task Force shall work with executive agencies and departments to provide a coordinated Federal response to adequately address issues that affect the lives of new immigrants and local communities with growing immigrant populations, including— (A) early childhood care and education; (B) elementary, secondary and postsecondary education; (C) adult education and workforce training; (D) health care; (E) naturalization; and (F) economic development. (3) Liaison with Federal agencies (A) In General Each member of the Task Force shall serve as a liaison to the respective agency of the member to ensure that the agency participates in the activities of the Task Force in a timely and meaningful manner. (B) Duties of a Liaison The duties of each member as an agency liaison include— (i) creating immigrant integration goals within the agency; (ii) creating immigration integration indicators within the agency; (iii) implementing the biannual consultation process described in section 101(b)(8) by consulting with the State and local counterparts of the agency; and (iv) reporting to the Task Force on the progress made by the agency in achieving the goals and indicators described in clauses (i) and (ii). (4) Recommendations of the Task Force (A) Report The Director of the Task Force shall submit to Congress a report that includes the following: (i) Findings from the consultation process described in section 101(b)(8), including a description of the immigrant integration challenges and opportunities facing States and units of local government. (ii) Recommendations on the effects of pending legislation and executive branch policy proposals related to immigration. (iii) Suggestions for changes to Federal programs or policies that have a negative impact on new immigrants and local communities with growing immigrant populations, in comparison to the general population. (iv) Recommendations on legislative solutions to promote immigrant integration. (B) Reporting Deadline (i) Report required Except as provided in clause (ii), the Task Force shall submit a report required by subparagraph (A) not later than 18 months after the Task Force is fully operational and every two years thereafter. (ii) Exception The Task Force is not required to submit a report described in clause (i) if the total number of aliens issued immigrant visas or granted permanent residence under section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), including individuals subject and not subject to numerical limitations for admission, is less than 500,000 at any time during a period of two years ending on the required submission date of such report pursuant to clause (i). 103. Authorization of appropriations In addition to any amounts otherwise made available to the Office, there are authorized to be appropriated such sums as may be necessary to carry out this title. II Grants 201. Initial Entry, Adjustment, and Citizenship Assistance Grants (a) Authorization The Director of Citizenship and Immigration Services, in consultation with the Director of the National Office of New Americans, shall award Initial Entry, Adjustment, and Citizenship Assistance grants to eligible entities. (b) Eligibility An entity eligible to receive a grant under this section is a unit of local government, private organization, community-based organization, or not-for-profit organization— (1) that provides authorized direct legal assistance to immigrants to the United States; and (2) that submits to the Director of Citizenship and Immigration Services an application at such time, in such manner, and containing such information as such Director, in consultation with the Director of the National Office of New Americans, may reasonably require. (c) Use of funds (1) In General Funds awarded under this section may be used to provide to an eligible non-citizen legal assistance relating to the immigration status of such non-citizen, or related services. Such assistance may include— (A) screening to assess the eligibility of a prospective applicant seeking a change in immigration status; (B) completing immigration applications; (C) gathering proof of identification, employment, residence, and tax payment; (D) gathering proof of relationships to eligible family members; (E) applying for any waivers for which an applicant and qualifying family members may be eligible; and (F) advising an applicant on the rights and responsibilities of United States citizenship. (2) Immigrants eligible for assistance A non-citizen is eligible to receive the assistance described in paragraph (1) if such non-citizen is— (A) seeking to become a permanent resident or naturalized citizen; or (B) seeking relief from removal and authorization to remain in the United States lawfully and permanently. (d) Priority In awarding grants under this section, priority shall be given to— (1) entities that demonstrate intent to use grant funds to serve individuals living in a State with a foreign-born population of not less than 5 percent that has experienced an increase that is higher than the national average in the population of non-citizen residents during the most recent 10-year period, based on data compiled by the Office of Immigration Statistics or the United States Census Bureau, or units of local government located within such State; or (2) entities that demonstrate intent to use grant funds to serve individuals living in any of the 10 States with the highest number of non-citizen residents, based on data compiled by the Office of Immigration Statistics or the United States Census Bureau, or units of local government located within such State. (e) Certification In order to receive a payment under this section, a participating entity shall submit to the Director of Citizenship and Immigration Services a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Director of Citizenship and Immigration Services in consultation with the Director of the National Office of New Americans. (f) Annual report and evaluation Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Director of Citizenship and Immigration Services the following: (1) A report that describes— (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the geographic area or areas served by the grant funds; (C) an estimate of the number of non-citizens living in the jurisdiction or service area of the entity, which demonstrates that the entity made a reasonable effort to determine such number; (D) the number of non-citizens receiving assistance that was funded entirely or partially by grant funds received by the entity; and (E) the primary languages spoken in the jurisdiction or service area of the entity. (2) An evaluation of any program of the entity using grant funds under this section, including an assessment of— (A) the effectiveness of such program and recommendations for improving the program; (B) the future needs of immigrants to the United States; and (C) the future needs of States and units of local government related to immigrant integration. (g) State defined In this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (h) Effective period This section shall be in effect for a period of 10 fiscal years beginning with fiscal year 2016. 202. Integration Success Grants (a) Grants Authorized The Secretary of Education, the Secretary of Labor, and the Secretary of Health and Human Services, in consultation with the Director of the National Office of New Americans (in this section referred to as the Director ), may jointly provide grants on a competitive basis to improve the economic, linguistic, and civic integration of immigrants and their children. (b) Eligibility An entity eligible to receive a grant under this section is a State, or a unit of local government working in partnership with a not-for-profit organization or community-based organization, that submits to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries, in consultation with the Director, may reasonably require, which may include— (1) a proposal outlining the methods the entity intends to use to effectively carry out the activities funded by the grant; (2) a sociodemographic profile of non-citizens living within the jurisdiction or service area of the entity; and (3) a description of opportunities and challenges in improving the economic, linguistic, and civic integration of immigrants. (c) Use of Funds An entity awarded a grant under this section may use the grant funds— (1) to expand access to, and improve the quality of, programs supporting the economic advancement of immigrants in areas that include financial literacy, small business development, employment navigation, and training opportunities; (2) to expand programs that provide basic adult education and contextualized English language skills that improve the literacy, numeracy, workforce skills, and educational attainment of immigrants over the age of 18; (3) to expand access to programs that assist immigrants in obtaining recognized postsecondary credentials or employment, or in building measurable skills to lead to the attainment of an industry-recognized credential or certificate; and (4) to educate immigrants about United States history, civics, citizenship rights and responsibilities, democracy, opportunities to engage in the civic life of their community, unit of local government, and State, and the navigation of local systems that support the economic, linguistic, and civic integration of individuals and families. (d) Priority In awarding grants under this section, priority shall be given to— (1) an entity that uses not less than ten percent of matching funds from non-Federal sources; (2) an entity that collaborates with at least one public or private entity to carry out a comprehensive plan to improve the coordination of relevant immigrant integration services and accelerate the integration progress; and (3) a State— (A) that has a foreign born population of not less than 5 percent and that has experienced an increase in non-citizen residents that is higher than the national average during the most recent 10-year period, based on data compiled by the Office of Immigration Statistics or the United States Census Bureau, or a unit of local government located within such State; or (B) that is one of the 10 States with the highest number of non-citizen residents, based on data compiled by the Office of Immigration Statistics or the United States Census Bureau, or a unit of local government located within such State. (e) Certification In order to receive a payment under this section, a participating entity shall provide the Secretaries with a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Secretaries in consultation with the Director. (f) Annual report and evaluation Not later than 90 days after the end of each fiscal year for which an entity receives a grant under this section, such entity shall submit to the Secretaries the following: (1) A report that describes— (A) the activities undertaken by the entity; (B) the geographic area or areas served by the grant funds; and (C) a description of the sociodemographic characteristics of individuals served by the grant funds; and (2) An evaluation of any program of the entity that receives grant funds, including an assessment of— (A) the effectiveness of such program and recommendations for improving the program; (B) the future needs of immigrants to the United States; and (C) the future needs of States and units of local government related to immigrant integration. (g) Annual report to States The Director of the National Office of New Americans shall inform each State annually of the amount of funds available to such State under this section. (h) State defined In this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (i) Effective period This section shall be in effect for a period of 10 fiscal years beginning with fiscal year 2016. 203. Integration Success Fund (a) In General There is established in the Treasury an account known as the Integration Success Fund . (b) Authorization of appropriations There are authorized to be appropriated to the Integration Success Fund such funds as may be necessary to carry out this title. (c) Gifts, bequests, and devises The Director of the National Office of New Americans may solicit, accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of awarding grants established under sections 201 and 202. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Integration Success Fund established by subsection (a) and shall be available for disbursement to eligible entities in accordance with this title. III English Language Learning 301. Waiver of English requirement for senior new Americans Section 312 of the Immigration and Nationality Act ( 8 U.S.C. 1423 ) is amended by striking subsection (b) and inserting the following: (b) The requirements under subsection (a) shall not apply to any person who— (1) is unable to comply with such requirements because of physical or mental disability, including developmental or intellectual disability; or (2) on the date on which the person's application for naturalization is filed under section 334— (A) is older than 65 years of age; and (B) has been living in the United States for periods totaling at least 5 years after being lawfully admitted for permanent residence. (c) The requirement under subsection (a)(1) shall not apply to any person who, on the date on which the person's application for naturalization is filed under section 334— (1) is older than 50 years of age and has been living in the United States for periods totaling at least 20 years after being lawfully admitted for permanent residence; (2) is older than 55 years of age and has been living in the United States for periods totaling at least 15 years after being lawfully admitted for permanent residence; or (3) is older than 60 years of age and has been living in the United States for periods totaling at least 10 years after being lawfully admitted for permanent residence. (d) The Secretary of Homeland Security may waive, on a case-by-case basis, the requirement under subsection (a)(2) on behalf of any person who, on the date on which the person's application for naturalization is filed under section 334— (1) is older than 60 years of age; and (2) has been living in the United States for periods totaling at least 10 years after being lawfully admitted for permanent residence. . IV Rulemaking 401. Rulemaking requirement (a) In General Subject to subsection (b), not later than 180 days after the date of the enactment of this Act, each person or persons responsible for carrying out a provision of this Act or an amendment made by this Act shall promulgate regulations to carry out such provision. (b) Consultation with National Office of New Americans For each provision of this Act for which the Director of the National Office of New Americans is not the person responsible for carrying out such provision, the responsible person or persons shall consult with the Director in promulgating the regulations described in subsection (a).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4949ih/xml/BILLS-113hr4949ih.xml
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113-hr-4950
