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113-hr-4957
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I 113th CONGRESS 2d Session H. R. 4957 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Olson (for himself, Mr. McCarthy of California , Mr. McClintock , Mr. Schweikert , Mr. Stockman , Mr. Chaffetz , Mr. Pearce , Mr. Pompeo , Mr. Campbell , Mr. Tipton , Mr. Salmon , Mr. Weber of Texas , Mr. Duncan of South Carolina , Mr. Gosar , Mr. Poe of Texas , Mr. Franks of Arizona , Mr. Neugebauer , Mr. Marchant , Mr. Culberson , Mr. Conaway , Mr. Latta , Mr. Williams , and Mr. Kelly of Pennsylvania ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act with respect to exceptional event demonstrations, and for other purposes.
1. Short title This Act may be cited as the Commonsense Legislative Exceptional Events Reforms Act of 2014 . 2. Clean Air Act exceptional events Section 319(b) of the Clean Air Act ( 42 U.S.C. 7619(b) ) is amended— (1) in paragraph (1)(B)— (A) in clause (i)— (i) by striking (i) stagnation of air masses or and inserting (i)(I) ordinarily occurring stagnation of air masses or (II) ; and (ii) by inserting or after the semicolon; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii); and (2) in paragraph (3)— (A) in subparagraph (B)(iv), by striking to petition the Administrator to and inserting to submit a petition (in this section referred to as an exceptional event demonstration ) to the Administrator to ; and (B) by adding at the end the following: (C) Criteria for determination of exceptional event demonstration (i) In general The criteria for evidence, analyses, and documentation applicable to approval or disapproval of an exceptional event demonstration under the regulations under this section shall be stated with specificity in order to minimize the discretion of the Administrator in approving or disapproving that demonstration. (ii) State participation The Administrator shall develop the criteria in conjunction with input from the States. (iii) Contents The criteria shall reflect the varying levels of technical expertise and resources available in State and local agencies and the varying availability of meteorological and other monitoring data in rural areas, and may vary with respect to different regions. (iv) Considerations In developing the criteria, the Administrator shall consider the use of an expedited or streamlined approval process and conditions under which exceptional event demonstrations may be suitable for such a process. (D) Timing of determination of exceptional event demonstration (i) Deadline for determination (I) In general Not later than 90 days after submission of an exceptional event demonstration, the Administrator shall approve, disapprove, or request additional information from a State regarding the exceptional event demonstration. (II) Administration If the Administrator does not approve, disapprove, or request additional information relating to an exceptional event demonstration within the 90-day period described in subclause (I), the demonstration shall be considered to be approved on the day after the date on which that 90-day period ends. (ii) Deadline if additional information requested (I) In general If the Administrator requests additional information from a State regarding an exceptional event demonstration under clause (i), not later than 90 days after the submission of that additional information, the Administrator shall approve or disapprove the demonstration. (II) Administration If the Administrator does not approve or disapprove a demonstration for which additional information is submitted within the 90-day period described in subclause (I), the demonstration shall be considered to be approved. (E) Burden of proof The regulations promulgated under this section shall provide that— (i) a determination by the Administrator with respect to approval or disapproval of an exceptional event demonstration be based on a preponderance of the evidence; and (ii) in making a determination, the Administrator— (I) shall accord substantial deference to the findings of the State exceptional event demonstration; and (II) may develop and use analyses and consider evidence not provided in the exceptional event demonstration, subject to the condition that the analyses are developed by the Environmental Protection Agency. (F) Appeals (i) Disapproval (I) In general Subject to subclause (II), disapproval by the Administrator of an exceptional event demonstration shall be considered final action subject to judicial review under section 307(b). (II) Limitation Notwithstanding subclause (I), disapproval by the Administrator of an exceptional event demonstration shall only be subject to appeal by the State that submitted the exceptional event demonstration. (ii) Approval Approval by the Administrator of an exceptional event demonstration shall not be subject to appeal or other judicial action. . 3. Revision of regulations After providing for a notice and comment period, but not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the regulations under section 319(b) of the Clean Air Act ( 42 U.S.C. 7619(b) ) to carry out the amendments made by this Act.
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113-hr-4958
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I 113th CONGRESS 2d Session H. R. 4958 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Flores (for himself and Mr. Gohmert ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide monetary awards to any individual who provides information pertaining to the electronic communications sent by Lois Lerner during her employment at the Internal Revenue Service, and for other purposes.
1. Short title This Act may be cited as the Identify and Recover Sent E-Mails Act . 2. Awards in connection with Lois Lerner IRS e-mails (a) Recovery of e-mails Upon receipt of certification from Congress that an individual or group of individuals has retrieved and submitted to Congress the electronic communications sent by Lois Lerner during her employment with the Internal Revenue Service, the Secretary of the Treasury shall pay a cash award of $1,000,000 to such individual or group of individuals. (b) Destruction of e-mails Upon receipt of certification from the Attorney General that an individual or group of individuals has provided pertinent information sufficient for prosecution of the individuals involved in illegal activities (if any) with respect to the destruction of the electronic communications sent by Lois Lerner during her employment with the Internal Revenue Service, the Secretary of the Treasury shall pay a cash award of $500,000 to any such individual or group of individuals. (c) Source of funds The award amounts authorized under this section shall be derived from the unobligated amounts available for fiscal year 2014 in Public Law 113–76 under the heading Department of the Treasury—Internal Revenue Service—Taxpayer Services . 3. Obligation limitation on IRS employee salaries until Lois Lerner IRS e-mails are recovered (a) In general Of the amounts made available in Public Law 113–76 for the salaries for employees of the Internal Revenue Service, not more than 80 percent of such funds may be obligated during fiscal year 2014 until the electronic communications sent by Lois Lerner during her employment with the Internal Revenue Service have been recovered and submitted to Congress. (b) Application The limitation provided in subsection (a) shall cease to apply on the date that Congress certifies to the Commissioner of Internal Revenue and the Director of the Office of Personnel Management that such e-mails have been recovered.
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113-hr-4959
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I 113th CONGRESS 2d Session H. R. 4959 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Hudson (for himself, Mr. Kline , and Mr. Walberg ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Equal Employment Opportunity Commission to maintain up-to-date information on its website regarding charges and actions brought by the Commission, and for other purposes.
1. Short title This Act may be cited as the EEOC Transparency and Accountability Act . 2. Availability of information about cases on the EEOC website (a) In general Beginning not later than 30 days after the date of enactment of this Act, the Equal Employment Opportunity Commission shall maintain the following up-to-date information on its public website: (1) A description of each case brought in court by the Commission, not later than 30 days after a judgment is made with respect to any cause of action in the case, without regard to whether the judgment is final. Such description shall identify— (A) the court in which the case was brought; (B) the name and case number of the case, the nature of the allegation, the causes of action brought, and the outcome of each cause of action in the case; (C) each instance in which the Commission was ordered to pay fees and costs, including the amount of such fees and costs ordered to be paid and, when applicable, the amount of fees and costs actually paid by the Commission and the reason for the fee or cost award; (D) whether the case was authorized by a majority vote of the Commission or was brought pursuant to the Commission’s delegation of authority to the General Counsel of the Commission, including the basis on which the General Counsel determined that submission to the Commission for authorization was not necessary and a justification of that decision; (E) any case in which a sanction was imposed on the Commission, including the amount of such sanction and the reason for the sanction; and (F) any appeal and the outcome of the appeal. (2) The total number of charges of an alleged unlawful employment practice filed during the preceding fiscal year by a member of the Commission, as authorized by the Commissioner charge authority under section 706(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(b) ) and section 107(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12117(a) ), and the total number of resolutions of such charges disaggregated by type of resolution. (3) The total number of charges of an alleged unlawful employment practice filed during the preceding fiscal year as a result of the Commission’s use of its directed investigation authority under section 7(a) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 626(a) ) and section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ), and the total number of resolutions of such charges disaggregated by type of resolution. (4) Each case of systemic discrimination (including pattern or practice discrimination) brought in court by the Commission under section 706 or 707 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5 , 2000e–6) within the preceding 30 days, the court in which the case was brought, the name and case number of the case, the industry involved, the employment practice or practices at issue, the nature of the alleged discrimination, and the circumstances of the systemic discrimination alleged in the case. (b) Disaggregation With respect to the total number of charges of alleged unlawful employment practices provided under paragraphs (2) and (3) of subsection (a), the Commission shall, on its public website, disaggregate each such total number by the number of such charges filed in each State, and within each State, by the number of such charges alleging discrimination on the basis of, or filed under, each of the following: (1) Race. (2) Sex. (3) National Origin. (4) Religion. (5) Color. (6) Retaliation. (7) Age. (8) Disability. (9) Section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ). (c) Annual performance report Beginning fiscal year 2015, the Commission shall include in its annual performance report under section 1116 of title 31, United States Code, the information described in paragraphs (1) through (4) of subsection (a) for the preceding fiscal year, except that such information shall not be disaggregated in accordance with subsection (b). (d) Definition For purposes of this section, the term State has the meaning given the term in section 701 of the Civil Rights Act of 1965 ( 42 U.S.C. 2000e ). 3. Good faith conference, conciliation, and persuasion Section 706(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5(b) ) is amended— (1) in the sixth sentence— (A) by striking shall endeavor and inserting shall use good faith efforts to endeavor ; and (B) by inserting bona fide after conference, ; (2) in the seventh sentence— (A) by inserting , good faith after such informal ; and (B) by striking persons concerned and inserting employer, employment agency, or labor organization, except for the sole purpose of allowing a party to any pending litigation to present to the reviewing court evidence to ensure the Commission’s compliance with its obligations under this section prior to filing suit ; and (3) by adding at the end the following: No action or suit may be brought by the Commission under this title unless the Commission has in good faith exhausted its conciliation obligations as set forth in this subsection. No action or suit shall be brought by the Commission unless it has certified that conciliation is at impasse. The determination as to whether the Commission engaged in bone fide conciliation efforts shall be subject to judicial review. The Commission’s good faith obligation to engage in bona fide conciliation shall include providing the employer, employment agency, or labor organization believed to have engaged in an unlawful employment practice with all information regarding the legal and factual bases for the Commission’s determination that reasonable causes exist as well as all information that supports the Commission’s requested monetary and other relief (including a detailed description of the specific individuals or employees comprising the class of persons for whom the Commission is seeking relief and any additional information requested that is reasonably related to the underlying cause determination or necessary to conciliate in good faith). . 4. Reporting to Congress regarding cases in which the EEOC is ordered to pay fees and costs or sanctions (a) Investigation and report of Inspector General In any case brought by the Equal Employment Opportunity Commission in which a court orders the Commission to pay fees and costs or imposes a sanction on the Commission, the Inspector General of the Commission shall— (1) notify the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate of the order or sanction within 14 days of the court’s decision, including the name of the case, the nature of the court’s determination, and the amount of fees and costs ordered or the amount of the sanction imposed by the court; and (2) conduct an investigation to determine why an order for sanction, fees, or costs was imposed by the court, and, not later than 90 days after the court’s decision, submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate that includes— (A) information obtained from interviews and affidavits of each member and staff person of the Commission involved in the case; (B) the amount of resources allocated to the case, including in terms of full-time equivalents; (C) a comparison of the case to other cases in which a court ordered fees and costs or imposed sanctions against the Commission; (D) if the determination to bring the case was not by a vote of the full Commission, the reasons such a vote was not held; and (E) any other relevant information. (b) Report of the Commission For any case described in subsection (a), the Commission, in consultation with the General Counsel of the Commission, shall— (1) not later than 60 days after the court’s decision, submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate detailing the steps the Commission is taking to reduce instances in which a court orders the Commission to pay fees and costs or imposes a sanction on the Commission; and (2) not later than 30 days after the report is submitted to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate under paragraph (1), post such report on its public website.