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I 113th CONGRESS 2d Session H. R. 4950 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Heck of Washington (for himself, Mr. Barber , Mr. Barrow of Georgia , Ms. Bass , Mrs. Beatty , Mr. Bera of California , Mr. Bishop of Georgia , Mr. Bishop of New York , Mr. Blumenauer , Ms. Bonamici , Ms. Bordallo , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Ms. Brown of Florida , Ms. Brownley of California , Mrs. Bustos , Mr. Butterfield , Mrs. Capps , Mr. Capuano , Mr. Cárdenas , Mr. Carney , Mr. Carson of Indiana , Mr. Cartwright , Ms. Castor of Florida , Mr. Castro of Texas , Ms. Chu , Mr. Cicilline , Ms. Clark of Massachusetts , Ms. Clarke of New York , Mr. Clay , Mr. Cleaver , Mr. Clyburn , Mr. Cohen , Mr. Connolly , Mr. Conyers , Mr. Cooper , Mr. Costa , Mr. Courtney , Mr. Crowley , Mr. Cuellar , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mrs. Davis of California , Mr. DeFazio , Ms. DeGette , Mr. Delaney , Ms. DeLauro , Ms. DelBene , Mr. Deutch , Mr. Dingell , Mr. Doyle , Ms. Duckworth , Ms. Edwards , Mr. Ellison , Mr. Engel , Mr. Enyart , Ms. Eshoo , Ms. Esty , Mr. Farr , Mr. Fattah , Mr. Faleomavaega , Mr. Foster , Ms. Frankel of Florida , Ms. Fudge , Ms. Gabbard , Mr. Gallego , Mr. Garamendi , Mr. Garcia , Mr. Al Green of Texas , Mr. Gene Green of Texas , Mr. Grijalva , Mr. Gutiérrez , Ms. Hahn , Ms. Hanabusa , Mr. Hastings of Florida , Mr. Higgins , Mr. Himes , Mr. Hinojosa , Mr. Holt , Mr. Honda , Mr. Horsford , Mr. Hoyer , Mr. Huffman , Mr. Israel , Ms. Jackson Lee , Mr. Jeffries , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Ms. Kaptur , Mr. Keating , Ms. Kelly of Illinois , Mr. Kennedy , Mr. Kildee , Mr. Kilmer , Mr. Kind , Mrs. Kirkpatrick , Ms. Kuster , Mr. Langevin , Mr. Larsen of Washington , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Levin , Mr. Lewis , Mr. Lipinski , Mr. Loebsack , Ms. Lofgren , Mr. Lowenthal , Mrs. Lowey , Mr. Ben Ray Luján of New Mexico , Ms. Michelle Lujan Grisham of New Mexico , Mr. Lynch , Mr. Maffei , Mrs. Carolyn B. Maloney of New York , Mr. Sean Patrick Maloney of New York , Mr. Matheson , Ms. Matsui , Mrs. McCarthy of New York , Ms. McCollum , Mr. McDermott , Mr. McGovern , Mr. McNerney , Mr. Meeks , Ms. Meng , Mr. Michaud , Mr. George Miller of California , Ms. Moore , Mr. Moran , Mr. Murphy of Florida , Mr. Nadler , Mrs. Napolitano , Mr. Neal , Mrs. Negrete McLeod , Mr. Nolan , Ms. Norton , Mr. O’Rourke , Mr. Owens , Mr. Pallone , Mr. Pascrell , Mr. Pastor of Arizona , Mr. Payne , Ms. Pelosi , Mr. Perlmutter , Mr. Peters of Michigan , Mr. Peters of California , Mr. Peterson , Mr. Pierluisi , Ms. Pingree of Maine , Mr. Pocan , Mr. Polis , Mr. Price of North Carolina , Mr. Quigley , Mr. Rangel , Mr. Richmond , Ms. Roybal-Allard , Mr. Ruiz , Mr. Ruppersberger , Mr. Rush , Mr. Ryan of Ohio , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Mr. Sarbanes , Ms. Schakowsky , Mr. Schiff , Mr. Schneider , Mr. Schrader , Ms. Schwartz , Mr. Scott of Virginia , Mr. David Scott of Georgia , Mr. Serrano , Ms. Sewell of Alabama , Ms. Shea-Porter , Mr. Sherman , Ms. Sinema , Mr. Sires , Ms. Slaughter , Mr. Smith of Washington , Ms. Speier , Mr. Swalwell of California , Mr. Takano , Mr. Thompson of Mississippi , Mr. Thompson of California , Mr. Tierney , Ms. Titus , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Mr. Vargas , Mr. Veasey , Mr. Vela , Mr. Visclosky , Mr. Walz , Ms. Wasserman Schultz , Ms. Waters , Mr. Waxman , Mr. Welch , Ms. Wilson of Florida , Mr. Yarmuth , Mr. McIntyre , Mr. Sablan , Mrs. Christensen , and Mr. Rahall ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reauthorize the Export-Import Bank of the United States for 7 years, and for other purposes.
1. Short title This Act may be cited as the Protecting American Jobs and Exports Act . 2. General extension of authority Section 7 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635f ) is amended by striking 2014 and inserting 2021 . 3. Increases in limitations on outstanding loans, guarantees, and insurance Section 6(a)(2) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a)(2) ) is amended to read as follows: (2) Applicable amount In this subsection, the term applicable amount means— (A) during fiscal year 2014, $140,000,000,000; (B) during fiscal year 2015, $145,000,000,000; (C) during fiscal year 2016, $150,000,000,000; (D) during fiscal year 2017, $155,000,000,000; (E) during fiscal year 2018, $160,000,000,000; (F) during fiscal year 2019, $165,000,000,000; (G) during fiscal year 2020, $170,000,000,000; and (H) during fiscal year 2021, $175,000,000,000, except that, with respect to each such fiscal year, if the rate calculated under section 8(g)(1) is more than 2 percent for the quarter ending with the beginning of the fiscal year, or for any quarter in the fiscal year, then the dollar amount in effect under this paragraph for the fiscal year shall be the amount so in effect for the then most recent fiscal year in which the rate never exceeded 2 percent. . 4. Dual use exports Section 1(c) of Public Law 103–428 ( 12 U.S.C. 635 note) is amended by striking 2014 and inserting 2021 . 5. Effective date The amendments made by this Act shall take effect on October 1, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4950ih/xml/BILLS-113hr4950ih.xml
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113-hr-4951
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I 113th CONGRESS 2d Session H. R. 4951 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Bera of California (for himself and Mr. Meadows ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes.
1. Short title This Act may be cited as the Doctors Helping Heroes Act of 2014 . 2. Conrad state 30 program Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416; 8 U.S.C. 1182 note) is amended by striking and before September 30, 2015 . 3. Retaining physicians who have practiced in medically underserved communities Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) (i) Alien physicians who have completed service requirements of a waiver requested under section 203(b)(2)(B)(ii), including alien physicians who completed such service before the date of the enactment of the Conrad State 30 and Physician Access Act and any spouses or children of such alien physicians. (ii) Nothing in this subparagraph may be construed— (I) to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) or the filing of an application for adjustment of status under section 245 by an alien physician described in this subparagraph prior to the date by which such alien physician has completed the service described in section 214(l) or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l) waiver or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or (II) to permit the Secretary of Homeland Security to grant such a petition or application until the alien has satisfied all the requirements of the waiver received under section 214(l). . 4. Employment protections for physicians (a) In general Section 214(l)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(C) ) is amended by striking clauses (i) and (ii) and inserting the following: (i) the alien demonstrates a bona fide offer of full-time employment, at a health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; and (ii) the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals by the later of the date that is 90 days after receiving such waiver, 90 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1), or 90 days after receiving nonimmigrant status or employment authorization, and agrees to continue to work for a total of not less than 3 years in any status authorized for such employment under this subsection unless— (I) the Secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization, in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization, for the remainder of such 3-year period; (II) the interested State agency that requested the waiver attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the Secretary of Health and Human Services, for the remainder of such 3-year period; or (III) if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause (I) or (II), the alien terminates the alien’s employment relationship with such facility or organization, in which case the alien shall be employed for the remainder of such 3-year period, and 1 additional year for each termination, at another health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and . (b) Contract requirements Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ) is amended by adding at the end the following: (4) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that— (A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; (B) specifies whether the contracting facility or organization will pay for the alien’s malpractice insurance premiums, including whether the employer will provide malpractice insurance and, if so, the amount of such insurance that will be provided; (C) describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and (D) does not include a non-compete provision. (5) An alien granted a waiver under paragraph (1)(C) whose employment relationship with a health facility or health care organization terminates during the 3-year service period required by such paragraph— (A) shall have a period of 120 days beginning on the date of such termination of employment to submit to the Secretary of Homeland Security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (B) shall be considered to be maintaining lawful status in an authorized stay during the 120-day period referred to in subsection (A). . 5. Allotment of conrad 30 waivers (a) In general Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ), as amended by section 4(b), is further amended by adding at the end the following: (6) (A) (i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. (ii) When an allocation has occurred under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. (B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case— (i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and (ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30. . (b) Academic medical centers Section 214(l)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(D) ) is amended— (1) in clause (ii), by striking and at the end; (2) in clause (iii), by striking the period at the end and inserting ; ; and (3) by adding at the end the following: (iv) in the case of a request by an interested State agency— (I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (II) the head of such agency determines that— (aa) the alien physician’s work is in the public interest; and (bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3; and . 6. Amendments to the procedures, definitions, and other provisions related to physician immigration (a) Dual intent for physicians seeking graduate medical training Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ) is amended by striking (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) and inserting (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i), except subclause (b1) of such section, and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j)) . (b) Allowable visa status for physicians fulfilling waiver requirements in medically underserved areas Section 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(2)(A) ) is amended by striking an alien described in section 101(a)(15)(H)(i)(b). and inserting any status authorized for employment under this Act. . (c) Physician national interest waiver clarifications (1) Practice and geographic area Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(B)(ii)(I) ) is amended by striking items (aa) and (bb) and inserting the following: (aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or (bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician's work was or will be in the public interest. . (2) Five-year service requirement Section 203(b)(2)(B)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)(II)) is amended— (A) by inserting (aa) after (II) ; and (B) by adding at the end the following: (bb) The 5-year service requirement of item (aa) shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. (cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served, nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection. (dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition. . (d) Technical clarification regarding advanced degree for physicians Section 203(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(A) ) is amended by adding at the end An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent. . (e) Short-Term work authorization for physicians completing their residencies A physician completing graduate medical education or training as described in section 212(j) of the Immigration and Nationality Act ( 8 U.S.C. 1182(j) ) as a nonimmigrant described in section 101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have such nonimmigrant status automatically extended until October 1 of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and where the employment start date for the beneficiary of such petition is October 1 of that fiscal year. Such physician shall be authorized to be employed incident to status during the period between the filing of such petition and October 1 of such fiscal year. However, the physician’s status and employment authorization shall terminate 30 days from the date such petition is rejected, denied or revoked. A physician’s status and employment authorization will automatically extend to October 1 of the next fiscal year if all visas as described in such section 101(a)(15)(H)(i) authorized to be issued for the fiscal year have been issued. (f) Applicability of section 212( e ) to spouses and children of J–1 exchange visitors A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(J) ) shall not be subject to the requirements of section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)). 7. Veterans health centers Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ), as amended by this Act, is further amended— (1) in paragraph (1)— (A) in subparagraph (B), by inserting before the semicolon at the end the following: , except as otherwise provided under subparagraph (E) ; and (B) by adding at the end the following: (E) in the case of a request by an interested State agency— (i) if the Secretary of Veterans Affairs determines that facilities of the Department are not capable of furnishing covered health services to eligible veterans because such facilities lack— (I) the required personnel who are appropriately trained and experienced; or (II) the ability to provide timely and reasonable access; (ii) the head of such State agency determines that— (I) the alien is to practice medicine in a Veterans Health Administration Facility; and (II) the alien physician’s work is in the public interest; and (iii) the grant of such waiver would not cause the number of waivers allotted for that State for that fiscal year under this subparagraph to exceed 5. ; and (2) by adding at the end the following: (7) For purposes of paragraph (1)(E)— (A) the term covered health services means, with respect to an eligible veteran, any hospital care, medical service, rehabilitative service, or preventative health service that is authorized to be provided by the Secretary to the veteran under chapter 17 of title 38, United States Code, or any other provision of law; and (B) the term eligible veteran means a veteran enrolled in the health care system established under section 1705(a) of title 38, United States Code, who elects to receive care under section 1703. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4951ih/xml/BILLS-113hr4951ih.xml
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113-hr-4952
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I 113th CONGRESS 2d Session H. R. 4952 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Griffith of Virginia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the unauthorized remote shut down of a cellular phone.
1. Short title This Act may be cited as the Cell Phone Freedom Act of 2014 . 2. Unauthorized remote shutdown of a mobile device (a) In general Chapter 13 of title 18, United States Code, is amended by adding at the end the following: 250. Unauthorized remote shutdown of a mobile device (a) In general Whoever, being an officer or employee of the United States, any State, Territory, Commonwealth, Possession, or District, or of any department or agency thereof, knowingly causes a mobile device phone to be shut down without the consent of the owner or account holder of that mobile device phone or without the order of a court authorizing such shut down shall be imprisoned not more than 5 years or fined under this title, or both, and shall be removed from such office or employment. (b) Definitions In this section— (1) the term account holder , with respect to a mobile device— (A) means the person who holds the account through which commercial mobile service or commercial mobile data service is provided on the device; and (B) includes a person authorized by the person described in subparagraph (A) to take actions with respect to the device; (2) the term commercial mobile data service means any mobile service (as defined in Section 3 of the Communications Act of 1934) that is— (A) a data service; (B) provided for profit; and (C) available to the public or such classes of eligible users as to be effectively available to a substantial portion of the public, as specified by regulation by the Commission; (3) the term commercial mobile service has the meaning given the term in section 332 of Communications Act of 1934; (4) the term mobile device means a personal electronic device on which commercial mobile service or commercial mobile data service is provided; and (5) the term shut down means to make use of a hardware or software function to remotely— (A) delete or render inaccessible from the device all information relating to the account holder that has been placed on the device; (B) render the device inoperable on the network of any provider of commercial mobile service or commercial mobile data service globally, even if the device is turned off or has the data storage medium removed; (C) prevent the device from being reactivated or reprogrammed without a passcode or similar authorization after the device has been— (i) rendered inoperable as described in subparagraph (B); or (ii) subject to an unauthorized factory reset; and (D) reverse any action described in subparagraph (A), (B), or (C) if the device is recovered by the account holder. . (b) Clerical amendment The table of sections for such chapter is amended by adding at the end the following: 250. Unauthorized remote shutdown of a mobile device. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4952ih/xml/BILLS-113hr4952ih.xml
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113-hr-4953
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I 113th CONGRESS 2d Session H. R. 4953 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mrs. Noem introduced the following bill; which was referred to the Committee on the Judiciary A BILL To grant a Federal charter to the National American Indian Veterans, Incorporated.
1. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated (a) In general Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following new chapter: 1504 National American Indian Veterans, Incorporated Sec. 150401. Organization 150402. Purposes 150403. Membership 150404. Board of directors 150405. Officers 150406. Nondiscrimination 150407. Powers 150408. Exclusive right to name, seals, emblems, and badges 150409. Restrictions 150410. Duty to maintain tax-exempt status 150411. Records and inspection 150412. Service of process 150413. Liability for acts of officers and agents 150414. Failure to comply with requirements 150415. Annual report 150401. Organization (a) Federal Charter The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (in this chapter referred to as the corporation ), is a federally chartered corporation. (b) Independent status of corporation The corporation is not an agency or instrumentality of the Federal Government. 150402. Purposes The purposes of the corporation are those stated in its articles of incorporation, constitution, and bylaws, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian, Alaska Native, and Native Hawaiian Nations; (2) to unite under one body all American Indian, Alaska Native, and Native Hawaiian veterans who served in the Armed Forces of United States; (3) to be an advocate on behalf of all American Indian, Alaska Native, and Native Hawaiian veterans without regard to whether they served during times of peace, conflict, or war; (4) to be an advocate for all veterans suffering from service-connected disabilities; (5) to promote social welfare (including educational, economic, social, physical, cultural values, and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (6) to serve as an advocate for the needs of American Indian, Alaska Native, and Native Hawaiian veterans, their families, or survivors in their dealings with all Federal and State Government agencies; (7) to promote, support, and use research, on a nonpartisan basis, pertaining to the relationship between the American Indian, Alaska Native, and Native Hawaiian veterans and American society; and (8) to provide technical assistance to all regional areas without veterans committees or organizations and programs by— (A) providing outreach service to those tribes in need; and (B) training and educating Tribal Veterans Service Officers for those tribes in need. 150403. Membership (a) In General Subject to subsection (b) and section 150406 of this title, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. (b) Limitation Eligibility for membership in the corporation and the rights and privileges of members shall not be determined by the Federal Government. 150404. Board of directors Subject to section 150406 of this title, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. 150405. Officers Subject to section 150406 of this title, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. 150406. Nondiscrimination In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. 150407. Powers The corporation shall have only those powers granted the corporation through its articles of incorporation and its constitution and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated. 150408. Exclusive right to name, seals, emblems, and badges (a) In general The corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated and National American Indian Veterans , and such seals, emblems, and badges as the corporation may lawfully adopt. (b) Construction Nothing in this section shall be construed to interfere or conflict with established or vested rights. 150409. Restrictions (a) Stock and dividends The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (b) Distribution of income or assets (1) No part of the income or assets of the corporation shall inure to any person who is a member, officer, or director of the corporation or be distributed to any such person during the life of the charter granted by this chapter. (2) Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans The corporation shall not make any loan to any officer, director, member, or employee of the corporation. (d) No Federal endorsement The corporation shall not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of its activities. 150410. Duty to maintain tax-exempt status The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. 150411. Records and inspection (a) Records The corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors; and (3) at its principal office, a record of the names and addresses of all members having the right to vote. (b) Inspection (1) All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such member, for any proper purpose, at any reasonable time. (2) Nothing in this section shall be construed to contravene the laws of the jurisdiction under which the corporation is incorporated or the laws of those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories. 150412. Service of process With respect to service of process, the corporation shall comply with the laws of the jurisdiction under which the corporation is incorporated and those jurisdictions within which the corporation carries on its activities in furtherance of its purposes within the United States and its territories. 150413. Liability for acts of officers and agents The corporation shall be liable for the acts of the officers and agents of the corporation when such individuals act within the scope of their authority. 150414. Failure to comply with requirements If the corporation fails to comply with any of the restrictions or provisions of this chapter, including the requirement under section 150410 of this title to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. 150415. Annual report (a) In general The corporation shall report annually to Congress concerning the activities of the corporation during the preceding fiscal year. (b) Submittal date Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b) of this title. . (b) Clerical amendment The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following new item: 1504. National American Indian Veterans, Incorporated 150401 .
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113-hr-4954
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I 113th CONGRESS 2d Session H. R. 4954 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Ross introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Employee Polygraph Protection Act of 1988 to provide an exemption from the protections of that Act with regard to certain prospective employees whose job would include caring for or interacting with unsupervised children.
1. Short title This Act may be cited as the Protecting Our Children Act . 2. Exemption for employers of employees who care for or interact with unsupervised children (a) Exemption Section 7 of the Employee Polygraph Protection Act of 1988 ( 29 U.S.C. 2006 ) is amended by adding at the end the following: (g) Exemption for certain employers of employees who care for or interact with unsupervised children (1) Exemption Subject to paragraph (2) and subsection (c) of section 8, this Act shall not prohibit the use of a polygraph test by any employer if the test is administered to a prospective employee— (A) whose activities would involve the care or supervision of children or regular access to children who are cared for or supervised by another employee; (B) whose job description indicates a high probability that the prospective employee will interact with unsupervised children on a frequent basis; or (C) where the employer reasonably believes there is a high probability of unsupervised interaction between the prospective employee and a child on a more than incidental basis. (2) Conditions In addition to the requirements imposed by section 8(c), the exemption provided under paragraph (1) shall not apply unless the following conditions are met: (A) The prospective employee is provided with reasonable written notice of the date, time, and location of the polygraph test and of such examinee’s right to obtain and consult with legal counsel or an employee representative before each phase of the test. (B) Following the polygraph test, before any adverse employment action is taken, the employer shall— (i) further interview the examinee on the basis of the results of the test; and (ii) provide the examinee with— (I) a written copy of any opinion or conclusion rendered as a result of the test; and (II) a copy of the questions asked during the test along with the corresponding charted responses. . (b) Conforming amendment Section 8(c) of such Act ( 29 U.S.C. 2007(c) ) is amended in the matter preceding paragraph (1), by striking and (f) and inserting (f) and (g) .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4954ih/xml/BILLS-113hr4954ih.xml
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113-hr-4955
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I 113th CONGRESS 2d Session H. R. 4955 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Southerland (for himself and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Harmonized Tariff Schedule of the United States to extend the tariff preference level on imports of certain cotton and man-made fiber, fabric, apparel, and made-up goods from Bahrain under the United States-Bahrain Free Trade Agreement.