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113-hr-4960
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I 113th CONGRESS 2d Session H. R. 4960 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Young of Indiana (for himself, Ms. Linda T. Sánchez of California , Mr. Reichert , Mrs. Black , Mr. Kelly of Pennsylvania , Mr. Nunes , Mr. Tiberi , Mr. Boustany , Mr. Price of Georgia , Mr. Schock , Mr. Paulsen , Mr. Marchant , Mr. Griffin of Arkansas , Mr. Neal , Mr. Larson of Connecticut , Mr. Pascrell , Mr. Rangel , Ms. Schwartz , Mr. Danny K. Davis of Illinois , Mr. Lewis , Mr. Kind , Mr. Gerlach , and Mr. Renacci ) 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 substantiation rules for the donation of vehicles valued between $500 and $5,000 dollars.
1. Short title This Act may be cited as the Charitable Automobile Red-Tape Simplification Act of 2014 or as the CARS Act of 2014 . 2. Modification of substantiation rules for the donation of certain vehicles (a) In general Paragraph (12) of section 170(f) of the Internal Revenue Code of 1986 is amended to read as follows: (12) Contributions of used motor vehicles, boats, and airplanes exceeding $500 but not $5,000 (A) In general In the case of a contribution of a qualified vehicle the claimed value of which exceeds $500 but not $5,000, paragraph (8) shall not apply and no deduction shall be allowed under subsection (a) for such contribution unless the taxpayer attaches to the return for the taxable year— (i) a statement that includes— (I) the make, model, year of manufacture, and condition of the qualified vehicle at time of donation, and (II) a good faith estimate of the value of the qualified vehicle at time of donation based on a widely available used vehicle pricing guide (as determined by the Secretary) which takes into account unusual equipment, unusual mileage, and physical condition of the vehicle, and (ii) a contemporaneous written acknowledgment of the contribution by the donee organization which includes the following information: (I) The name and taxpayer identification number of the donor. (II) The vehicle identification number or similar number. (III) The condition of the donated vehicle, including any engine trouble, body damage, high mileage, and any excessive wear and tear. (IV) Whether the donee organization provided any goods or services in consideration, in whole or in part, for the qualified vehicle. (V) A description and good faith estimate of the value of any goods or services referred to in clause (iv) or, if such goods or services consist solely of intangible religious benefits (as defined in paragraph (8)(B)), a statement to that effect. (B) Information to secretary A donee organization required to provide an acknowledgment under this paragraph shall provide to the Secretary the information contained in the acknowledgment. Such information shall be provided at such time and in such manner as the Secretary may prescribe. (C) Qualified vehicle For purposes of this paragraph, the term qualified vehicle means any— (i) motor vehicle manufactured primarily for use on public streets, roads, and highways, (ii) boat, or (iii) airplane. Such term shall not include any property which is described in section 1221(a)(1). (D) Regulations or other guidance The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this paragraph. . (b) Conforming amendment Section 170(f)(11)(A)(ii)(I) of such Code is amended— (1) by inserting and before publicly , and (2) by striking and any qualified vehicle described in paragraph (12)(A)(ii) for which an acknowledgment under paragraph (12)(B)(iii) is provided . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2014.
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113-hr-4961
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I 113th CONGRESS 2d Session H. R. 4961 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. McCaul introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prevent organized human smuggling, and for other purposes.
1. Short title This Act may be cited as the Human Smuggling Prevention Act of 2014 . 2. Organized human smuggling (a) Prohibited activities Whoever, while acting for profit or other financial gain, knowingly directs or participates in an effort or scheme to assist or cause five or more persons (other than a parent, spouse, or child of the offender)— (1) to enter, attempt to enter, or prepare to enter the United States— (A) by fraud, falsehood, or other corrupt means; (B) at any place other than a port or place of entry designated by the Secretary of Homeland Security; or (C) in a manner not prescribed by the immigration laws and regulations of the United States; or (2) to travel by air, land, or sea toward the United States (whether directly or indirectly)— (A) knowing that the persons seek to enter or attempt to enter the United States without lawful authority; and (B) with the intent to aid or further such entry or attempted entry; or (3) to be transported or moved outside of the United States— (A) knowing that such persons are aliens in unlawful transit from one country to another or on the high seas; and (B) under circumstances in which the persons are in fact seeking to enter the United States without official permission or legal authority; shall be punished as provided in subsection (c) or (d). (b) Conspiracy and attempt Any person who attempts or conspires to violate subsection (a) of this section shall be punished in the same manner as a person who completes a violation of such subsection. (c) Base penalty Except as provided in subsection (d), any person who violates subsection (a) or (b) shall be fined under title 18, United States Code, imprisoned for not more than 20 years, or both. (d) Enhanced penalties Any person who violates subsection (a) or (b) shall— (1) in the case of a violation during and in relation to which a serious bodily injury (as such term is defined in section 1365 of title 18, United States Code) occurs to any person, be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (2) in the case of a violation during and in relation to which the life of any person is placed in jeopardy, be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (3) in the case of a violation involving ten or more persons, be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (4) in the case of a violation involving the bribery or corruption of a United States or foreign government official, be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (5) in the case of a violation involving robbery or extortion (as such terms are defined in paragraph (1) or (2), respectively, of section 1951(b) of title 18, United States Code) be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (6) in the case of a violation during and in relation to which any person is subjected to an involuntary sexual act (as such term is defined in section 2246(2) of title 18, United States Code), be fined under title 18, United States Code, imprisoned for not more than 30 years, or both; (7) in the case of a violation resulting in the death of any person, be fined under title 18, United States Code, imprisoned for any term of years or for life, or both; (8) in the case of a violation in which any alien is confined or restrained, including by the taking of clothing, goods, or personal identification documents, be fined under title 18, United States Code, imprisoned not fewer than five years and not more than ten years, or both; (9) in the case of smuggling an unaccompanied alien child (as such term is defined in paragraph (2) of section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ), be fined under title 18, United States Code, imprisoned not more than 20 years. (e) Lawful authority defined In this section, the term lawful authority — (1) means permission, authorization, or license that is expressly provided for in the immigration laws of the United States or accompanying regulations; and (2) does not include any such authority secured by fraud or otherwise obtained in violation of law, nor does it include authority sought, but not approved. (f) Effort or scheme For purposes of this section, effort or scheme to assist or cause five or more persons does not require that the five or more persons enter, attempt to enter, prepare to enter, or travel at the same time so long as the acts are completed within one year. 3. Strategy to combat human smuggling (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall implement a strategy to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States. (b) Components The strategy referred to in subsection (a) shall include, at a minimum, the following components: (1) Efforts to increase coordination between the border and maritime security components of the Department of Homeland Security. (2) An identification of intelligence gaps impeding the ability to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States. (3) Efforts to increase information sharing with State and local governments and other Federal agencies. (4) Efforts to provide, in coordination with the Federal Law Enforcement Training Center, training for the border and maritime security components of the Department of Homeland Security to deter, detect, and interdict human smuggling across the international land and maritime borders of the United States. (5) An identification of the high traffic areas of human smuggling along the international land and maritime borders of the United States. (c) Report Not later than 30 days after the implementation of the strategy referred to in subsection (a), the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that describes such strategy, including the components described in subsection (b). If the Secretary determines that such is appropriate, such report may be submitted in classified form. (d) Annual list of high traffic areas Not later than February 1 of every year beginning in the year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a list of the high traffic areas of human smuggling referred to in subsection (b)(5). (e) High traffic areas of human smuggling defined In this Act, the term high traffic areas of human smuggling means the United States ports of entry and areas between such ports that have the most human smuggling activity, as measured by U.S. Customs and Border Protection. 4. Unlawfully hindering immigration, border, and customs controls (a) Illicit spotting Whoever knowingly transmits to another person the location, movement, or activities of any Federal, State, or tribal law enforcement agency with the intent to further a Federal crime relating to United States immigration, customs, controlled substances, agriculture, monetary instruments, or other border controls shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. (b) Destruction of United States border controls Whoever knowingly and without lawful authorization destroys, alters, or damages any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry, or otherwise seeks to construct, excavate, or make any structure intended to defeat, circumvent or evade any such fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control the border or a port of entry, shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both, and if, at the time of the offense, the person uses or carries a firearm or, in furtherance of any such crime, possesses a firearm, that person shall be fined under title 18, United States Code, imprisoned not more than 20 years, or both. (c) Conspiracy and attempt Any person who attempts or conspires to violate subsection (a) or (b) shall be punished in the same manner as a person who completes a violation of such subsection. (d) Prohibiting carrying or use of a firearm during and in relation to an alien smuggling crime Section 924(c) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by inserting , alien smuggling crime, after crime of violence each place such term appears; and (B) in subparagraph (D)(ii), by inserting , alien smuggling crime, after crime of violence ; and (2) by adding at the end the following: (6) For purposes of this subsection, the term alien smuggling crime means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act ( 8 U.S.C. 1324(a) , 1327, and 1328). . (e) Statute of limitations Section 3298 of title 18, United States Code, is amended by inserting , or under section 2 or subsection (a), (b), or (c) of section 4 of the Human Smuggling Prevention Act of 2014, after Immigration and Nationality Act .
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113-hr-4962
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I 113th CONGRESS 2d Session H. R. 4962 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Franks of Arizona (for himself, Mr. Schweikert , Mr. Gosar , Mr. Fincher , Mr. Stockman , Mr. LaMalfa , Mr. Crenshaw , Mr. Weber of Texas , Mr. Poe of Texas , Mr. Sam Johnson of Texas , Mr. Neugebauer , Mr. McClintock , Mr. DeSantis , Mr. Posey , Mr. Yoho , Mrs. Bachmann , and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on the Judiciary , Natural Resources , and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for enhanced border security, and for other purposes.