1. Extension of tariff preference level on imports of certain cotton and man-made fiber, fabric, apparel, and made-up goods from Bahrain under the United States-Bahrain Free Trade Agreement (a) In general U.S. Note 13 to subchapter XIV of chapter 99 of the Harmonized Tariff Schedule of the United States is amended— (1) in the matter preceding paragraph (a), by striking 2015 and inserting 2025 ; and (2) in the matter following paragraph (d), by striking December 31, 2015 and inserting December 31, 2025 . (b) Effective date The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after January 1, 2016.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4955ih/xml/BILLS-113hr4955ih.xml
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113-hr-4956
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I 113th CONGRESS 2d Session H. R. 4956 IN THE HOUSE OF REPRESENTATIVES June 24, 2014 Mr. Walz (for himself, Mr. Costa , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Ways and Means , the Judiciary , Energy and Commerce , Transportation and Infrastructure , Science, Space, and Technology , Oversight and Government Reform , the Budget , Rules , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To greatly enhance America’s path toward energy independence and economic and national security, to conserve energy use, to promote innovation, to achieve lower emissions, cleaner air, cleaner water, and cleaner land, to rebuild our Nation’s aging roads, bridges, locks, and dams, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the American Energy Opportunity 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—Offshore Leasing and Other Energy Provisions Subtitle A—Offshore Leasing Sec. 101. Leasing program considered approved. Sec. 102. Lease sales. Sec. 103. Seaward boundaries of states. Sec. 104. Military operations. Sec. 105. Coordination with adjacent states. Sec. 106. Gulf of Mexico oil and gas. Sec. 107. Sharing of revenues. Sec. 108. Inventory of offshore energy resources. Sec. 109. Prohibitions on surface occupancy and other Appropriate environmental safeguards. Subtitle B—Expedited Judicial Review Sec. 121. Definitions. Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities. Sec. 123. Time for filing petition; standing. Sec. 124. Timetable. Sec. 125. Limitation on scope of review and relief. Sec. 126. Presidential waiver. Sec. 127. Legal fees. Sec. 128. Exclusion. Subtitle C—Other Energy Provisions Sec. 131. Elimination of restriction on energy alternatives and energy efficiency. Sec. 132. Policies regarding buying and building American. Sec. 133. Clean coal technology deployment grant and loan program. Title II—Modifying the Strategic Petroleum Reserve and Funding Conservation and Energy Research and Development Sec. 201. Findings. Sec. 202. Definitions. Sec. 203. Objectives. Sec. 204. Modification of the strategic petroleum reserve. Sec. 205. Energy Independence and Security Fund. Title III—Cleaner Energy Production and Energy Conservation Incentives Sec. 301. Extension of renewable energy credit. Sec. 302. Extension of credit for energy efficient appliances. Sec. 303. Extension of credit for nonbusiness energy property. Sec. 304. Extension of credit for residential energy efficient property. Sec. 305. Extension of new energy efficient home credit. Sec. 306. Extension of energy efficient commercial buildings deduction. Sec. 307. Extension of energy credit. Sec. 308. Extension of credit for new clean renewable energy bonds. Sec. 309. Expensing of mechanical insulation property. Title IV—Increase Diversification and Efficiency of America's Transportation and Electric System Subtitle A—Diversification of Fuel Source for America's Short-Haul Transportation System Sec. 401. Minimum Federal fleet requirement. Sec. 402. Use of HOV facilities by light-duty, plug-in electric drive vehicles or new qualified alternative fuel motor vehicles. Sec. 403. Recharging infrastructure. Sec. 404. Loan guarantees for advanced battery purchases. Sec. 405. Study of end-of-useful-life options for motor vehicle batteries. Sec. 406. Study and demonstration electrification of postal fleet. Sec. 407. Study of development of common standards for PHEVs and EVs between the United States, Europe and Asia. Subtitle B—Incentives for Diversification of Transportation Sec. 420. Amendment of 1986 Code. Sec. 421. Extension and modification of credit for fuel cell, hybrid, lean burn, and alternative fuel vehicles. Sec. 422. Extension and expansion of credit for new qualified plug-in electric drive motor vehicles. Sec. 423. Extension of credit for certain plug-in electric vehicles. Sec. 424. Tax credit for most efficient vehicle in class. Sec. 425. Extension of credit and extension of temporary increase in credit for alternative fuel vehicle refueling property. Sec. 426. Modification of alternative fuel credit. Sec. 427. Extension of credits for biodiesel and renewable diesel. Subtitle C—Low-Carbon Diversification of Electric System Sec. 431. Innovative low-carbon loan guarantee program. Sec. 432. Ensuring revenues are sufficient for implementation of title IV. I Offshore Leasing and Other Energy Provisions A Offshore Leasing 101. Leasing program considered approved (a) In general The Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program 2010–2015 issued by the Secretary of the Interior (referred to in this section as the Secretary ) under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is considered to have been approved by the Secretary as a final oil and gas leasing program under that section, and is considered to be in full compliance with and in accordance with all requirements of the Outer Continental Shelf Lands Act. (b) Final environmental impact statement The Secretary is considered to have issued a final environmental impact statement for the program described in subsection (a) in accordance with all requirements under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (c) Correction of dates The Secretary of the Interior shall update the dates and deadlines proscribed in the program described in subsection (a) to reflect the time that has passed between the date the program was issued and the date of enactment of this Act. 102. Lease sales (a) Outer continental shelf (1) In general Except as provided in paragraph (2), not later than 30 days after the date of enactment of this Act and every 270 days thereafter, the Secretary of the Interior (referred to in this section as the Secretary ) shall conduct a lease sale in each outer Continental Shelf planning area for which the Secretary determines that there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf. (2) Subsequent determinations and sales If the Secretary determines that there is not a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in a planning area under this subsection, not later than 2 years after the date of enactment of the determination and every 2 years thereafter, the Secretary shall— (A) determine whether there is a commercial interest in purchasing Federal oil and gas leases for production on the outer Continental Shelf in the planning area; and (B) if the Secretary determines that there is a commercial interest described in subparagraph (A), conduct a lease sale in the planning area. (b) Renewable energy and mariculture The Secretary may conduct commercial lease sales of resources owned by United States— (1) to produce renewable energy (as defined in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b))); or (2) to cultivate marine organisms in the natural habitat of the organisms. 103. Seaward boundaries of states (a) Seaward boundaries Section 4 of the Submerged Lands Act ( 43 U.S.C. 1312 ) is amended by striking three geographical miles each place it appears and inserting 9 nautical miles . (b) Conforming amendments Section 2 of the Submerged Lands Act ( 43 U.S.C. 1301 ) is amended— (1) in subsection (a)(2), by striking three geographical miles and inserting 9 nautical miles ; and (2) in subsection (b)— (A) by striking three geographical miles and inserting 9 nautical miles ; and (B) by striking three marine leagues and inserting 9 nautical miles . (c) Effect of amendments (1) In general Subject to paragraphs (2) through (4), the amendments made by this section shall not effect Federal oil and gas mineral rights and should not effect the States’ current authority within existing State boundaries. (2) Existing leases The amendments made by this section shall not affect any Federal oil and gas lease in effect on the date of enactment of this Act. (3) Taxation (A) In general A State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this section). (B) Limitation Nothing in this paragraph affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. 104. Military operations The Secretary shall consult with the Secretary of Defense regarding military operations needs in the Outer Continental Shelf. The Secretary shall work with the Secretary of Defense to resolve any conflicts that might arise between such operations and leasing under this section. If the Secretaries are unable to resolve all such conflicts, any unresolved issues shall be referred by the Secretaries to the President in a timely fashion for immediate resolution. 105. Coordination with adjacent states Section 19 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1345 ) is amended— (1) in subsection (a) in the first sentence by inserting , for any tract located within the Adjacent State’s Adjacent Zone, after government ; and (2) by adding the following: (f) (1) Prior to issuing a permit or approval for the construction of a pipeline to transport crude oil, natural gas or associated liquids production withdrawn from oil and gas leases on the outer Continental Shelf, a Federal agency must seek the concurrence of the Adjacent State if the pipeline is to transit the Adjacent State’s Adjacent Zone between the outer Continental Shelf and landfall. No State may prohibit construction of such a pipeline within its Adjacent Zone or its State waters. However, an Adjacent State may require routing of such a pipeline to one of two alternate landfall locations in the Adjacent State, designated by the Adjacent State, located within 60 miles on either side of a proposed landfall location. (2) In this subsection: (A) The term Adjacent State means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. For purposes of this subparagraph, the term State includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and the other territories of the United States. (B) The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular Adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. . 106. Gulf of Mexico oil and gas (a) Repeal Section 104 of division C of the Tax Relief and Health Care Act of 2006 ( Public Law 109–432 ; 120 Stat. 3003) is repealed. (b) leasing plan for the Eastern Gulf of Mexico Pursuant to sections 101 and 102 of this Act, the Secretary of the Interior shall issue a final leasing plan for the Eastern Gulf of Mexico within 180 days after the date of enactment of this Act for all areas where there exists commercial interest in purchasing Federal oil and gas leases for production. 107. Sharing of revenues (a) In general Section 8(g) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(g) ) is amended— (1) in paragraph (2) by striking Notwithstanding and inserting Except as provided in paragraph (6), and notwithstanding ; (2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9); and (3) by inserting after paragraph (5) the following: (6) Bonus bids and royalties under qualified leases (A) New leases Of amounts received by the United States as bonus bids, royalties, rentals, and other sums collected under any new qualified lease on submerged lands made available for leasing under this Act by the enactment of the American Energy Opportunity Act of 2014 — (i) 30 percent shall be paid to the States that are producing States with respect to those submerged lands that are located within the seaward boundaries of such a State established under section 4(a)(2)(A); (ii) 10 percent shall be deposited in the general fund of the Treasury; (iii) 15 percent shall be deposited in the Renewable Energy and Energy Efficiency Reserve established by paragraph (7); (iv) 20 percent shall be deposited in the Infrastructure Renewal Reserve established by paragraph (7); (v) 3 percent shall be deposited into the Clean Water Reserve established by paragraph (7); (vi) 4 percent shall be deposited in the Environment Restoration Reserve established by paragraph (7); (vii) 3 percent shall be deposited in the Conservation Reserve established by paragraph (7); (viii) 8 percent shall be deposited in the Clean Coal Technology Deployment and Carbon Capture and Sequestration Reserve established by paragraph (7); (ix) 5 percent shall be deposited in the Carbon Free Technology and Nuclear Energy Reserve established by paragraph (7); and (x) 2 percent shall be available to the Secretary of Health and Human Services for carrying out the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 , et seq.). (B) Leased tract that lies partially within the seaward boundaries of a state In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of bonus bids and royalties from such tract that are subject to subparagraph (A)(ii) with respect to such State shall be a percentage of the total amounts of bonus bids and royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries. (C) Use of payments to states Amounts paid to a State under subparagraph (A)(ii) shall be used by the State for one or more of the following: (i) Education. (ii) Transportation. (iii) Coastal restoration, environmental restoration, and beach replenishment. (iv) Energy infrastructure. (v) Renewable energy development. (vi) Energy efficiency and conservation. (vii) Any other purpose determined by State law. (D) Definitions In this paragraph: (i) Adjacent state The term Adjacent State means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. (ii) Adjacent zone The term Adjacent Zone means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the outer Continental Shelf for which the laws of a particular adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. (iii) Producing state The term producing State means an Adjacent State having an Adjacent Zone containing leased tracts from which are derived bonus bids and royalties under a lease under this Act. (iv) State The term State includes Puerto Rico and the other territories of the United States. (v) Qualified lease The term qualified lease means a natural gas or oil lease made available under this Act granted after the date of the enactment of the American Energy Opportunity Act of 2014 , for an area that is available for leasing as a result of enactment of section 101 of that Act. (E) Application This paragraph shall apply to bonus bids and royalties received by the United States under qualified leases after implementation of sections 105 and 106 of the American Energy Opportunity Act of 2014 . (F) Existing revenues All revenues including revenues, including bonus bids, royalties, rentals, and other sums, collected from leases issued under this Act prior to the enactment American Energy Opportunity Act of 2014 , shall not be affected by the provisions of that Act. (7) Establishment of reserve accounts (A) In general For budgetary purposes, there is established as a separate account to receive deposits under paragraph (6)(A)— (i) the Renewable Energy and Energy Efficiency Reserve, which shall be applied— (I) first, to offset the alternative energy and conservation tax incentives extended by title III of the American Energy Opportunity Act of 2014 ; and (II) to extent not applied under subclause (I), to offset the cost of legislation enacted after the date of the enactment of the American Energy Opportunity Act of 2014 to accelerate the use of cleaner domestic energy resources and alternative fuels; to promote the utilization of energy-efficient products and practices; to promote the development and deployment of smart transportation systems, energy efficient vehicles, and mass transportation systems that preserve the environment and increase energy efficiency of transportation; and to increase research, development, and deployment of clean renewable energy and efficiency technologies and job training programs for those purposes; (ii) the Infrastructure Renewal Reserve, which shall be applied to offset the costs of— (I) Federal-aid highway and highway safety construction programs carried out by the Secretary of Transportation; (II) public transportation programs carried out by the Secretary of Transportation; (III) water resources development construction projects carried out by the Secretary of the Army (acting through the Chief of Engineers); (IV) Federal support for freight rail and passenger rail construction and repair projects; (V) legislation enacted after the date of the enactment of the American Energy Opportunity Act of 2014 for purposes of investment in transportation infrastructure; and (iii) the Clean Water Reserve, to first, offset the cost of construction programs under the Clean Water Act or the 1996 Amendments to the Safe Drinking Water Act that provide assistance, such as grants, matching grants, and no- and low-interest loans, to State, county, and local governments to rebuild and modernize clean water and sewage infrastructure. (iv) the Environment Restoration Reserve, to offset the cost of legislation enacted after the date of the enactment of the American Energy Opportunity Act of 2014 to conduct restoration activities to improve the overall health of the ecosystems primarily or entirely within wildlife refuges, national parks, lakes, bays, rivers, and streams, including the Great Lakes, the Chesapeake and Delaware Bays, the San Francisco Bay/Sacramento San Joaquin Bay Delta, the Florida Everglades, New York Harbor, the Colorado River Basin, the Mississippi River Basin and tributaries, and Intracoastal Waterways and inlets that serve them; (v) the Conservation Reserve, to offset the cost of legislation enacted after the date of the enactment of the American Energy Opportunity Act of 2014 for conservation research, development, and deployment programs to increase commercial energy efficiency, such as weatherization, conservation and building technology tax credits for energy efficiency in the commercial and industrial sectors; (vi) the Clean Coal Technology Deployment and Carbon Capture and Sequestration Reserve, to— (I) first offset the cost of programs established under section 133 of this Act; (II) two, offset the cost of programs in section 1703 of the Energy Policy Act of 2005 related to loan guarantees for construction projects associated with carbon capture and storage, giving priority to the construction and modernization of plants that implement the most advanced pollution controls to prevent the release of carbon, particulate matter, and other pollutants; and (III) third, to offset the cost of research at the Department of Energy Office of Fossil Energy that promotes the production of liquid transportation fuels, clean-coal electricity, synthetic natural gas, and chemical feedstock; and (vii) the Carbon Free Technology and Nuclear Energy Reserve, to— (I) first offset the cost of programs in title IV of this Act; and (II) two, offset the cost of legislation enacted after the date of the enactment of the Rebuilding America’s Infrastructure Through Energy Independence Act to promote the deployment of carbon-free technologies, including through loan guarantees for commercial nuclear power plants, the disposition and recycling or reprocessing of spent fuel from nuclear power plants, and the financing of long-term safe storage of spent fuel. (B) Procedure for adjustments (i) Budget committee chairman After the reporting of a bill or joint resolution, or the offering of an amendment thereto or the submission of a conference report thereon, providing funding for the purposes set forth in clause (i), (ii), (iii), or (iv) of subparagraph (A) in excess of the amount of the deposits under paragraph (6)(A) for those purposes for fiscal year 2014, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments set forth in clause (ii) for the amount of new budget authority and outlays in that measure and the outlays flowing from that budget authority. (ii) Matters to be adjusted The adjustments referred to in clause (i) are to be made to— (I) the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget; (II) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of the Congressional Budget Act of 1974; and (III) the budget aggregates contained in the appropriate concurrent resolution on the budget as required by section 301(a) of the Congressional Budget Act of 1974. (iii) Amounts of adjustments The adjustments referred to in clauses (i) and (ii) shall not exceed the receipts estimated by the Congressional Budget Office that are attributable to this Act for the fiscal year in which the adjustments are made. (C) Expenditures only by secretary of the interior in consultation Legislation shall not be treated as legislation referred to in subparagraph (A) unless any expenditure under such legislation for a purpose referred to in that subparagraph may be made only after consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of the Army acting through the Corps of Engineers, and, as appropriate, the Secretary of State. (8) Maintenance of effort by states The Secretary of the Interior, the Secretary of Health and Human Services, the Secretary of Energy, and any other Federal official with authority to implement legislation referred to in paragraph (6)(A) shall ensure that financial assistance provided to a State under that legislation for any purpose with amounts made available under this subsection or in any legislation with respect to which paragraph (7) applies supplement, and do not replace, the amounts expended by the State for that purpose before the date of the enactment of the American Energy Opportunity Act of 2014 . (9) Distributions for Federal-aid highway or highway safety construction program To the extent practicable, amounts made available for a Federal-aid highway or highway safety construction program, the costs of which are offset by application of the Infrastructure Renewal Reserve, shall be distributed using the apportionment formula that applies to that program. . (b) Establishment of State Seaward Boundaries Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1333(a)(2)(A) ) is amended in the first sentence by striking , and the President and all that follows through the end of the sentence and inserting the following: . Such extended lines are deemed to be as indicated on the maps for each Outer Continental Shelf region entitled Alaska OCS Region State Adjacent Zone and OCS Planning Areas , Pacific OCS Region State Adjacent Zones and OCS Planning Areas , Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas , and Atlantic OCS Region State Adjacent Zones and OCS Planning Areas , all of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service. The preceding sentence shall not apply with respect to the treatment under section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ) of qualified outer Continental Shelf revenues deposited and disbursed under subsection (a)(2) of that section. . 108. Inventory of offshore energy resources (a) In general The Secretary of the Interior (in this section referred to as the Secretary ) shall promptly prepare an inventory of offshore energy resources of the United States, including through conduct of geological and geophysical explorations by private industry in all of the United States outer Continental Shelf areas of the Atlantic Ocean and the Pacific Ocean under part 251 of title 30, Code of Federal Regulations (or successor regulations). (b) Environmental studies Not later than 180 days after the date of enactment of this Act, the Secretary shall complete any environmental studies necessary to gather information essential to an accurate inventory, including geological and geophysical explorations under part 251 of title 30, Code of Federal Regulations (or successor regulations). (c) Effect on oil and gas leasing No inventory that is conducted under this section or any other Federal law (including regulations) shall restrict, limit, delay, or otherwise adversely affect— (1) the development of any Outer Continental Shelf leasing program under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ); or (2) any leasing, exploration, development, or production of any Federal offshore oil and gas leases. (d) Funding (1) In general The Secretary of the Treasury shall make a 1-time transfer to the Secretary, without further appropriation and from royalties collected by the United States in conjunction with the production of oil and gas, of such sums as are necessary for the Secretary to carry out this section. (2) Limitation The amount transferred under paragraph (1) shall not exceed $50,000,000. 109. Prohibitions on surface occupancy and other Appropriate environmental safeguards (a) Regulations (1) In general (A) environmental safeguards The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf. (B) Safety protocols All operations, including under any permit issued pursuant to an application for a permit to drill or an application for a permit to sidetrack, that has been approved by the Minerals Management Service or the Bureau of Ocean Energy Management, Regulation and Enforcement, for purposes of outer Continental Shelf energy exploration or development and production, shall be carried out in accordance with the safety protocols contained in part 250 of title 30, Code of Federal Regulations. (2) Requirements The regulations shall include provisions ensuring that— (A) no surface facility shall be installed for the purpose of production of oil or gas resources in any area that is within 10 miles from the shore of any coastal State, in any area of the outer Continental Shelf that has not previously been made available for oil and gas leasing; (B) only temporary surface facilities are installed for areas that are located— (i) beyond 10 miles from the shore from the shore of any coastal State, in any area of the Outer Continental Shelf that has not previously been made available for oil and gas leasing; and (ii) not more than 20 miles from the shore; (C) the impact of offshore production facilities on coastal vistas is otherwise mitigated; and (D) onshore facilities that are able to draw upon the resources of the outer Continental Shelf within 10 miles of shore are allowed. (b) Conforming amendment Section 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 ( Public Law 109–54 ; 119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 )) is amended by inserting and any other area that the Secretary of the Interior may offer for leasing, preleasing, or any related activity under section 104 of that Act after 2006) . B Expedited Judicial Review 121. Definitions In this subtitle: (1) Authorizing leasing statute The term authorizing leasing statute means the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), and any other law of the United States directing or authorizing the leasing of Federal lands for oil and gas production or transmission. (2) Covered oil and natural gas activity The term covered oil and natural gas activity means— (A) the leasing of any lands pursuant to an authorizing leasing statute for the exploration, development, production, processing, or transmission of oil, natural gas, or associated hydrocarbons, including actions or decisions relating to the selection of which lands may or shall be made available for such leasing; and (B) any activity taken or proposed to be taken pursuant or in relation to such leases, including their suspension, and any environmental analyses relating to such activity. 122. Exclusive jurisdiction over causes and claims relating to covered oil and natural gas activities Notwithstanding any other provision of law, any Federal action approving any covered oil and natural gas activity shall be subject to judicial review only— (1) in the United States Court of Appeals for the District of Columbia Circuit; and (2) after the person filing a petition seeking such judicial review has exhausted all available administrative remedies with respect to such Federal action. 123. Time for filing petition; standing (a) In general All petitions referred to in section 122 must be filed within 30 days after the latter of the challenged Federal action or the exhaustion of all available administrative remedies with respect to such Federal action. A claim or challenge shall be barred unless it is filed within the time specified. (b) Standing No person whose legal rights will not be directly and adversely affected by the challenged action, and who is not within the zone of interest protected by each Act under which the challenge is brought, shall have standing to file any petition referred to in section 122. 124. Timetable The United States Court of Appeals for the District of Columbia Circuit shall complete all judicial review, including rendering a judgment, before the end of the 120-day period beginning on the date on which a petition referred to in section 122 is filed, unless all parties to such proceeding agree to an extension of such period. 125. Limitation on scope of review and relief (a) Administrative findings and conclusions In any judicial review referred to in section 122, any administrative findings and conclusions relating to the challenged Federal action shall be presumed to be correct unless shown otherwise by clear and convincing evidence contained in the administrative record. (b) Limitation on prospective relief In any judicial review referred to in section 122, the Court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a Federal law requirement, and is the least intrusive means necessary to correct the violation concerned. 126. Presidential waiver Notwithstanding any other provision of law, the President may waive any legal requirement relating to the approval of any covered oil and natural gas activity if the President determines in the President’s sole discretion that such activity is important to the national interest and outweighs such legal requirement. 127. Legal fees Any person filing a petition referred to in section 122 who is not a prevailing party shall pay to the prevailing parties (including intervening parties), other than the United States, fees and other expenses incurred by that party in connection with the judicial review, unless the Court finds that the position of the person was substantially justified or that special circumstances make an award unjust. 