1. Short title This Act may be cited as the National Border and Homeland Security Act . 2. Priority distributions under the State Criminal Alien Assistance Program Section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) is amended by adding at the end the following: (7) In distributing amounts under this subsection to a State or political subdivision of a State, including a municipality, for a fiscal year, the Attorney General shall prioritize compensating— (A) States that are on the northern or southern border; or (B) political subdivisions of States, including municipalities, that, in the determination of the Attorney General, have one of the four largest populations of aliens unlawfully present in the United States for the preceding fiscal year. . 3. Fencing along and operational control of the southwest border (a) Fencing Section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended— (1) in subparagraph (A), by inserting , not later than December 31, 2015, before construct ; and (2) in subparagraph (B)— (A) in clause (i), by striking 370 miles, or other mileage determined by the Secretary, whose authority to determine other mileage shall expire on December 31, 2008, and inserting areas ; and (B) in clause (ii), by striking 2008 and inserting 2015 . (b) Operational control Subsection (a) of section 2 the Secure Fence Act of 2006 ( 8 U.S.C. 1701 note; Public Law 109–367 ) is amended, in the matter preceding paragraph (1)— (1) by striking 18 months after the date of the enactment of this Act, and inserting December 31, 2015, ; and (2) by inserting , in consultation with State and local officials along the international border between the United States and Mexico, including border State governors, mayors of border towns and cities, and border sheriffs, before shall . 4. Border Patrol agents The Secretary of Homeland Security shall increase the number of positions for full-time, active-duty Border Patrol agents over the number of such agents for the preceding fiscal year as follows: (1) Three thousand such agents for fiscal year 2015 (with 2,500 such agents deployed to the southern border and 500 such agents deployed to the northern border). (2) One thousand such agents for fiscal year 2016 (with 800 such agents deployed to the southern border and 200 such agents deployed to the northern border). (3) One thousand such agents for fiscal year 2017 (with 800 such agents deployed to the southern border and 200 such agents deployed to the northern border). (4) One thousand such agents for fiscal year 2018 (with 800 such agents deployed to the southern border and 200 such agents deployed to the northern border). 5. Customs and Border Protection For each of fiscal years 2015, 2016, 2017, and 2018, the Secretary of Homeland Security shall increase by not fewer than 200 the number of United States Customs and Border Protection officers at United States ports of entry over the number of such officers at such ports for the preceding fiscal year. 6. Biometric entry and exit data system (a) In general Not later than 18 months after the date of enactment of this Act, the Secretary of Homeland Security shall establish the biometric entry and exit data system required by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ), notwithstanding any other dates specified in such section. (b) Requirements In addition to the features required by the biometric entry and exit data system in accordance with section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 8 U.S.C. 1365b ), the Secretary of Homeland Security shall ensure that such system is established and in operation at each port of entry in the United States. 7. Prohibition on impeding certain activities of the Secretary of Homeland Security related to border security On public lands of the United States, neither the Secretary of the Interior nor the Secretary of Agriculture may impede, prohibit, or restrict activities of the Secretary of Homeland Security to achieve operational control (as defined in section 2(b) of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 note; Public Law 109–367). 8. Global nuclear detection architecture Section 1902(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 592(a) ) is amended— (1) in paragraph (1), by inserting before the semicolon at the end the following: , particularly with respect to potential smuggling routes in land border areas between ports of entry, railcars entering the United States from Canada or Mexico, and private aircraft or small vessels ; (2) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; (3) by inserting after paragraph (12) the following new paragraph: (13) develop objectives to be accomplished to carry out this subsection, identify roles and responsibilities for meeting such objectives, ensure that the funding necessary to achieve such objectives is available, and employ monitoring mechanisms to determine progress toward achieving such objectives; ; and (4) in paragraph (14), as so redesignated, by striking paragraphs (10), (11), and (12) and inserting this subsection . 9. Portable radiation detectors and radioactive isotope identification devices Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall determine the number of next generation portable radiation detectors (PRD) and radioactive isotope identification devices (RIID) required by Border Patrol agents patrolling the southern and northern borders of the United States and procure such detectors and devices. 10. Strategic plan to detect and interdict biological and chemical weapons (a) In general (1) Development Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall develop a strategic plan (in this section referred to as the Plan ) to detect and interdict biological and chemical weapons entering the United States. (2) Implementation The Secretary of Homeland Security shall complete implementation of the Plan not later than two years after the development of the Plan under paragraph (1). (b) Reports to Congress (1) Initial report Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report that describes the Plan. (2) Annual report Not later than two years after the submission of the initial report under paragraph (1) and annually thereafter, the Secretary of Homeland Security shall submit reports to Congress on the implementation of the Plan.
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113-hr-4963
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I 113th CONGRESS 2d Session H. R. 4963 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Ms. Michelle Lujan Grisham of New Mexico (for herself and Ms. Kaptur ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Real Estate Settlement Procedures Act of 1974 to provide protections to borrowers, and for other purposes.
1. Short title This Act may be cited as the National Homeowners Bill of Rights Act of 2014 . 2. Servicer treatment of borrowers The Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2601 et seq. ) is amended by inserting after section 6 the following: 6A. Servicer treatment of borrowers (a) Servicer requirements (1) Single electronic record and single point of contact Each servicer of a federally related mortgage loan, or agents of such servicer, shall, with respect to the borrower, establish a single electronic record for each account, the contents of which shall be accessible throughout the servicer, or agents of such servicer, including to all affordable loan modification staff, all foreclosure staff, and all bankruptcy staff. (2) Availability of net present value information Servicers shall maintain a free and publicly accessible website where borrowers may check their estimated net present value. (b) Protections for homeowners with limited English proficiency (1) Free oral interpretation Servicers shall provide free oral interpretation services for borrowers who request such services and such services may be provided by contracting with housing counseling agencies that are approved by the Department of Housing and Urban Development and that have appropriate language capacity. (2) Notation in file Servicers shall— (A) note a request for translation services in the borrower’s file and make such note available to all relevant servicer personnel; and (B) note in the borrower’s file any time the borrower has communicated or sought to communicate with the servicer in a language other than English, and shall include such other language. (3) Translated documents (A) Providing documents (i) In general Servicers shall, if a borrower asks for translated documents, provide key documents to the borrower translated into the language of the borrower, including periodic statements, affordable loan modification applications, denial notices, and loan modification offers, including any trial period plan. (ii) Exception Clause (i) shall only require providing documents in— (I) commonly spoken languages in the United States, as determined by the Bureau; (II) with respect to a particular servicer, languages spoken by a significant number of individuals living in any markets in which the servicer does business, as determined by the Bureau. (B) Accepting documents Servicers shall only be required to accept documents in languages in which the servicer already provides documents, that are considered to be part of routine business transactions in the market in which the mortgage loan was made, or that are used in documents provided to the public by any department or agency of the Federal Government. (4) Exception Subparagraph (A) of paragraph (3) shall not apply to small servicers, as defined under section 1026.41(e)(4)(ii) of title 12, Code of Federal Regulations. (c) Requirements during affordable loan modification process (1) Borrowers facing imminent default Servicers shall evaluate a borrower facing imminent default (as such term is defined by the Bureau), as well as those in default, for affordable loan modification assistance, as described in this section. (2) Assistance to borrowers (A) Assistance in applying for affordable loan modification Servicers shall— (i) have available and sufficient staff to answer questions borrowers may have about filling out documents; and (ii) provide borrowers a list of non-profit legal services organizations and housing agencies approved by the Department of Housing and Urban Development, that can assist the borrowers with documents. (B) Treatment of successors in interest Servicers shall— (i) provide full information and complete loss mitigation options to successor homeowners protected from an acceleration of a mortgage loan under the Garn-St Germain Depository Institutions Act of 1982, if requested by the successor homeowner; and (ii) review a mortgage loan for loss mitigation, as though the successor homeowner was the borrower, and provide a decision on available loss mitigation prior to an assumption of the mortgage loan, if requested by the succeeding homeowner. (3) After reviewing application If a servicer denies an application for an affordable loan modification, the servicer shall notify the borrower of other loss mitigation options that may be available to the borrower and shall consider the borrower for such other loss mitigation options. (4) Rule of construction Nothing in this section shall be construed as prohibiting a servicer from considering a borrower for other loss mitigation options, so long as the servicer first offers the borrower an affordable loan modification if the borrower is eligible for such a modification. (5) Requirements related to transfer of loans (A) In general For any transfer of servicing to a successor servicer of a federally related mortgage loan or subservicer, the transferring servicer shall— (i) inform the successor servicer (including a subservicer) whether a loan modification request is pending; (ii) provide the successor servicer with all documentation related to the mortgage loan, including any documentation relating to a loan modification or loss mitigation process; (iii) ensure that the successor servicer has the operational capacity to manage the transferred loan; (iv) ensure that the successor servicer shall accept and continue processing prior loan modification requests, by including such requirement in the agreement made between the servicers when transferring the loan; (v) ensure that successor servicer shall honor trial and permanent loan modification agreements entered into by the transferring servicer by including such requirement in the agreement made between the servicers when transferring the loan; and (vi) notify the borrower of the transferred loan that the new servicer is required to accept and continue processing prior loan modification requests, if any, and is required to honor trial and permanent loan modification agreements entered into by the transferring servicer, if any. (B) Honoring of existing loan modifications and applications in process The successor servicer shall agree to honor and accept any existing loan modification and continue any loan modification applications. (C) Prohibition on foreclosure During the 60-day period beginning on the effective date of transfer of the servicing of any federally related mortgage loan, the mortgage loan subject to such transfer may not be subject to initiation of a judicial or non-judicial foreclosure or be subject to a foreclosure sale. (d) Subsequent applications for affordable loan modification If a borrower has submitted an application or request in the past, the servicer shall allow such borrower to make a subsequent affordable loan modification application if the borrower experiences a material change in circumstances, as defined by the Bureau. (e) Limitation on foreclosure proceedings (1) Stop of sales pending application If a borrower submits an initial application for affordable loan modification assistance more than 7 business days before a scheduled foreclosure sale, the servicer must stop and cancel the foreclosure sale. (2) Initiation of foreclosure A servicer may not initiate or continue a nonjudicial foreclosure or a judicial foreclosure that is otherwise authorized under State law against a mortgagor that has submitted an initial application for an affordable loan modification or other loss mitigation, unless the servicer— (A) has determined whether the mortgagor is eligible for an affordable loan modification; and (B) has made such a modification, if the mortgagor is eligible for a modification. (3) Foreclosure proceedings permitted Notwithstanding paragraph (2), a servicer may initiate or continue a judicial or nonjudicial foreclosure under State law against a borrower, if— (A) the servicer— (i) determines that the borrower is not eligible for a modification; (ii) notifies the borrower of the determination under clause (i); and (iii) provides the borrower— (I) a copy of any net present value calculation made by the servicer in relation to an affordable loan modification, including any information providing a basis for such net present value calculation; (II) a copy of any note, deed of trust, or other document necessary to establish the right of the servicer to foreclose on the mortgage, including proof of assignment of the mortgage to the servicer and the right of the servicer to enforce the relevant note under the law of the State in which the real property securing the mortgage is located; (III) a copy of any language in the pooling or servicing agreement with respect to the mortgage that the servicer relies upon in asserting that it is prohibited or limited in providing a modification of the mortgage note; (IV) a copy of all correspondence between the servicer and the borrowers and investors in which the servicer attempts to obtain permission to make a modification; and (V) the alternatives to foreclosure available to the borrower, including deed in lieu of foreclosures and short sales; or (B) a borrower— (i) declines to be considered for a loan modification in writing or declines an affordable modification in writing; or (ii) does not respond to the servicer’s outreach activities (as defined by the Bureau) to obtain underlying information to complete an application or fails to make a trial or permanent loan modification payment. For purposes of subparagraph (A), a pooling and servicing agreement is any contract establishing the transaction rights and duties of the parties to any mortgage-backed securitization transaction. (4) Bar to foreclosure Failure to comply with the requirements of this subsection shall be a bar to the foreclosure of a mortgage, deed of trust, or substantially similar instrument. (5) Fees (A) Waiver of late fees If a borrower’s application for affordable loan modification assistance is accepted, the servicer shall waive any foreclosure fees and any late fees related to the delinquency in payment. (B) No fee accrual while application is pending A borrower shall not accrue additional late or foreclosure fees during the period beginning on the date that the borrower submits an affordable loan modification application and the date on which the servicer makes a determination on such application. (6) Notification With respect to a foreclosure sale that is postponed by reason of this subsection, the servicer shall notify the borrower in writing of such postponement and, if a date for such foreclosure sale is rescheduled, shall notify the borrower in writing of the new foreclosure sale date. (7) Certification of determination of eligibility required for sale (A) Sale of property prohibited If the servicer of a mortgage does not file a certification with the appropriate land records office in the jurisdiction where the property securing the mortgage is located, stating that the servicer has determined the eligibility of the mortgagor for an affordable loan modification in compliance with this section— (i) the mortgagee may not sell the property securing the mortgage; and (ii) no person that purchases the property securing the mortgage may initiate an action to recover possession of the property. (B) Violations A sale of property in violation of this paragraph shall be void. (8) Initial application defined For purposes of this subsection, the term initial application means a completed Uniform Borrower Assistance Form 710 of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, a Request for Modification and Affidavit of the Making Home Affordable Program, or other equivalent form that sets forth the borrower’s financial, income, and hardship information and Form 4506–T of the Internal Revenue Service. (f) Affordable loan modifications (1) Affordable loan modification defined For purposes of this section, the term affordable loan modification means an agreement to reduce the amount of scheduled regular payments, determined by the borrower’s debt-to-income ratio or residual income, and subject to such terms and conditions as may be set by the Bureau, including any reduction of the principal amount of the mortgage note as described in paragraph (4), that is reflected in a permanent change to the terms of the mortgage note under such terms as the Bureau shall define. (2) Calculation of target affordable regular mortgage payment For purposes of this subsection, the target affordable regular mortgage payment shall be an amount determined by the borrower’s debt-to-income ratio or residual income, and subject to such terms and conditions as may be set by the Bureau, subject to such terms and conditions as may be set by the Bureau. Such terms shall be based on a fully amortizing principal and interest payment over the remainder of the term of the mortgage, as modified by any reduction in principal. (3) Eligibility A mortgagor shall be eligible to participate in an affordable loan modification if— (A) such person is a borrower under a federally related loan secured by the principal residence of the borrower or a person eligible to assume such a loan as a successor homeowner protected from an acceleration of a mortgage loan under the Garn-St Germain Depository Institutions Act of 1982, who is unable to make payments on a federally related mortgage loan under such criteria as the Director of the Bureau shall define, in consultation with the Secretary of Housing and Urban Development and the Secretary of the Treasury; (B) such residence is occupied by the mortgagor; and (C) the loan modification has a positive net present value (as defined under paragraph (4)(B)(iv)(II)). (4) Earned principal forgiveness (A) In general If, after reducing mortgage note principal under earned principal forgiveness provided in subparagraph (B), a target affordable regular mortgage payment has not been achieved, the servicer of the mortgage shall comply with the affordable loan modification plan waterfall steps as set out by the Bureau of interest rate reduction, term extension, and principal forbearance, as necessary to achieve a target affordable regular mortgage payment. (B) Earned principal forgiveness (i) Principal reduction The Bureau shall determine standards by which a mortgagor who has received an affordable loan modification shall remain in good standing in order to participate in a reduction in mortgage note principal under this subsection. (ii) Principal reduction required Except as provided under clause (iii), a servicer shall offer a borrower an affordable loan modification having the maximum amount of principal reduction that results in a positive net present value calculation. For purposes of calculating net present value, a servicer may use their own formula, if it has been approved by the Bureau, or may use a default formula determined by the Bureau. (iii) Exceptions (I) Greater principal reduction A servicer may offer a greater principal reduction, if such a reduction is consistent with the terms of any contract with respect to the mortgage. (II) Loan-to-value ratio A servicer is not required to offer a principal reduction that would result in a loan-to-value ratio of less than 100 percent. (iv) Rules of construction (I) Maximum amount of principal reduction A principal reduction amount may be considered the maximum amount if it is within $1,000 of the actual maximum amount. (II) Positive net present value calculation A net present value calculation shall be deemed to be positive for the mortgage investors if the net present value result for an affordable loan modification scenario is greater than the net present value result if no affordable loan modification is made. Net present value shall be calculated as the benefit of all investors in a securitization rather than the benefit of any particular class of investors. (v) Principal forgiveness (I) Treatment of principal reduction amount Any amount of principal reduction under clause (ii) shall be treated as non-interest-bearing principal forbearance until the dates described under subclause (II). The principal reduction described in this clause shall be deemed to be separate from and exclusive of any other forbearance that may be offered in conjunction with a modification under an affordable loan modification program. (II) Reduction of principal The servicer of a mortgage modified under an affordable loan modification plan shall reduce the unpaid balance of the principal of the mortgage by an amount equal to 1⁄3 of the total amount of the principal reduction under clause (ii) on each of the following dates: (aa) The date that is 1 year after the date on which the affordable loan modification begins. (bb) The date that is 2 years after the date on which the affordable loan medication begins. (cc) The date that is 3 years after the date on which the affordable loan modification begins. (vi) Certain modifications With respect to a borrower that is not underwater and does not qualify for principle reduction, the servicer shall offer such borrower an affordable loan modification to reach the target affordable regular mortgage payment amount, if the borrower qualifies. (5) Treatment of junior liens With respect to a borrower, if a primary mortgage loan is modified pursuant to this subsection, the servicer of any junior mortgage loan shall make a modification available to the borrower on the same terms as the modification of the primary mortgage loan, unless prohibited by contract. (6) Rule of construction Nothing in this section shall be construed as prohibiting a servicer from providing a loan modification that does not produce a positive net present value (as defined under paragraph (4)(B)(iv)(II)). (g) Bar to foreclosure In any judicial or non-judicial foreclosure proceeding, it shall be a bar to foreclosure that the servicer of the federally related mortgage loan on the property to be foreclosed violated any provision of this section. (h) Civil Penalty (1) In general Any servicer who violates a provision of this section shall be subject to a fine in an amount, as determined by the Bureau, not to exceed $5,000 for each violation except that the maximum penalty for all violations by any particular servicer during any 1-year period shall not exceed $1,000,000. (2) Liability to borrower Any servicer that violates a provision of this section with respect to a loan shall be liable to the borrower of such loan in the amount of $10,000 per violation. (3) Continuing violations In the case of a continuing violation, as determined by the Bureau, each day shall constitute a separate violation for purposes of this subsection. (4) Adjustment of amounts After the end of the 1-year period beginning on the date of the enactment of this subsection, the Bureau shall annually adjust amounts specified under this subsection to reflect inflation. 6B. Mortgage Servicer Ombudsman (a) In general The Director of the Bureau shall appoint a Mortgage Servicer Ombudsman (the Ombudsman ) within the Bureau. (b) Duties The Ombudsman shall provide assistance to servicers and borrowers in complying with Federal law with respect to the servicing of mortgage loans and offer resolution to borrowers who are facing noncompliance. (c) Focus on low-Income borrowers In carrying out this section, the Ombudsman shall focus on providing assistance to low-income borrowers. (d) Consultation The Ombudsman shall consult with— (1) attorneys general of States in carrying out this section; and (2) other offices of the Bureau that engage in dispute resolution. (e) Non-Duplication The Ombudsman may not carry out any activities that would be duplicative with activities of other Bureau offices. 6C. Penalties for robo-signing Any servicer who records or files with a land records office or a court more than one document with material deficiencies with respect to a mortgage loan shall be subject to a fine of not more than $7,500 for each such loan. . 3. Extension of the Protecting Tenants at Foreclosure Act of 2009 Section 704 of the Protecting Tenants at Foreclosure Act of 2009 ( 12 U.S.C. 5201 note; 12 U.S.C. 5220 note; 42 U.S.C. 1437f note) is hereby repealed. 4. Rule of Construction Nothing in this Act, or the amendments made by this Act, shall be construed as preempting any State or local law with respect to foreclosures that provides greater protections for consumers. 5. Rulemaking The Bureau of Consumer Financial Protection shall, not later than the end of the 12-month period beginning on the date of the enactment of this Act, issue regulations to carry out this Act and the amendments made by this Act, and the Bureau shall provide that such regulations take effect not later than the end of the 6-month period beginning on the date the regulations are issued.
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113-hr-4964
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I 113th CONGRESS 2d Session H. R. 4964 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Ways and Means A BILL To direct the Commissioner of Social Security to continue to make Social Security number printouts and benefit verification letters available at field offices of the Social Security Administration.
1. Short title This Act may be cited as the Seniors’ Access to Social Security Act of 2014 . 2. Availability of documents The Commissioner of Social Security shall continue to make available at field offices of the Social Security Administration Social Security number printouts through at least July 31, 2015, and benefit verification letters through at least September 30, 2015.
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113-hr-4965
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I 113th CONGRESS 2d Session H. R. 4965 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Castro of Texas (for himself, Mr. Fattah , and Mr. Veasey ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to award grants to improve childhood care and education for local governments and local educational agencies.
1. Short title This Act may be cited as the Pre-K for USA Act . 2. Grants for improving early childhood care and education Subpart 1 of part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7243 et seq.) is amended by adding at the end the following: 5415. Grants for improving early childhood care and education (a) In general From the amounts appropriated under subsection (f), the Secretary jointly with the Secretary of Health and Human Services and on such terms as such Secretaries set forth in an interagency agreement, shall make competitive grants to qualified entities for activities that build the capacity to develop, enhance, or expand high-quality preschool programs, including comprehensive services and family engagement, for preschool-aged children. (b) Applications Each qualified entity that desires to receive a grant under this section shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. (c) Technical assistance, evaluation, and other national activities The Secretaries may use up to 3 percent of the funds appropriated under subsection (f) for technical assistance, evaluation, and other national activities related to awarding grants under this section. (d) Report (1) Initial report Not later than 30 days prior to the announcement of a competition under this section, the Secretaries shall submit a report outlining the proposed competition and priorities to the Congress on the activities carried out under this section. (2) Annual reports The Secretaries shall submit a report to Congress on the activities carried out under this section, including, at a minimum, information on the following: (A) The progress of each qualified entity in moving toward fulfilling criteria outlined in the entity’s application. (B) The extent to which the qualified entities used grants under this section to expand a high-quality preschool program. (C) The costs and barriers to such expansion, including building and renovating preschool facilities so that such facilities are high-quality and age and developmentally appropriate. (e) Definitions In this section: (1) High-quality preschool program The term high-quality preschool program means an early learning program that includes structural elements that are evidence-based and nationally recognized (such as Head Start program performance standards or research published by the National Institute for Early Education) as important for ensuring program quality, including at a minimum: (A) High staff qualifications, including a teacher with a bachelor degree in early childhood education or a bachelor degree in any field with a State-approved alternate pathway, which may include coursework, clinical practice, and evidence of knowledge of content and pedagogy relating to early childhood, and teaching assistants with appropriate credentials. (B) High-quality professional development for all staff. (C) A staff-child ratio of no more than 1:10. (D) A class size of no more than 20. (E) A full-day program. (F) Full inclusion of children with disabilities. (G) Developmentally appropriate, evidence-based curricula and learning environments that are aligned with the State early learning and development standards, for at least the year prior to kindergarten entry. (H) Individualized accommodations and supports so that all children can access and participate fully in learning activities. (I) Instructional staff salaries comparable to kindergarten through grade 12 teaching staff. (J) Program evaluation to ensure continuous improvement. (K) Onsite or accessible comprehensive services for children. (L) Evidence-based health and safety standards. (2) Qualified entity The term qualified entity means a local educational agency or a local government entity. (3) Secretaries The term Secretaries means the Secretary of Education and the Secretary of Health and Human Services. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years 2015 through 2024. . 3. Conforming amendment The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 5414 the following: Sec. 5415. Grants for improving early childhood care and education. .
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113-hr-4966
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I 113th CONGRESS 2d Session H. R. 4966 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Ms. DeLauro (for herself and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to provide that meat, poultry, and egg products containing certain pathogens or contaminants are adulterated, and for other purposes.