128. Exclusion Section 122 shall not apply to disputes between the parties to a lease issued pursuant to an authorizing leasing statute regarding the obligations of such lease or the alleged breach thereof. C Other Energy Provisions 131. Elimination of restriction on energy alternatives and energy efficiency (a) Elimination of other restrictions on use of energy alternatives (1) Renewable biomass Section 211(o)(1)(I) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(I) ) is amended— (A) in clause (ii), by striking non-federal ; and (B) in clause (iv), by striking that are from non-federal forestlands, including forestlands and inserting from forestlands, including those on public lands and those . (2) Alternative fuels Section 526 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17142 ) is repealed. (b) New source review under the clean air act Part A of title I of the Clean Air Act (42 U.S.C. 7401 and following) is amended by adding the following at the end: 132. New source review In promulgating regulations respecting any requirement or prohibition of this Act relating to the construction of a new source or the modification of an existing source, the Administrator shall include in such regulations provisions providing that routine maintenance and repair shall not constitute a modification of an existing source requiring treatment of the source as a new source. Such provisions shall provide that equipment replacement shall be considered routine maintenance and repair if it meets each of the following: (1) Such replacement does not increase overall actual emissions of any air pollutant by more than 5 percent. (2) In the case of a source generating electricity, such replacement does not result in a greater amount of any air pollutant emitted in proportion to the megawatts of electricity generated. Notwithstanding any other provision of this Act, no State may include in any State implementation plan any provisions regarding new source review that are more stringent than those contained in the regulations of the Administrator under this section. . 132. Policies regarding buying and building American (a) Intent of congress It is the intent of the Congress that this Act, among other things, result in a healthy and growing American industrial, manufacturing, transportation, and service sector employing the vast talents of America’s workforce to assist in the development of energy from domestic sources. Moreover, the Congress intends to monitor the deployment of personnel and material onshore and offshore to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act by good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American resources. (b) Safeguard for extraordinary ability Section 30(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1356(a) ) is amended in the matter preceding paragraph (1) by striking regulations which and inserting regulations that shall be supplemental and complimentary with and under no circumstances a substitution for the provisions of the Constitution and laws of the United States extended to the subsoil and seabed of the outer Continental Shelf pursuant to section 4 of this Act, except insofar as such laws would otherwise apply to individuals who have extraordinary ability in the sciences, arts, education, or business, which has been demonstrated by sustained national or international acclaim, and that . (c) Work standards All construction, repair, or alteration of public buildings and public works of the Government and buildings or works financed or otherwise assisted in whole or in part under this Act by a loan, loan guarantee, grant, annual contribution, credit enhancement, or any other form of Federal assistance authorized under this Act shall be performed in accordance with the standards applicable to comparable activity under any other provision of law, without regard to the form or type of Federal assistance provided thereunder. 133. Clean coal technology deployment grant and loan program (a) Purpose The purpose of this section is to encourage innovative, state-of-the-art energy plants to reduce and eliminate emissions of carbon dioxide and other greenhouse gases. (b) DOE program The Secretary Energy shall implement a competitive grant and loan program to award funding to qualified projects for a 3-year period for the construction or modernization of coal-fired generation units to enable the use at such units of the most viable and cost-effective technology to reduce emissions of carbon dioxide and other greenhouse gases. In carrying out such program, the Secretary shall give priority to the funding of projects that will emit the least amount of carbon dioxide and other greenhouse gases. (c) Qualified projects (1) Projects for the construction or modernization of units with carbon capture and sequestration or storage systems shall be qualified for assistance under this section in the form of grants of up to $2,000,000,000 per unit up to a maximum grant of $2,000,000 per Megawatt (MW) of capacity. Such projects may be qualified for loan guarantees under this section in the amount of up to $3,000,000,000 per unit up to a maximum of $3,000,000 per Megawatt of capacity. (2) The maximum amount of funding assistance under this section for construction and modernization costs shall be as follows: (A) A grant of 75 percent of such costs and a loan guarantee of 25 percent of such costs for the first year in which assistance is provided. (B) A grant of 50 percent of such costs and a loan guarantee of 50 percent of such costs for the second year in which assistance is provided. (C) A grant of 25 percent of such costs and a loan guarantee of 75 percent of such costs for the third year in which assistance is provided. (d) Minimum size No project shall be qualified for assistance under this section for any unit that is less than 250 MW of capacity. II Modifying the Strategic Petroleum Reserve and Funding Conservation and Energy Research and Development 201. Findings Congress finds the following: (1) The Strategic Petroleum Reserve (SPR) was created by Congress in 1975, to protect the Nation from any future oil supply disruptions. When the program was established, United States refiners were capable of handling light crude and medium crude and the makeup of the SPR matched this capacity. This is not the case today. (2) A GAO analysis found that nearly half of the refineries considered vulnerable to supply disruptions are not compatible with the types of oil currently stored in the SPR and would be unable to maintain normal refining capacity if forced to rely on SPR oil as currently constituted, thereby reducing the effectiveness of the SPR in the event of a supply disruption. GAO concluded that the SPR should be comprised of at least 10 percent heavy crude. (3) This Act implements the GAO recommendation and dedicates funds received from the transactions to existing energy conservation, research, and assistance programs. 202. Definitions In this title— (1) the term light grade petroleum means crude oil with an API gravity of 35 degrees or higher; (2) the term heavy grade petroleum means crude oil with an API gravity of 26 degrees or lower; and (3) the term Secretary means the Secretary of Energy. 203. Objectives The objectives of this title are as follows: (1) To modernize the composition of the Strategic Petroleum Reserve to reflect the current processing capabilities of refineries in the United States. (2) To provide increased funding to accelerate conservation, energy research and development, and assistance through existing programs. 204. Modification of the strategic petroleum reserve Notwithstanding section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ), the Secretary shall publish a plan not later than 30 days after the date of enactment of this Act to— (1) exchange as soon as possible light grade petroleum from the Strategic Petroleum Reserve, in an amount equal to 10 percent of the total number of barrels of crude oil in the Reserve as of the date of enactment of this Act, for an equivalent volume of heavy grade petroleum plus any additional cash bonus bids received that reflect the difference in the market value between light grade petroleum and heavy grade petroleum and the timing of deliveries of the heavy grade petroleum; (2) from the gross proceeds of the cash bonus bids, deposit the amount necessary to pay for the direct administrative and operational costs of the exchange into the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation Act ( 42 U.S.C. 6247 ); and (3) deposit 90 percent of the remaining net proceeds from the exchange into the account established under section 205(a). 205. Energy Independence and Security Fund (a) Establishment There is hereby established in the Treasury of the United States the Energy Independence and Security Fund (in this section referred to as the Fund ). (b) Administration The Secretary shall be responsible for administering the Fund for the purpose of carrying out this section. (c) Deposits The Secretary shall transfer the balance of funds in the SPR Petroleum Account on the date of enactment of this Act in excess of $10,000,000 into the Fund. (d) Distribution of funds The Secretary shall make amounts from the Fund available for obligation, without further appropriation and without fiscal year limitation, for the following purposes: (1) Advanced research projects agency—energy The Secretary may transfer amounts to the account Energy Transformation Acceleration Fund , established under section 5012(m) of the America COMPETES Act ( 42 U.S.C. 16538(m) ), including amounts— (A) for university-based research projects; and (B) for program direction expenses. (2) Wind energy research and development The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy for necessary expenses for a program to support the development of next-generation wind turbines, including turbines capable of operating in areas with low wind speeds, as authorized in section 931(a)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(B)). (3) Solar energy research and development The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of solar energy technologies, and public education and outreach materials pursuant to such program, as authorized by section 931(a)(2)(A) of the Energy Policy Act of 2005 ( 42 U.S.C. 16231(a)(2)(A) ). (4) Marine and hydrokinetic renewable electric energy The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of ocean and wave energy, including hydrokinetic renewable energy, as authorized by section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) and section 636 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17215 ). (5) Advanced vehicles research, development, and demonstration The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy for necessary expenses for research, development, and demonstration on advanced, cost-effective technologies to improve the energy efficiency and environmental performance of vehicles, as authorized in section 911(a)(2)(A) of the Energy Policy Act of 2005 ( 42 U.S.C. 16191(a)(2)(A) ). (6) Industrial energy efficiency research and development The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of new technologies to improve the energy efficiency and reduce greenhouse gas emissions from industrial processes, as authorized in section 911(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)(C)) and in section 452 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111 ). (7) Building and lighting energy efficiency research and development The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy for necessary expenses for a program to accelerate the research, development, demonstration, and deployment of new technologies to improve the energy efficiency of and reduce greenhouse gas emissions from buildings, as authorized in section 321(g) of the Energy Independence and Security Act of 2007 (42 U.S.C. 6295 note), section 422 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082), and section 912 of the Energy Policy Act of 2005 (42 U.S.C. 16192). (8) Geothermal energy development The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy for necessary expenses for geothermal research and development activities to be managed by the National Renewable Energy Laboratory, as authorized by sections 613, 614, 615, and 616 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17192–95) and section 931(a)(2)(C) of the Energy Policy Act of 2005 ( 42 U.S.C. 16231(a)(2)(C) ). (9) Smart grid technology research, development, and demonstration The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy for necessary expenses for research, development, and demonstration of smart grid technologies, as authorized by section 1304 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17384 ). (10) Carbon capture and storage The Secretary may transfer amounts to the account Fossil Energy Research and Development for necessary expenses for a program of demonstration projects of carbon capture and storage, and for a research program to address public health, safety, and environmental impacts, as authorized by section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) and sections 703 and 707 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17251 , 17255). (11) Nonconventional domestic natural gas production and environmental research (A) The Secretary may transfer amounts to the account authorized by section 999H(e) of the Energy Policy Act of 2005 ( 42 U.S.C. 16378(e) ). (B) The Secretary may transfer amounts to the account Fossil Energy Research and Development for necessary expenses for a program of basin-oriented assessments and public and private partnerships involving States and industry to foster the development of regional advanced technological, regulatory, and economic development strategies for the efficient and environmentally sustainable recovery and market delivery of natural gas and domestic petroleum resources within the United States, and for support for the Stripper Well Consortium. (12) Hydrogen research and development The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy for necessary expenses for the Department of Energy’s H–Prize Program, as authorized by section 1008(f) of the Energy Policy Act of 2005 ( 42 U.S.C. 16396(f) ). (13) Energy storage for transportation and electric power (A) The Secretary may transfer amounts to the account Basic Energy Sciences for necessary expenses for a program to accelerate basic research on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution, as authorized by section 641(p)(1) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17231(p)(1) ). (B) The Secretary may transfer amounts to the account Energy Efficiency and Renewable Energy including— (i) amounts for a program to accelerate applied research on energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution as authorized by section 641(p)(2) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17231(p)(2) ); (ii) amounts for energy storage systems demonstrations as authorized by section 641(p)(4) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17231(p)(4) ); and (iii) amounts for vehicle energy storage systems demonstrations as authorized by section 641(p)(5) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17231(p)(5) ). (e) Transfer procedures The Secretary shall make an initial transfer from the Fund no later than 30 days after the initial deposit of monies into the Fund. The Secretary shall make additional transfers no later than 30 days after subsequent deposits. (f) Management and oversight (1) Additionality of fiscal year 2008 transfers All amounts transferred under subsection (d) shall be in addition to, and shall not be substituted for, any funds appropriated for the same or similar purposes in the Consolidated Appropriations Act, 2014 or any other enacted legislation. (2) Excess funds The total of all amounts transferred under subsection (d) and any funds appropriated for the same or similar purposes in the Consolidated Appropriations Act, 2008 or any other enacted legislation may not exceed the amounts authorized in other Acts for such purposes. In the event that amounts made available under this title plus amounts under the Consolidated Appropriations Act, 2014 exceed the cumulative amounts authorized in other Acts for any program funded by this Act, the excess amounts shall be distributed to the other programs funded by this title on a pro rata basis. (3) Program plans and performance measures The Secretary shall prepare and publish in the Federal Register a plan for the proposed use of all funds authorized in subsection (d). The plan also shall identify how the use of these funds will be additive to, and not displace, annual appropriations. The plans also shall identify performance measures to assess the additional benefits that may be realized from the application of the additional funding provided under this section. The initial plan shall be published in the Federal Register not later than 45 days after the date of enactment of this Act. (4) Congressional oversight and review Nothing in this section shall limit or restrict the review and oversight of program plans by the appropriate committees of Congress. Nothing in this section shall limit or restrict the authority of Congress to set alternative spending limitations in annual appropriations Acts. (5) Apportionment All transactions of the Fund shall be exempt from apportionment under the provisions of subchapter II of chapter 15 of title 31, United States Code. III Cleaner Energy Production and Energy Conservation Incentives 301. Extension of renewable energy credit (a) In general Subsection (d) of section 45 of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended by striking January 1, 2014 each place it appears and inserting January 1, 2020 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013. 