1. Short title This Act may be cited as the Pathogen Reduction and Testing Reform Act of 2014 . 2. Products containing certain pathogens or contaminants adulterated (a) Meat and meat food products Section 1(m) of the Federal Meat Inspection Act ( 21 U.S.C. 601(m) ) is amended— (1) in paragraph (1)— (A) by inserting or a microbial pathogen that is associated with serious illness or death after which may render it injurious to health ; and (B) by inserting or such a microbial pathogen after added substance ; and (2) in paragraph (2)— (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; (B) by inserting after subparagraph (A) the following new subparagraph: (B) if it bears or contains a strain of a microbial pathogen, such as Campylobacter or Salmonella, that is resistant to not less than two critically important antibiotics for human medicine (as specified in the World Health Organization’s list of Critically Important Antimicrobials); ; and (C) in subparagraph (E) (as redesignated by subparagraph (A)) by striking clause (B), (C), or (D) and inserting this subparagraph or subparagraph (C) or (D) . (b) Poultry and poultry products Section 4(g) of the Poultry Products Inspection Act ( 21 U.S.C. 453(g) ) is amended— (1) in paragraph (1)— (A) by inserting or a microbial pathogen that is associated with serious illness or death after which may render it injurious to health ; and (B) by inserting or such a microbial pathogen after added substance ; and (2) in paragraph (2)— (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; (B) by inserting after subparagraph (A) the following new subparagraph: (B) if it bears or contains a strain of a microbial pathogen, such as Campylobacter or Salmonella, that is resistant to not less than two critically important antibiotics for human medicine (as specified in the World Health Organization’s list of Critically Important Antimicrobials); ; and (C) in subparagraph (E) (as redesignated by subparagraph (A)) by striking clause (B), (C), or (D) and inserting this subparagraph or subparagraph (C) or (D) . (c) Eggs and egg products Section 4(a) of the Egg Products Inspection Act ( 21 U.S.C. 1033(a) ) is amended— (1) in paragraph (1)— (A) by inserting or a microbial pathogen that is associated with serious illness or death after which may render it injurious to health ; and (B) by inserting or such a microbial pathogen after added substance ; and (2) in paragraph (2)— (A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; (B) by inserting after subparagraph (A) the following new subparagraph: (B) if it bears or contains a strain of a microbial pathogen, such as Campylobacter or Salmonella, that is resistant to not less than two critically important antibiotics for human medicine (as specified in the World Health Organization’s list of Critically Important Antimicrobials); ; and (C) in subparagraph (E) (as redesignated by subparagraph (A)) by striking clause (B), (C), or (D) and inserting this subparagraph or subparagraph (C) or (D) . 3. Testing for certain pathogens or contaminants required (a) Meat and meat food products The Federal Meat Inspection Act is amended by inserting after section 9 ( 21 U.S.C. 609 ) the following new section: 9A. Testing for certain pathogens or contaminants required Not later than one year after the date of the enactment of this section, the Secretary shall, for purposes of examinations or inspections conducted under this Act, establish sampling protocols and testing procedures using the methods and technologies the Secretary determines are most appropriate— (1) to determine if meat and meat food products are adulterated within the meaning of paragraph (1) or (2)(B) of section 1(m); and (2) to prevent the use in commerce of any product that is determined to be so adulterated. . (b) Poultry and poultry products The Poultry Products Inspection Act is amended by inserting after section 8 ( 21 U.S.C. 457 ) the following new section: 8A. Testing for certain pathogens or contaminants required Not later than one year after the date of the enactment of this section, the Secretary shall, for purposes of examinations or inspections conducted under this Act, establish sampling protocols and testing procedures using the methods and technologies the Secretary determines are most appropriate— (1) to determine if poultry and poultry products are adulterated within the meaning of paragraph (1) or (2)(B) of section 4(g); and (2) to prevent the entry into or flow or movement in commerce of, or the burdening of commerce by, any such product that is determined to be so adulterated. . (c) Egg and egg products The Egg Products Inspection Act is amended by inserting after section 7 ( 21 U.S.C. 1036 ) the following new section: 7A. Testing for certain pathogens or contaminants required Not later than one year after the date of the enactment of this section, the Secretary shall, for purposes of examinations or inspections conducted under this Act, establish sampling protocols and testing procedures using the methods and technologies the Secretary determines are most appropriate— (1) to determine if eggs and egg products are adulterated within the meaning of paragraph (1) or (2)(B) of section 4(a); and (2) to prevent the entry into or flow or movement in commerce of, or the burdening of commerce by, any such product that is determined to be so adulterated. . 4. Regulations; effective date (a) Regulations Not later than 18 months after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this Act. (b) Effective date The amendments made by this Act shall apply with respect to meat and meat food products, poultry and poultry products, and eggs and egg products entering into interstate or foreign commerce on or after the date of the enactment of this Act.
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113-hr-4967
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I 113th CONGRESS 2d Session H. R. 4967 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Franks of Arizona (for himself, Mr. Lamborn , Mr. Yoho , Mr. DeSantis , Mr. Salmon , Mr. Fleming , Mr. Posey , Mr. King of Iowa , Mr. Perry , and Mr. Chabot ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide congressional review of nuclear agreements with Iran.
1. Short title This Act may be cited as the Iran Nuclear Agreement Accountablity Act . 2. Congressional review of nuclear agreements with Iran (a) Congressional review of nuclear agreements with respect to Iran (1) In general Beginning on the date of the enactment of this Act, the President, within three days of the conclusion of any agreement between the United States, any other party, and the Islamic Republic of Iran related to Iran’s nuclear program, shall submit such agreement to Congress. (2) Procedures for review (A) In general During the 15-day period beginning on the date on which the President submits an agreement under paragraph (1), the Committees on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives shall review any such agreement and may hold hearings or briefings, as appropriate. (B) Expedited procedures for a joint resolution of approval or disapproval (i) In general During the 15-day period beginning on the day after the period for review provided for in subparagraph (A), a joint resolution of approval or a joint resolution of disapproval may be introduced in the House of Representatives by the Speaker, the minority leader, or their respective designee, or in the Senate by the majority leader, the minority leader, or their respective designee, and may not be amended. (ii) Referral A joint resolution of approval or a joint resolution of disapproval introduced under clause (i) in the Senate shall be referred to the Committee on Foreign Relations and a joint resolution of approval or a joint resolution of disapproval introduced under clause (i) in the House of Representatives shall be referred to the Committee on Foreign Affairs. (iii) Committee discharge and floor consideration The provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to committee discharge and floor consideration of certain resolutions in the House of Representatives and the Senate) apply to a joint resolution of approval or a joint resolution of disapproval under this subsection to the same extent that such subsections apply to joint resolutions under such section 152, except that— (I) subsection (c)(1) shall be applied and administered by substituting 10 days for 30 days ; and (II) subsection (f)(1)(A)(i) shall be applied and administered by substituting Committee on Foreign Relations for Committee on Finance . (iv) Rules of the House of Representatives and the Senate This subsection is enacted by Congress— (I) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (II) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (v) Definitions In this subsection— (I) the term joint resolution of approval means only a joint resolution of the 2 Houses of Congress, the sole matter after the resolving clause of which is as follows: That Congress approves of the agreement between the United States and the Islamic Republic of Iran submitted by the President to Congress under section 2(a) of the Iran Nuclear Agreement Accountablity Act on ____. , with the blank space being filled with the appropriate date; and (II) the term joint resolution of disapproval means only a joint resolution of the 2 Houses of Congress, the sole matter after the resolving clause of which is as follows: That Congress disapproves of the agreement between the United States and the Islamic Republic of Iran submitted by the President to Congress under section 2(a) of the Iran Nuclear Agreement Accountablity Act on ____. , with the blank space being filled with the appropriate date. (b) Rule of construction Nothing in this section or any action taken pursuant to this section shall be construed as approval of any sanctions relief in connection with any agreement with respect to Iran’s nuclear program.
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113-hr-4968
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I 113th CONGRESS 2d Session H. R. 4968 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Horsford (for himself, Mrs. Beatty , Mr. Messer , and Mrs. Brooks of Indiana ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To posthumously award a Congressional gold medal to Maya Angelou in recognition of her achievements and contributions to American culture and the civil rights movement.
1. Short title This Act may be cited as the Maya Angelou Congressional Gold Medal Act . 2. Findings The Congress finds that: (1) Dr. Maya Angelou, born Marguerite Ann Johnson in St. Louis, Missouri, on April 4, 1928, and raised in Arkansas, was a prominent and celebrated author, poet, educator, producer, actress, filmmaker, and civil rights activist. (2) Dr. Maya Angelou published a myriad of literary works enshrining in history her storied life as an icon of the civil rights movement. (3) Hailed for her talents as a performing artist at an early age, Dr. Angelou toured Europe with a production of the Gershwin opera Porgy And Bess in 1955 and released her first album in 1957. (4) Committed to furthering the work of Dr. Martin Luther King, Dr. Maya Angelou served as a leader of the Southern Christian Leadership Conference during the Civil Rights Movement. (5) In 1969, Dr. Maya Angelou penned the autobiography, I Know Why the Caged Bird Sings , which catapulted her to international acclaim for its vivid and honest depiction of the experience of black women in the Jim Crow era. (6) Dr. Maya Angelou wrote the screenplay and composed the score for the 1972 film Georgia, Georgia; her script, the first by an African-American woman to be filmed, was nominated for a Pulitzer Prize. (7) Dr. Maya Angelou was the first African-American to serve as an Inaugural Poet, authoring and reciting the poem Pulse of Morning in 1993. (8) A trailblazer in literature and poetry, Dr. Maya Angelou bravely explored the ways in which socially marginalizing forces affected African-American women. (9) Dr. Maya Angelou was honored with the Presidential Medal of Freedom in 2011, the Lincoln Medal in 2008, and the National Medal of Arts in 2000 for her exceptional contributions to American culture as an author and poet. (10) As a distinguished educator, Dr. Maya Angelou received over 30 honorary degrees and served as the Reynolds Professor of American Studies at Wake Forest University from 1982 to 2014. (11) Dr. Maya Angelou passed away on May 28, 2014, in her North Carolina home at age 86, leaving behind a legacy of literary achievement and an indelible mark on the movement for civil rights. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Dr. Maya Angelou in recognition of her achievements and contributions to American culture and the civil rights movement. (b) Design and striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian Institution (1) In General Following the award of the gold medal in honor of Dr. Maya Angelou under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution shall make the gold medal received under paragraph (1) available for display, particularly at the National Museum of African American History and Culture, or for loan as appropriate so that it may be displayed elsewhere, particularly at other appropriate locations associated with the life of Dr. Maya Angelou. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
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113-hr-4969
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I 113th CONGRESS 2d Session H. R. 4969 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Kinzinger of Illinois (for himself and Mr. Courtney ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Communications Commission to extend to private land use restrictions its rule relating to reasonable accommodation of amateur service communications.
1. Short title This Act may be cited as the Amateur Radio Parity Act of 2014 . 2. Findings Congress finds the following: (1) More than 700,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio service. (2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols. (3) There is a strong Federal interest in the effective performance of amateur radio stations established at the residences of licensees. Such stations have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions, including restrictive covenants. (4) Federal Communications Commission regulations have for 28 years prohibited the application to amateur radio stations of State and local regulations that preclude or fail to reasonably accommodate amateur service communications, or that do not constitute the minimum practicable regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications. (5) The Federal Communications Commission has sought guidance and direction from Congress with respect to the application of the Commission’s limited preemption policy regarding amateur radio communications to private land use restrictions, including restrictive covenants. 3. Accommodation of amateur service communications Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15(b) of title 47, Code of Federal Regulations, so that such section prohibits application to amateur service communications of any private land use restriction, including a restrictive covenant, that— (1) precludes such communications; (2) fails to reasonably accommodate such communications; or (3) does not constitute the minimum practicable restriction on such communications to accomplish the legitimate purpose of the private entity seeking to enforce such restriction.
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113-hr-4970
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I 113th CONGRESS 2d Session H. R. 4970 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. LoBiondo (for himself, Mr. Kildee , Mr. Cicilline , Mr. Runyan , Mr. Horsford , Mr. King of New York , Ms. Titus , and Mr. Smith of New Jersey ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure 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 provide for the extension of certain unemployment benefits.
1. Short title; table of contents (a) Short title This Act may be cited as the Emergency Unemployment Compensation Extension Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of emergency unemployment compensation program. Sec. 3. Temporary extension of extended benefit provisions. Sec. 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities. Sec. 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 6. Flexibility for unemployment program agreements. Sec. 7. Ending unemployment payments to jobless millionaires and billionaires. Sec. 8. GAO study on the use of work suitability requirements in unemployment insurance programs. Sec. 9. Funding stabilization. Sec. 10. Extension of customs user fees. 2. Extension of emergency unemployment compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting the date that is 5 months after the date of the enactment of the Emergency Unemployment Compensation Extension Act of 2014 . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendment made by section 2(a) of the Emergency Unemployment Compensation Extension Act of 2014 ; . (c) Effective date The amendments made by this section shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act. 3. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 ( 26 U.S.C. 3304 note), is amended— (1) by striking December 31, 2013 each place it appears and inserting the date that is 5 months after the date of the enactment of the Emergency Unemployment Compensation Extension Act of 2014 ; and (2) in subsection (c), by striking June 30, 2014 and inserting the date that is 11 months after the date of the enactment of the Emergency Unemployment Compensation Extension Act of 2014 . (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 ; 26 U.S.C. 3304 note) is amended by striking June 30, 2014 and inserting the date that is 11 months after the date of the enactment of the Emergency Unemployment Compensation Extension Act of 2014 . (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking December 31, 2013 and inserting the date that is 5 months after the date of the enactment of the Emergency Unemployment Compensation Extension Act of 2014 ; and (2) in subsection (f)(2), by striking December 31, 2013 and inserting the date that is 5 months after the date of the enactment of the Emergency Unemployment Compensation Extension Act of 2014 . (d) Effective date The amendments made by this section shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act. 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities (a) Extension (1) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking through fiscal year 2014 and inserting through fiscal year 2015 . (2) Effective date The amendment made by this subsection shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). (b) Timing for services and activities (1) In general Section 4001(i)(1)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by adding at the end the following new sentence: At a minimum, such reemployment services and reemployment and eligibility assessment activities shall be provided to an individual within a time period (determined appropriate by the Secretary) after the date the individual begins to receive amounts under section 4002(b) (first tier benefits) and, if applicable, again within a time period (determined appropriate by the Secretary) after the date the individual begins to receive amounts under section 4002(d) (third tier benefits). . (2) Effective date The amendment made by this subsection shall apply on and after the date of the enactment of this Act. (c) Purposes of services and activities The purposes of the reemployment services and reemployment and eligibility assessment activities under section 4001(i) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) are— (1) to better link the unemployed with the overall workforce system by bringing individuals receiving unemployment insurance benefits in for personalized assessments and referrals to reemployment services; and (2) to provide individuals receiving unemployment insurance benefits with early access to specific strategies that can help get them back into the workforce faster, including through— (A) the development of a reemployment plan; (B) the provision of access to relevant labor market information; (C) the provision of access to information about industry-recognized credentials that are regionally relevant or nationally portable; (D) the provision of referrals to reemployment services and training; and (E) an assessment of the individual's on-going eligibility for unemployment insurance benefits. 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act (a) Extension (1) In general Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) ) is amended— (A) by striking June 30, 2013 and inserting June 30, 2014 ; and (B) by striking December 31, 2013 and inserting December 31, 2014 . (2) Effective date The amendments made by this subsection shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act. (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $250,000 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. 6. Flexibility for unemployment program agreements (a) Flexibility (1) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before June 30, 2014, that, upon taking effect, would violate such subsection. (2) Effective date Paragraph (1) is effective with respect to weeks of unemployment beginning on or after the date of the enactment of this Act. (b) Permitting a subsequent agreement Nothing in title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. 7. Ending unemployment payments to jobless millionaires and billionaires (a) Prohibition Notwithstanding any other provision of law, no Federal funds may be used for payments of unemployment compensation under the emergency unemployment compensation program under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) to an individual whose adjusted gross income in the preceding year was equal to or greater than $1,000,000. (b) Compliance Unemployment insurance applications shall include a form or procedure for an individual applicant to certify the individual’s adjusted gross income was not equal to or greater than $1,000,000 in the preceding year. (c) Audits The certifications required by subsection (b) shall be auditable by the U.S. Department of Labor or the U.S. Government Accountability Office. (d) Status of applicants It is the duty of the States to verify the residency, employment, legal, and income status of applicants for unemployment insurance and no Federal funds may be expended for purposes of determining whether or not the prohibition under subsection (a) applies with respect to an individual. (e) Effective date The prohibition under subsection (a) shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act. 8. GAO study on the use of work suitability requirements in unemployment insurance programs (a) Study The Comptroller General of the United States shall conduct a study on the use of work suitability requirements to strengthen requirements to ensure that unemployment insurance benefits are being provided to individuals who are actively looking for work and who truly want to return to the labor force. Such study shall include an analysis of— (1) how work suitability requirements work under both State and Federal unemployment insurance programs; and (2) how to incorporate and improve such requirements under Federal unemployment insurance programs; and (3) other items determined appropriate by the Comptroller General. (b) Briefing Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall brief Congress on the ongoing study required under subsection (a). Such briefing shall include preliminary recommendations for such legislation and administrative action as the Comptroller General determines appropriate. 9. Funding stabilization (a) Funding stabilization under the Internal Revenue Code The table in subclause (II) of section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is amended to read as follows: If the calendar year is: The applicable minimum percentage is: The applicable maximum percentage is: 2012, 2013, 2014, 2015, 2016, 2017, or 2018 90% 110% 2019 85% 115% 2020 80% 120% 2021 75% 125% After 2021 70% 130% . (b) Funding stabilization under ERISA (1) In general The table in subclause (II) of section 303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of 1974 is amended to read as follows: If the calendar year is: The applicable minimum percentage is: The applicable maximum percentage is: 2012, 2013, 2014, 2015, 2016, 2017, or 2018 90% 110% 2019 85% 115% 2020 80% 120% 2021 75% 125% After 2021 70% 130% . (2) Conforming amendment (A) In general Clause (ii) of section 101(f)(2)(D) of such Act is amended by striking 2015 and inserting 2021 . (B) Statements The Secretary of Labor shall modify the statements required under subclauses (I) and (II) of section 101(f)(2)(D)(i) of such Act to conform to the amendments made by this section. (c) Stabilization not To apply for purposes of certain accelerated benefit distribution rules (1) Internal Revenue Code of 1986 The second sentence of paragraph (2) of section 436(d) of the Internal Revenue Code of 1986 is amended by striking of such plan and inserting of such plan (determined by not taking into account any adjustment of segment rates under section 430(h)(2)(C)(iv)) . (2) Employee Retirement Income Security Act of 1974 The second sentence of subparagraph (B) of section 206(g)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g)(3)(B) ) is amended by striking of such plan and inserting of such plan (determined by not taking into account any adjustment of segment rates under section 303(h)(2)(C)(iv)) . (3) Effective date (A) In general Except as provided in subparagraph (B), the amendments made by this subsection shall apply to plan years beginning after December 31, 2014. (B) Collectively bargained plans In the case of a plan maintained pursuant to 1 or more collective bargaining agreements, the amendments made by this subsection shall apply to plan years beginning after December 31, 2015. (4) Provisions relating to plan amendments (A) In general If this paragraph applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii). (B) Amendments to which paragraph applies (i) In general This paragraph shall apply to any amendment to any plan or annuity contract which is made— (I) pursuant to the amendments made by this subsection, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under any provision as so amended, and (II) on or before the last day of the first plan year beginning on or after January 1, 2016, or such later date as the Secretary of the Treasury may prescribe. (ii) Conditions This subsection shall not apply to any amendment unless, during the period— (I) beginning on the date that the amendments made by this subsection or the regulation described in clause (i)(I) takes effect (or in the case of a plan or contract amendment not required by such amendments or such regulation, the effective date specified by the plan), and (II) ending on the date described in clause (i)(II) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect, and such plan or contract amendment applies retroactively for such period. (C) Anti-cutback relief A plan shall not be treated as failing to meet the requirements of section 204(g) of the Employee Retirement Income Security Act of 1974 and section 411(d)(6) of the Internal Revenue Code of 1986 solely by reason of a plan amendment to which this paragraph applies. (d) Modification of funding target determination periods (1) Internal Revenue Code of 1986 Clause (i) of section 430(h)(2)(B) of the Internal Revenue Code of 1986 is amended by striking the first day of the plan year and inserting the valuation date for the plan year . (2) Employee Retirement Income Security Act of 1974 Clause (i) of section 303(h)(2)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(B)(i)) is amended by striking the first day of the plan year and inserting the valuation date for the plan year . (e) Effective date (1) In general The amendments made by subsections (a), (b), and (d) shall apply with respect to plan years beginning after December 31, 2012. (2) Elections A plan sponsor may elect not to have the amendments made by subsections (a), (b), and (d) apply to any plan year beginning before January 1, 2014, either (as specified in the election)— (A) for all purposes for which such amendments apply, or (B) solely for purposes of determining the adjusted funding target attainment percentage under sections 436 of the Internal Revenue Code of 1986 and 206(g) of the Employee Retirement Income Security Act of 1974 for such plan year. A plan shall not be treated as failing to meet the requirements of section 204(g) of such Act and section 411(d)(6) of such Code solely by reason of an election under this paragraph. 10. Extension of customs user fees Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— (1) in subparagraph (A), by striking September 30, 2023 and inserting September 30, 2024 ; and (2) in subparagraph (B)(i), by striking September 30, 2023 and inserting September 30, 2024 .
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113-hr-4971
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I 113th CONGRESS 2d Session H. R. 4971 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. O’Rourke (for himself, Mr. Flores , Ms. Gabbard , Mr. Horsford , Mr. Israel , Mr. Jolly , Mr. Michaud , Mr. Pallone , Mr. Swalwell of California , Ms. Hanabusa , Ms. Hahn , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to conduct annual surveys of veterans on experiences obtaining hospital care and medical services from medical facilities of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Ask Veterans Act . 2. Survey of veteran experiences with Department of Veterans Affairs medical care (a) In general The Secretary of Veterans Affairs shall seek to enter into a contract with a non-government entity with significant experience conducting scientifically verifiable surveys and research to conduct an annual survey of a statistically significant sample of veterans who reside in the geographic area served by each of the medical facilities of the Department of Veterans Affairs to determine the nature of the experiences of such veterans in obtaining hospital care and medical services furnished by the Secretary at each such medical facility. Each such survey shall be conducted using scientific and verifiable methods. Such contract shall provide that the non-government entity shall conduct such annual surveys during the five-year period beginning on the date on which the Secretary enters into the contract with the non-government entity. (b) Contents The contract entered into under subsection (a) shall provide that each survey conducted pursuant to the contract shall be specific to a medical facility of the Department and shall include questions relating to the experiences of veterans in requesting and receiving appointments for hospital care and medical services furnished by the Secretary at that medical facility, including questions relating to each of the following: (1) The veteran’s ability to obtain hospital care and medical services at the facility in a timely manner. (2) The period of time between the date on which the veteran requests an appointment at the facility and the date on which the appointment is scheduled. (3) The frequency with which scheduled appointments are cancelled by the facility. (4) The quality of hospital care or medical services the veteran has received at the facility. (c) Consultation The contract entered into under subsection (a) shall provide that in designing and conducting the surveys for each medical facility of the Department pursuant to such contract, the non-government entity shall consult with veterans service organizations. (d) Certification The contract entered into under subsection (a) shall provide that— (1) before conducting a survey pursuant to the contract, the non-government entity shall submit the proposed survey to the Comptroller General who shall assess whether the survey is scientifically valid and whether the proposed sample size of veterans to be surveyed is statistically significant; and (2) the non-government entity may not conduct such a survey until the Comptroller General provides such a certification for the survey. (e) Submittal of results and public availability of information Not later than 30 days after the completion of the surveys conducted pursuant to a contract entered into under subsection (a) for a year, the Secretary shall make the results of the surveys publicly available on the Internet website of the Department. (f) Paperwork reduction Subchapter I of chapter 35 of title 44, United States Code shall not apply to this section. (g) Deadline for implementation The Secretary shall enter into a contract under subsection (a) for each medical facility of the Department by not later than 180 days after the date of the enactment of this Act.