302. Extension of credit for energy efficient appliances (a) Dishwashers Subsection (b) of section 45M of the Internal Revenue Code of 1986 (relating to applicable amount) is amended by striking 2011, 2012, or 2013 each place it appears and inserting after 2011 and before 2020 . (b) Effective date The amendments made by this section shall apply to appliances produced after December 31, 2013. 303. Extension of credit for nonbusiness energy property Section 25C(g) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking December 31, 2013 and inserting December 31, 2019 . 304. Extension of credit for residential energy efficient property Section 25D(g) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking December 31, 2016 and inserting December 31, 2019 . 305. Extension of new energy efficient home credit Subsection (g) of section 45L of the Internal Revenue Code of 1986 (relating to termination) is amended by striking December 31, 2013 and inserting December 31, 2019 . 306. Extension of energy efficient commercial buildings deduction Section 179D(h) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking December 31, 2013 and inserting December 31, 2019 . 307. Extension of energy credit (a) Solar energy property Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 (relating to energy credit) are each amended by striking January 1, 2017 and inserting January 1, 2020 . (b) Fuel cell property Subparagraph (D) of section 48(c)(1) of such Code (relating to qualified fuel cell property) is amended by striking December 31, 2016 and inserting December 31, 2019 . (c) Microturbine property Subparagraph (D) of section 48(c)(2) of such Code (relating to qualified microturbine property) is amended by striking December 31, 2016 and inserting December 31, 2019 . (d) Property using thermal energy from ground or ground water Clause (vii) of section 48(a)(3)(A) of such Code is amended by striking December 31, 2017 and inserting December 31, 2019 . (e) Combined heat and power system property Clause (iv) of section 48(c)(3)(A) of such Code is amended by striking December 31, 2017 and inserting December 31, 2019 . (f) Small wind energy property Subparagraph (C) of section 48(c)(4) of such Code is amended by striking December 31, 2016 and inserting December 31, 2019 . 308. Extension of credit for new clean renewable energy bonds Subsection (c) of section 54C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Additional annual allocations The national new clean renewable energy bond limitation shall be increased annually by 2 percent of the deposits made into the Renewable Energy and Energy Efficiency Reserve under section 8(g)(7) of the Outer Continental Shelf Lands Act with respect to such year. Each such increase shall be allocated by the Secretary consistent with the rules of paragraphs (2) and (3). . 309. Expensing of mechanical insulation property (a) In general Part VI of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179E the following new section: 179F. Mechanical insulation property (a) Treatment as expenses There shall be allowed as a deduction an amount equal to the applicable percentage of the cost of mechanical insulation property placed in service during the taxable year. (b) Applicable percentage For purposes of subsection (a)— (1) In general The term applicable percentage means the lesser of— (A) 30 percent, and (B) the excess (if any) of— (i) the energy savings (expressed as a percentage) obtained by placing such mechanical insulation property in service in connection with a mechanical system, over (ii) the energy savings (expressed as a percentage) such property is required to meet by Standard 90.1–2007, developed and published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. (2) Special rule relating to maintenance In the case of mechanical insulation property placed in service as a replacement for insulation property— (A) paragraph (1)(B) shall be applied without regard to clause (ii) thereof, and (B) the cost of such property shall be treated as an expense for which a deduction is allowed under section 162 instead of being treated as depreciable for purposes of the deduction provided by section 167. (c) Definitions For purposes of this section— (1) Mechanical insulation property The term mechanical insulation property means insulation materials, facings, and accessory products— (A) placed in service in connection with a mechanical system which— (i) is located in the United States, and (ii) is of a character subject to an allowance for depreciation, and (B) utilized for thermal, acoustical, and personnel safety requirements for mechanical piping and equipment, hot and cold applications, and heating, venting and air conditioning applications which can be used in a variety of facilities. (2) Cost The cost of mechanical insulation property includes— (A) the amounts paid or incurred for the installation of such property, (B) in the case of removal and disposal of the old mechanical insulation property, 10 percent of the cost of the new mechanical insulation property (determined without regard to this subparagraph), and (C) expenditures for labor costs properly allocable to the preparation, assembly, and installation of mechanical insulation property. (d) Coordination (1) Section 179D Subsection (a) shall not apply to the cost of mechanical insulation property which is taken into account under section 179D or which, but for subsection (b) of section 179D, would be taken into account under such section. (2) Other deductions and credits (A) In general The amount of any other deduction or credit allowable under this chapter for any cost of mechanical insulation property which is taken into account under subsection (a) shall be reduced by the amount of such cost so taken into account. (B) Exception for certain costs Subparagraph (A) shall not apply to any amount properly attributable to maintenance. (e) Allocation of deduction for tax-Exempt property In the case of mechanical insulation property installed on or in property owned by an entity described in paragraph (3) or (4) of section 50(b), the person who is the primary contractor for the installation of such property shall be treated as the taxpayer that placed such property in service. (f) Certification For purposes of this section, energy savings shall be certified under regulations or other guidance provided by the Secretary, in consultation with the Secretary of Energy. . (b) Deduction for capital expenditures Section 263(a)(1) of such Code (relating to capital expenditures) is amended by striking or at the end of subparagraph (K), by striking the period at the end of paragraph (L) and inserting , or , and by adding at the end the following new subparagraph: (M) expenditures for which a deduction is allowed under section 179F. . (c) Technical and clerical amendments (1) Section 312(k)(3)(B) of such Code is amended by striking or 179E each place it appears in the text or heading thereof and inserting 179E, or 179F . (2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by inserting 179F, after 179E, . (3) The table of sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is amended by inserting after the item relating to section 179E the following new item: Sec. 179F. Mechanical insulation property. . (d) Effective date The amendments made by this section shall apply to property placed in service after the date of enactment of this Act. IV Increase Diversification and Efficiency of America's Transportation and Electric System A Diversification of Fuel Source for America's Short-Haul Transportation System 401. Minimum Federal fleet requirement Section 303 of the Energy Policy Act of 1992 ( 42 U.S.C. 13212 ) is amended— (1) in subsection (b)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following: (2) Of the total number of vehicles acquired by a Federal fleet under paragraph (1), at least the following percentage of the vehicles shall be plug-in electric drive vehicles (as defined in section 131(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17011(a) )) or new qualified alternative fuel motor vehicles (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986, but determined without regard to clauses (ii) and (iii) of subparagraph (A) thereof): (A) 10 percent for fiscal year 2014. (B) The applicable percentage for the preceding fiscal year increased by 2 percentage points (but not to exceed a total of 50 percent) for fiscal year 2015 and each subsequent fiscal year. ; and (C) in paragraph (3) (as redesignated by subparagraph (A) of this paragraph), by inserting or (2) after paragraph (1) ; (2) by striking subsection (c) and inserting the following: (c) Allocation of incremental costs Subject to the availability of funds appropriated to carry out this subsection (to remain available until expended), the General Services Administration shall pay the incremental cost of alternative fuel vehicles over the cost of comparable gasoline vehicles for vehicles that the Administration purchased for the use of the Administration or on behalf of other agencies, in a total amount of not to exceed $300,000,000 for any of fiscal years 2014 through 2019. ; (3) in subsection (f), by adding at the end the following: (4) Compliance Compliance with this subsection shall not relieve a Federal agency of the obligations of the agency under subsection (b). ; and (4) in subsection (g), by striking fiscal years 1993 through 1998 and inserting each fiscal year . 402. Use of HOV facilities by light-duty, plug-in electric drive vehicles or new qualified alternative fuel motor vehicles Section 166(b)(5) of title 23, United States Code, is amended— (1) in subparagraph (A), by striking Before and inserting Except as provided in subparagraph (D), before ; (2) in subparagraph (B), by striking Before and inserting Except as provided in subparagraph (D), before ; and (3) by adding at the end the following: (D) Use by plug-in electric drive vehicles (i) Definition of plug-in electric drive vehicle In this subparagraph, the term plug-in electric drive vehicle has the meaning given the term in section 131(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17011(a) ). (ii) Use of hov facilities A State agency— (I) shall allow a vehicle to use HOV facilities in the State if the vehicle is, as determined by the Secretary— (aa) certified as a low-emission and energy-efficient vehicle in accordance with subsection (e); (bb) labeled in accordance with subsection (e); (cc) a light-duty, plug-in electric drive vehicle or a new qualified alternative fuel motor vehicle (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986, but determined without regard to clauses (ii) and (iii) of subparagraph (A) thereof); and (dd) purchased on or before December 31 of the calendar year described in clause (iii); and (II) shall not impose any toll or other charge on such a vehicle for use of an HOV facility in the State. (iii) Calendar year The calendar year referred to in clause (ii)(I)(dd) is the calendar year during which, as determined by the Secretary, the aggregate number of plug-in electric drive vehicles sold in the United States during all calendar years exceeds 2,000,000. (iv) Petition A State may petition the Secretary to limit or discontinue the use of an HOV facility by plug-in electric drive vehicles if the State demonstrates to the Secretary that the presence of the plug-in electric drive vehicles has degraded the operation of the HOV facility. . 