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113-hr-4972
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I 113th CONGRESS 2d Session H. R. 4972 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Payne introduced the following bill; which was referred to the Committee on Financial Services A BILL To award posthumously a Congressional Gold Medal to Althea Gibson, in recognition of her groundbreaking achievements in athletics and her commitment to ending racial discrimination and prejudice within the world of athletics.
1. Short title This Act may be cited as the Althea Gibson Excellence Act . 2. Findings The Congress finds the following: (1) Althea Gibson was born August 25, 1927, in Silver, South Carolina. (2) Althea Gibson lived with her family in Harlem during the 1930s and 1940s. She was first introduced to tennis on the Harlem River Tennis Courts. She went on to dominate the all-Black American Tennis Association tournaments throughout the early 1940s, when racism and segregation prevented her from participating in tournaments sponsored by the United States Lawn Tennis Association (USLTA). (3) Althea Gibson graduated from Florida A & M University in 1953, and was an athletic instructor at the Lincoln University in Jefferson City, Missouri. (4) Despite her extraordinary athletic prowess, Althea was repeatedly denied entry into the world’s top tennis tournaments based on the color of her skin. Alice Marble, a four-time U.S. Open champion, wrote a historic editorial published in the July 1950 American Lawn Tennis magazine, condemning the sport of tennis for excluding players of Althea Gibson’s caliber. (5) Althea excelled in the Eastern Grass Court Championships at the Orange Lawn Tennis Club in South Orange, New Jersey. Her outstanding grass play caused the USLTA to reevaluate its policy providing Althea a bid to Forest Hills. (6) Althea was the first African-American to win championships at famous tournaments, such as the French Open, the United States Open, the Australian Doubles, and Wimbledon in the 1950s. (7) Althea broke the color barrier to become the first African-American player, either male or female, to be allowed to enter the Forest Hills, New York, Championship in 1950. (8) Althea Gibson’s tennis career flourished, even in the face of discrimination. She was the first African-American invited to Wimbledon in 1951, eventually winning both the women’s singles and doubles in 1957 and 1958. (9) She would go on to become the first African-American woman to win the championship at the French Open in 1956. (10) During her career, she won 56 doubles and singles titles before gaining national and international acclaim for her athletic feats in professional tennis leagues. In the late 1950s, Gibson won eleven major titles including three straight doubles at the French Open in 1956, 1957, and 1958 and the U.S. Open in 1957 and 1958. (11) Althea was the first African-American to be named as the Female Athlete of the Year by the Associated Press in 1957. She was given that honor again the following year. When she won her second U.S. Championship, she went professional at the age of 31. (12) As further evidence to Althea’s athletic gift, after finishing her amateur tennis career, she became a professional golfer in 1959. She was also the first African-American woman to hold a membership in the Ladies Professional Golf Association (LGPA). (13) After retiring from golf, Althea Gibson shifted her focus to public service. In 1975, Althea Gibson was named the New Jersey Commissioner of Athletics. She held this position and also served on both the State's Athletics Control Board and the Governor's Council on Physical Fitness. (14) Althea Gibson was inducted into the prestigious International Tennis Hall of Fame in 1971 and to the International Women’s Sports Hall of Fame in 1980. (15) In 1991, the National Collegiate Athletic Association (NCAA) honored Althea Gibson with the Theodore Roosevelt Award, the highest honor the organization may confer on an individual. She was the first woman ever to receive this distinguished honor. (16) Althea passed away in East Orange, NJ, on September 28, 2003. (17) Althea Gibson was a trailblazer whose experiences and successes paved the way for other great African-American tennis players like Arthur Ashe. (18) The legacy of Althea Gibson continues to serve as an inspiration and a shining example for the Nation’s youth. (19) Joining the ranks of other distinguished Congressional Gold Medal recipients would be a fitting accolade to the achievements of Althea Gibson. 3. Congressional gold medal (a) Presentation Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Althea Gibson, in recognition of her groundbreaking achievements in athletics and her commitment to ending racial discrimination and prejudice within the world of athletics. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority To use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.
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113-hr-4973
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I 113th CONGRESS 2d Session H. R. 4973 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Pearce introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the rural and low-income program under the Elementary and Secondary Education Act of 1965 to include professional development in STEM education, and for other purposes.
1. Short title This Act may be cited as the Spurring Teacher Education Movement for STEM Act or the STEM for STEM Act . 2. Findings; Sense of Congress (a) Findings Congress finds the following: (1) The National Center for Education Statistics found that high school students from 29 nations performed better in math than high school students from the United States. (2) High school students from 22 nations performed better in science than high school students from the United States. (b) Sense of Congress It is the sense of Congress that— (1) the United States should be at the forefront of education for science, technology, engineering, and math (in this section referred to as STEM ); (2) students in low income and rural areas have limited access to STEM resources; (3) teachers should have high-quality professional development opportunities in STEM to increase their content knowledge and improve student learning; and (4) teacher professional development should provide strategies for integrating STEM education across all demographics. 3. Uses of funds for rural and low-income school program Section 6222(a)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7351a(a)(2) ) is amended— (1) by striking and to and inserting , to ; and (2) by adding before the period at the end the following: , and to train teachers in the area of science, technology, engineering, and math education .
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113-hr-4974
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I 113th CONGRESS 2d Session H. R. 4974 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Ms. Shea-Porter (for herself, Mr. Loebsack , and Mr. Tierney ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide for the repayment of higher education loans for certain employees of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Doctors’ Education Loans Impact VA Employee Retention Act or the DELIVER Act . 2. Repayment of higher education loans for employees participating in an income-based repayment plan (a) Program Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: 713. Program for repayment of higher education loans for employees participating in an income-based repayment plan (a) Establishment The Secretary shall establish and carry out a program to make each monthly payment owed by an employee of the Department on a covered loan during the period of service of such employee to the Department. (b) Covered loan defined In this section, the term covered loan means a loan— (1) made, insured, or guaranteed under part B or part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); and (2) in repayment under an income-based repayment plan under section 493C of such Act ( 20 U.S.C. 1098e ). . (b) Table of sections amendment The table of sections for chapter 7 of title 38, United States Code, is amended by adding at the end the following new item: 713. Program for repayment of higher education loans for employees participating in an income-based repayment plan. .
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113-hr-4975
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I 113th CONGRESS 2d Session H. R. 4975 IN THE HOUSE OF REPRESENTATIVES June 25, 2014 Mr. Thornberry (for himself and Mr. Smith of Texas ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act relating to controlled substance analogues.
1. Short title This Act may be cited as the Synthetic Abuse and Labeling of Toxic Substances Act of 2014 or the SALTS Act . 2. Controlled substance analogues Section 203 of the Controlled Substances Act ( 21 U.S.C. 813 ) is amended— (1) by striking A controlled and inserting (a) In general .—A controlled ; and (2) by adding at the end the following: (b) Determination In determining whether a controlled substance analogue was intended for human consumption under subsection (a), the following factors may be considered, along with any other relevant factors: (1) The marketing, advertising, and labeling of the substance. (2) The known efficacy or usefulness of the substance for the marketed, advertised or labeled purpose. (3) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold. (4) The diversion of the substance from legitimate channels and the clandestine importation, manufacture, or distribution of the substance. (5) Whether the defendant knew or should have known the substance was intended to be consumed by injection, inhalation, ingestion, or any other immediate means. (c) Limitation For purposes of this section, evidence that a substance was not marketed, advertised, or labeled for human consumption, by itself, shall not be sufficient to establish that the substance was not intended for human consumption. .
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113-hr-4976
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I 113th CONGRESS 2d Session H. R. 4976 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Hurt (for himself, Mr. Butterfield , Mr. Goodlatte , Mr. Luetkemeyer , Mr. Lankford , and Mrs. Hartzler ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Power Act to require the Federal Energy Regulatory Commission to minimize infringement on the exercise and enjoyment of property rights in issuing hydropower licenses, and for other purposes.
1. Short title This Act may be cited as the Supporting Home Owner Rights Enforcement Act . 2. Hydropower licenses (a) Section 4(e) of the Federal Power Act ( 16 U.S.C. 797(e) ) is amended— (1) by designating the first, second, and third sentences as paragraphs (1) through (3) respectively; and (2) in paragraph (3) (as so designated)— (A) by striking and after recreational opportunities, ; and (B) by inserting , and minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after aspects of environmental quality . (b) Section 10 of the Federal Power Act ( 16 U.S.C. 803 ) is amended— (1) in subsection (a)(1), by inserting , including minimizing infringement on the useful exercise and enjoyment of property rights held by nonlicensees after section 4(e) ; and (2) by adding at the end the following: (k) Private landownership In developing any recreational resource within the project boundary, the licensee shall consider private landownership as a means to encourage and facilitate— (1) private investment; and (2) increased tourism and recreational use. .
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113-hr-4977
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I 113th CONGRESS 2d Session H. R. 4977 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Bilirakis (for himself and Mr. Ruiz ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To establish a commission to examine the evidence-based therapy treatment model used by the Secretary of Veterans Affairs for treating mental illnesses of veterans and the potential benefits of incorporating complementary alternative treatments available in non-Department of Veterans Affairs medical facilities within the community.