403. Recharging infrastructure (a) Definitions In this section: (1) Local government The term local government has the meaning given the term in section 3371 of title 5, United States Code. (2) Plug-in electric drive vehicle The term plug-in electric drive vehicle has the meaning given the term in section 131(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17011(a) ). (3) New qualified alternative fueled vehicle The term new qualified alternative fueled vehicle means a new qualified alternative fuel motor vehicle (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986, but determined without regard to clauses (ii) and (iii) of subparagraph (A) thereof). (4) Range extension infrastructure The term range extension infrastructure includes equipment, products, or services for recharging plug-in electric drive vehicles that— (A) are available to retail consumers of electric drive vehicles on a nondiscriminatory basis; (B) provide for extending driving range through battery exchange or rapid recharging; and (C) are comparable in convenience and price to petroleum-based refueling services. (b) Study (1) In general The Secretary of Energy shall conduct a study of— (A) the number and distribution of recharging facilities and alternative vehicle fuel facilities, including range extension infrastructure, that will be required for drivers of plug-in electric drive vehicles in the United States to reliably recharge the electric drive vehicles; (B) minimum technical standards for public recharging facilities, in coordination with the National Institute of Standards and Technology; and (C) the concurrent technical and infrastructure investments that electric utilities and electricity providers will be required to make to support widespread deployment of recharging infrastructure and the estimated costs of the investments. (2) Components In conducting the study required under this subsection, the Secretary shall analyze— (A) the variety and density of recharging infrastructure options necessary to power plug-in electric drive vehicles under diverse scenarios, including— (i) the ratio of residential, commercial, and public recharging infrastructure options necessary to support 10 percent, 20 percent, and 50 percent penetration of plug-in electric vehicles on a city fleet basis; (ii) the ratio of residential, commercial, and public recharging infrastructure options necessary to support 10 percent, 20 percent, and 50 percent penetration of plug-in electric vehicles on a national fleet basis; and (iii) the potential impact of fast charging on penetration rates and utility power management requirements; (B) whether use of parking spots with access to recharging facilities should be limited to plug-in electric drive vehicles; and (C) such other issues as the Secretary considers appropriate. (3) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the results of the study conducted under this subsection, including any recommendations. (c) Grants and loans to local governments for recharging infrastructure (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall provide grants and loans to local governments to assist in the installation of recharging facilities for electric drive vehicles in areas under the jurisdiction of the local governments. The Secretary shall provide funding under this section to local governments to pay not more than 50 percent of the recharging infrastructure cost. (2) Eligibility To be eligible to obtain a grant or loan under this subsection, a local government shall— (A) demonstrate to the Secretary that the local government has taken into consideration the findings of the report submitted under subsection (b)(3), unless the local government demonstrates to the Secretary that an alternative variety and density of recharging infrastructure options would better meet the purposes of this section; and (B) agree not to charge a premium for use of a parking space used to recharge an electric drive vehicle other than a charge for electric energy. (3) Guidelines The Secretary shall establish guidelines for carrying out this subsection that are consistent with the report submitted under subsection (b)(3). (4) Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this subsection a total of $250,000,000 for grants and a total of $250,000,000 for loans, to remain available until expended. 404. Loan guarantees for advanced battery purchases Subtitle B of title I of the Energy and Independence and Security Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at the end the following: 137. Loan guarantees for advanced battery purchases (a) Definitions In this section: (1) Plug-in electric drive vehicle The term plug-in electric drive vehicle has the meaning given the term in section 131(a). (2) Range extension infrastructure The term range extension infrastructure includes equipment, products, or services for recharging plug-in electric drive vehicles that— (A) are available to retail consumers of electric drive vehicles on a nondiscriminatory basis; (B) provide for extended driving range through battery exchange or rapid recharging; and (C) are comparable in convenience and price to petroleum-based refueling services. (b) Loan guarantees The Secretary shall guarantee loans made to eligible entities for the aggregate purchase by an eligible entity of not less than 5,000 batteries that use advanced battery technology within a calendar year. (c) Eligible entities To be eligible to obtain a loan guarantee under this section, an entity shall be— (1) an original equipment manufacturer; (2) a vehicle manufacturer; (3) an electric utility; (4) any provider of range extension infrastructure; or (5) any other qualified entity, as determined by the Secretary. (d) Regulations The Secretary shall promulgate such regulations as are necessary to carry out this section. (e) Authorization of Appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. . 405. Study of end-of-useful-life options for motor vehicle batteries (a) In general In combination with the research, demonstration, and deployment activities conducted under section 641(k) of the Energy and Independence and Security Act of 2007 (42 U.S.C. 17231(k)), the Secretary of Energy shall conduct a study on the end-of-useful-life options for motor vehicle batteries, including recommendations for stationary storage applications and recyclability design specifications. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), including any recommendations. 406. Study and demonstration electrification of postal fleet (a) In general The Postal Service shall conduct a study of what portion of its mail delivery vehicles are capable of being replaced with plug-in hybrid electric vehicles. (b) Report Not later than 1 year after the date of enactment of this Act, the Postal Service shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a). (c) Prototype plug-In electric hybrid mail delivery vehicles Not later than 2 years after the date of enactment of this Act, the Postal Service shall contact for the development of a prototype plug-in electric hybrid mail delivery vehicles. 407. Study of development of common standards for PHEVs and EVs between the United States, Europe and Asia (a) In general The Secretary of Energy shall conduct a study identifying the components of electric vehicles, hybrid-electric vehicles, and plug-in hybrid-electric vehicles for which it is important that there be common standards within the United States and between the United States, European, and Asian automakers and examine the extent to which such standards are (or are not) or have been (or have not been) developed, and the status of any such efforts to develop such standards. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a), including any recommendations. B Incentives for Diversification of Transportation 420. Amendment of 1986 Code Except as otherwise expressly provided, whenever in this subtitle 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. 421. Extension and modification of credit for fuel cell, hybrid, lean burn, and alternative fuel vehicles (a) Extension of credit Subsection (k) of section 30B is amended to read as follows: (k) Termination This section shall not apply to any property purchased after December 31, 2019. . (b) Application to bi-Fuel, duel-Fuel, and flex-Fuel vehicles (1) Bi-fuel and duel-fuel vehicles Clause (i) of section 30B(e)(4)(A) (relating to definition of new qualified alternative fuel motor vehicle) is amended to read as follows: (i) which is a dedicated vehicle, a bi-fuel vehicle, or a duel-fuel vehicle, . (2) Flex-fuel vehicles Subparagraph (B) of section 30B(e)(4) is amended by inserting or ethanol after methanol . (3) Bi-fuel and duel-fuel vehicles defined Paragraph (5) of section 30B(e) is amended to read as follows: (5) Bi-fuel and duel-fuel vehicles defined For purposes of this subsection— (A) Bi-fuel vehicle The term bi-fuel vehicle means a vehicle which is capable of operating on— (i) compressed natural gas, liquified natural gas, or liquified petroleum gas, and (ii) gasoline or diesel fuel. (B) Duel-fuel vehicle The term duel-fuel vehicle means a vehicle which is capable of operating on a mixture of— (i) compressed natural gas, liquified natural gas, or liquified petroleum gas, and (ii) gasoline or diesel fuel. . (c) Application to conversions and repowers of alternative fuel vehicles Paragraph (4) of section 30B(e) is amended by adding at the end the following new subparagraph: (C) Conversions and repowers (i) In general The term new qualified alternative fuel motor vehicle includes the conversion or repower of a new or used vehicle so that it is capable of operating on an alternative fuel as it was not previously capable of operating on an alternative fuel. (ii) Treatment as new A vehicle which has been converted to operate on an alternative fuel shall be treated as new on the date of such conversion for purposes of this section. (iii) Rule of construction In the case of a used vehicle which is converted or repowered, nothing in this section shall be construed to require that the motor vehicle be acquired in the year the credit is claimed under this section with respect to such vehicle. . (d) Repeal of number limitation on hybrids and lean-Burn vehicles Section 30B is amended by striking subsection (f). (e) Effective date The amendments made by this section shall apply to property purchased after December 31, 2013. 422. Extension and expansion of credit for new qualified plug-in electric drive motor vehicles (a) Extension Section 30D is amended by adding at the end the following new subsection: (g) Termination This section shall not apply to any property purchased after December 31, 2019. . (b) Restoration of Credit for Large New Qualified Plug-In Electric Drive Motor Vehicles Weighing Over 14,000 Pounds (1) In general The last sentence of section 30D(b)(3) is amended to read as follows: The amount determined under this paragraph shall not exceed— (A) $5,000, in the case of any new qualified plug-in electric drive motor vehicle with a gross vehicle weight rating of not more than 14,000 pounds, (B) $10,000, in the case of any new qualified plug-in electric drive motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and (C) $12,500, in the case of any new qualified plug-in electric drive motor vehicle with a gross vehicle weight rating of more than 26,000 pounds. . (2) Conforming amendments Paragraph (1) of section 30D(d) is amended by adding and at the end of subparagraph (D), by striking subparagraph (E), and by redesignating subparagraph (F) as subparagraph (E). (c) Increase in Per Manufacturer Cap Paragraph (2) of section 30D(e) is amended by striking 200,000 and inserting 400,000 . (d) Effective Date The amendments made by this section shall apply to vehicles acquired after the date of the enactment of this Act. 423. Extension of credit for certain plug-in electric vehicles (a) In General Subsection (f) of section 30 is amended by striking December 31, 2011 and inserting December 31, 2019 . (b) Effective Date The amendment made by this section shall apply to vehicles acquired after the date of the enactment of this Act. 424. Tax credit for most efficient vehicle in class Subpart B of part IV of subchapter A of chapter 1 (relating to other credits) is amended by adding at the end the following new section: 30E. Most efficient vehicle in class credit (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $2,000 for each car that is determined to be the most efficient vehicle in class placed in service by the taxpayer during the taxable year. (b) Most efficient vehicle in class For purposes of this section, the term most efficient vehicle in class means the motor vehicle identified as the most efficient vehicle in each class of vehicle in the Annual Fuel Economy Guide published by the Environmental Protection Agency. . 425. Extension of credit and extension of temporary increase in credit for alternative fuel vehicle refueling property (a) Extension of Credit Subsection (g) of section 30C is amended by striking service— and all that follows and inserting service after December 31, 2019. . (b) Extension of Temporary Increase Paragraph (6) of section 30C(e) is amended— (1) by striking January 1, 2011 and inserting January 1, 2020 , and (2) by striking and 2010 in the heading and inserting through 2019 . (c) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2010. 426. Modification of alternative fuel credit (a) Alternative fuel credit Paragraph (5) of section 6426(d) (relating to alternative fuel credit) is amended by inserting , and December 31, 2019, in the case of any sale or use involving compressed or liquefied natural gas or liquified petroleum gas after hydrogen . (b) Alternative fuel mixture credit Paragraph (3) of section 6426(e) is amended by inserting , and December 31, 2019, in the case of any sale or use involving compressed or liquefied natural gas or liquified petroleum gas after hydrogen . (c) Payments relating to alternative fuel or alternative fuel mixtures Paragraph (6) of section 6427(e) is amended— (1) in subparagraph (C)— (A) by striking subparagraph (D) and inserting subparagraphs (D) and (E) , and (B) by striking and at the end thereof, (2) by striking the period at the end of subparagraph (D) and inserting , and , and (3) by inserting at the end the following: (E) any alternative fuel or alternative fuel mixture (as so defined) involving compressed or liquefied natural gas or liquified petroleum gas sold or used after December 31, 2019. . (d) Effective date The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. 427. Extension of credits for biodiesel and renewable diesel (a) In general Sections 40A(g), 6426(c)(6), and 6427(e)(6)(B) are each amended by striking December 31, 2013 and inserting December 31, 2019 . (b) Effective date The amendments made by this section shall apply to fuel produced, and sold or used, after December 31, 2013. C Low-Carbon Diversification of Electric System 431. Innovative low-carbon loan guarantee program Section 1703 of the Energy Policy Act of 2005 ( 42 U.S.C. 16513 ) is amended— (1) in subsection (b), by adding at the end the following: (11) Innovative low-carbon technology projects in accordance with subsection (f). ; and (2) by adding at the end the following: (f) Innovative low-Carbon technology projects (1) In general The Secretary may make guarantees to carry out innovative low-carbon technologies projects. (2) Funding (A) In general Subject to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), the total principal amount of loans guaranteed to carry out projects under this subsection shall not exceed $50,000,000,000, to remain available until committed. (B) Additional amounts Amounts made available to carry out this subsection shall be in addition to any other authority provided for fiscal year 2010 or any previous fiscal year. (C) Source of funds (i) In general Amounts made available to carry out this subsection shall be— (I) derived from amounts received from borrowers pursuant to section 1702(b)(2) for fiscal year 2010 or any previous fiscal year; and (II) collected in accordance with the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). (ii) Treatment The source of payment received from borrowers described in clause (i) shall be not considered a loan or other debt obligation that is guaranteed by the Federal Government. (D) Subsidy cost In accordance with section 1702(b)(2), no appropriations to carry out this subsection shall be available to pay the subsidy cost of guarantees. . 432. Ensuring revenues are sufficient for implementation of title IV (a) Any programs or directives established by title IV of this Act, such as sections 401, 403, and 431, but not extensions of tax credits, shall be offset with funds in the Carbon Free Reserve account established in section 107. (b) Once the reserve account’s balance has funds sufficient to offset the costs of these provisions, the Secretary of Energy shall submit a plan to Congress within 180 days to begin implementation of those provisions.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4956ih/xml/BILLS-113hr4956ih.xml
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