1. Short title This Act may be cited as the Creating Options for Veterans Expedited Recovery Act or the COVER Act . 2. Establishment and duties (a) Establishment There is established the Veterans Expedited Recovery Commission (in this Act referred to as the Commission ). (b) Duties The Commission shall perform the following duties: (1) Examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. (2) Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine— (A) the experience of veterans with the Department of Veterans Affairs when seeking medical assistance for mental health issues through the health care system of the Department; (B) the experience of veterans with non-Department medical facilities and health professionals for treating mental health issues; (C) the preferences of veterans regarding available treatments for mental health issues and which methods the veterans believe to be most effective; (D) the experience, if any, of veterans with respect to the complementary alternative treatment therapies described in subparagraphs (A) through (I) in paragraph (3); (E) the prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the Department as remedies for addressing mental health issues; and (F) the outreach efforts of the Secretary regarding the availability of benefits and treatments for veterans for addressing mental health issues, including by identifying ways to reduce barriers to and gaps in such benefits and treatments. (3) Examine available research on complementary alternative treatment therapies for mental health issues and identify what benefits could be made with the inclusion of such treatments for veterans, including with respect to— (A) music therapy; (B) equine therapy; (C) training and caring for service dogs; (D) yoga therapy; (E) acupuncture therapy; (F) meditation therapy; (G) outdoor sports therapy; (H) hyperbaric oxygen therapy; (I) accelerated resolution therapy; and (J) other therapies the Commission determines appropriate. (4) Study the potential increase in the approval by the Secretary of claims for compensation relating to mental health issues for veterans who served Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. 3. Membership (a) Number and appointment (1) In general The Commission shall be composed of 10 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (B) Two members appointed by the Minority Leader of the House of Representatives, at least one of whom shall be a veteran. (C) Two members appointed by the Majority Leader of the Senate, at least one of whom shall be a veteran. (D) Two members appointed by the Minority Leader of the Senate, at least one of whom shall be a veteran. (E) Two members appointed by the President, at least one of whom shall be a veteran. (2) Qualifications Members of the Commission shall be— (A) individuals who are of recognized standing and distinction within the medical community with a background in treating mental health; and (B) individuals with experience working with the military and veteran population. (b) Chairman The President shall designate a member of the Commission to be the chairman. (c) Period of Appointment Members of the Commission shall be appointed for the life of the Commission. (d) Vacancy A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Appointment Deadline The appointment of members of the Commission in this section shall be made not later than 90 days after the date of the enactment of this Act. 4. Powers of Commission (a) Meeting (1) Initial meeting The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commission. (2) Meeting The Commission shall regularly meet at the call of the Chairman. Such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. (b) Hearing The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive evidence as the Commission considers advisable to carry out the responsibilities of the Commission. (c) Information from Federal Agencies The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out the duties of the Commission. (d) Information from nongovernmental organizations In carrying out section 2(b), the Commission may seek guidance through consultation with foundations, veterans service organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and other organizations as the Commission determines appropriate. (e) Commission Records The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comptroller General of the United States may audit and examine such record. (f) Personnel Matters Upon request of the chairman of the Commission, the head of any department or agency of the Federal Government may detail, on a reimbursable basis, any personnel of that department or agency to assist the Commission in carrying out the duties of the Commission. (g) Compensation of Members; Travel Expenses Each member shall serve without pay, except that each member shall receive travel expenses to perform the duties of the Commission under section 2(b) of this Act, including per diem in lieu of subsistence, at rates authorized under subchapter I of chapter 57 of title 5, United States Code. (h) Staff The Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, without regard to the provision of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at a level IV of the Executive Schedule under section 5316 of title 5, United States Code. (i) Personnel as Federal employees (1) In general The executive director and any personnel of the Commission are employees under section 2105 of title 5, United States Code, for purpose of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (2) Members of the Commission Paragraph (1) shall not be construed to apply to members of the Commission. (j) Contracting The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (k) Expert and Consultant Service The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (l) Postal Service The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (m) Physical Facilities and Equipment Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. 5. Report (a) Interim Reports (1) In general Not later than 60 days after the date on which the Commission first meets, and each 30-day period thereafter ending on the date on which the Commission submits the final report under subsection (b), the Commission shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate and the President a report detailing the level of cooperation the Secretary of Veterans Affairs (and the heads of other departments or agencies of the Federal Government) has provided to the Commission. (2) Other reports In carrying out the duties pursuant to section 2(b), at times that the Commission determines appropriate, the Commission shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate and any other appropriate entities an interim report with respect to the findings identified by the Commission. (b) Final report Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate, the President, and the Secretary of Veterans Affairs a final report on the findings of the Commission. Such report shall include the following: (1) Recommendations to implement in a feasible, timely, and cost-effective manner the solutions and remedies identified within the findings of the Commission pursuant to section 2(b). (2) An analysis of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating veterans with mental health care issues, and an examination of the prevalence and efficacy of prescription drugs as a means for treatment. (3) The findings of the patient-centered survey conducted within each of the Veterans Integrated Service Networks pursuant to section 2(b)(2). (4) An examination of complementary alternative treatments described in section 2(b)(3) and the potential benefits of incorporating such treatments in the therapy model used by the Secretary for treating veterans with mental health issues. (c) Plan Not later than 90 days after the date on which the Commission submits the final report under subsection (b), the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the following: (1) An action plan for implementing the recommendations established by the Commission on such solutions and remedies for improving wellness-based outcomes for veterans with mental health care issues. (2) A feasible timeframe on when complementary alternative treatments described in section 2(b)(3) can be implemented Department-wide. (3) If the Secretary determines that implementing the recommendations established by the Commission, including with respect to such complementary alternative treatments, is not appropriate or feasible, a justification for such determination and an alternative solution to improve the efficacy of the therapy model used by the Secretary for treating veterans with mental health issues. 6. Termination of Commission The Commission shall terminate 30 days after the Commission submits the final report under section 5(b).
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113-hr-4978
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I 113th CONGRESS 2d Session H. R. 4978 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mrs. Ellmers (for herself, Mr. Matheson , and Mr. Nugent ) 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 require bottled water manufacturers and distributors to disclose bottled water quality information, and for other purposes.
1. Short title This Act may be cited as the Bottled Water Quality Information Act . 2. Bottled water quality reports and labeling (a) In general Section 410 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 349 ) is amended by adding at the end the following: (c) Bottled Water Quality Reports (1) In general The Secretary shall, by regulation, require bottled water quality reports in accordance with paragraph (3). (2) Regulations In carrying out paragraph (1), the Secretary shall— (A) issue proposed regulations not later than 18 months after the date of enactment of this subsection; and (B) issue final regulations not later than 18 months after the period for public comment on such proposed regulations has ended. (3) Requirements The regulations promulgated under paragraph (1) shall require that each bottled water manufacturer or distributor annually prepare, and make available upon request, a bottled water quality report for each bottled water product that includes— (A) the name and contact information of the bottled water manufacturer or distributor; (B) the type of water source (such as a spring, an artesian well, or a public water system); (C) a brief and plainly worded definition of the terms Standard of Identity (SOI) as described in section 165.110(a) of the Code of Federal Regulations, title 21 (or any successor regulations) and Standard of Quality (SOQ) as defined in section 165.110(b) of the Code of Federal Regulations, title 21 (or any successor regulations) and as applied to bottled water under this Act and applicable regulations; (D) a brief description of the primary processing (treatment) methods used by the bottled water manufacturer (such as reverse osmosis, ozonation, ultraviolet light, and micron filtration); and (E) test results for the microbiological, physical, chemical, and radiological quality of bottled water, as prescribed by section 165.110(b) of the Code of Federal Regulations, title 21 (or any successor regulation). (d) Bottled Water Labeling (1) In general The Secretary shall, by regulation, require each bottled water label to include the information prescribed under paragraph (3). (2) Regulations In carrying out paragraph (1), the Secretary shall— (A) issue proposed regulations not later than 18 months after the date of enactment of this subsection; and (B) issue final regulations not later than 18 months after the period for public comment on such proposed regulations has ended. (3) Requirements The regulations promulgated under paragraph (1) shall require that each bottled water label include— (A) the name and contact information of the bottled water manufacturer or distributor; (B) a statement on how consumers may obtain, upon request, a bottled water quality report as described in subsection (c)(3); and (C) the type of water source (such as a spring, artesian well, or public water system). (4) Multiservice containers For refillable and reusable multiservice containers, the requirements in paragraph (3) may be satisfied by including the required information on one or more of the following: (A) The container label. (B) The cap label. (C) An electronic or manual billing statement provided to the consumer. (e) National uniform labeling No State or political subdivision of a State may directly or indirectly establish or continue in effect any requirement with respect to a bottled water quality report of the type required under subsection (c), or with respect to bottled water labeling of the type required under subsection (d), that is not identical to the requirements of subsection (c) or (d), respectively. . (b) Prohibited act Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (ddd) The failure by a bottled water manufacturer or distributor to maintain an annual bottled water quality report in accordance with section 410(c). . (c) Misbranding Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 ) is amended by adding at the end the following: (z) If it is bottled water and its label fails to include the information required by section 410(d). .
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113-hr-4979
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I 113th CONGRESS 2d Session H. R. 4979 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Thornberry (for himself, Mr. Flores , Mr. Marchant , Mr. Burgess , and Mr. Neugebauer ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide legal certainty to property owners along the Red River in Texas, and for other purposes.
1. Short title This Act may be cited as the Red River Private Property Protection Act . 2. Findings Congress finds as follows: (1) In 1923, the Supreme Court found the border between Texas and Oklahoma to be: the water-washed and relatively permanent elevation or acclivity at the outer line of the river bed which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the waters within the bed and to preserve the course of the river, and that the boundary intended is on and along the bank at the average or mean level attained by the waters in the periods when they reach and wash the bank without overflowing it. When we speak of the bed, we include all of the area which is kept practically bare of vegetation by the wash of the waters of the river from year to year in their onward course, although parts of it are left dry for months at a time, and we exclude the lateral valleys, which have the characteristics of relatively fast land and usually are covered by upland grasses and vegetation, although temporarily overflowed in exceptional instances when the river is at flood. . (2) This would become known as the gradient boundary . (3) This decision makes clear that, absent water that is physically touching the bank, the high bluff or ancient bank along the southern edge of the Red River is not the boundary between Texas and Oklahoma. (4) In 2000, Public Law 106–288 ratified the Red River Boundary Compact agreed to and signed into State law by Texas and Oklahoma that sets the boundary between the States to be the vegetation line on the south bank of the Red River, except for the Texoma area where the boundary is established pursuant to procedures provided for in the Compact. (5) Therefore, the Bureau of Land Management should have no claim to land that is either south of the gradient boundary established by the Supreme Court or south of the vegetation line on the southern bank of the Red River pursuant to Public Law 106–288 whereby landowners have proof of their right, title, and interest to the land and have been paying property taxes accordingly. 3. Issuance of quit claim deeds (a) In General The Secretary shall relinquish and shall transfer by quit claim deed all right, title, and interest of the United States in and to Red River lands to any claimant who demonstrates to the satisfaction of the Secretary that official county or State records indicate that the claimant holds all right, title, and interest to those lands. (b) Public Notification The Secretary shall publish in the Federal Register and on official and appropriate Web sites the process to receive written and/or electronic submissions of the documents required under subsection (a). The Secretary shall treat all proper notifications received from the claimant as fulfilling the satisfaction requirements under subsection (a). (c) Standard of Approval The Secretary shall accept all official county and State records as filed in the county on the date of submission proving right, title, and interest. (d) Time Period for Approval or Disapproval of Request The Secretary shall approve or disapprove a request for a quit claim deed under subsection (a) not later than 120 days after the date on which the written request is received by the Secretary. If the Secretary fails to approve or disapprove such a request by the end of such 120-day period, the request shall be deemed to be approved. 4. Resource Management Plan The Secretary shall ensure that no parcels of Red River lands are treated as Federal land for the purpose of any resource management plan until the Secretary has ensured that such parcels are not subject to transfer under section 3. 5. Definitions For the purposes of this Act— (1) the term Red River lands means lands along the approximately 539-mile stretch of the Red River between the States of Texas and Oklahoma; and (2) the term Secretary means the Secretary of the Interior, acting through the Director of Bureau of Land Management.
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113-hr-4980
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I 113th CONGRESS 2d Session H. R. 4980 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Camp (for himself, Mr. Levin , Mr. Reichert , and Mr. Doggett ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 prevent and address sex trafficking of children in foster care, to extend and improve adoption incentives, and to improve international child support recovery.
1. Short title This Act may be cited as the Preventing Sex Trafficking and Strengthening Families Act . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Title I—Protecting Children and Youth at Risk of Sex Trafficking Subtitle A—Identifying and Protecting Children and Youth at Risk of Sex Trafficking Sec. 101. Identifying, documenting, and determining services for children and youth at risk of sex trafficking. Sec. 102. Reporting instances of sex trafficking. Sec. 103. Including sex trafficking data in the Adoption and Foster Care Analysis and Reporting System. Sec. 104. Locating and responding to children who run away from foster care. Sec. 105. Increasing information on children in foster care to prevent sex trafficking. Subtitle B—Improving Opportunities for Children in Foster Care and Supporting Permanency Sec. 111. Supporting normalcy for children in foster care. Sec. 112. Improving another planned permanent living arrangement as a permanency option. Sec. 113. Empowering foster children age 14 and older in the development of their own case plan and transition planning for a successful adulthood. Sec. 114. Ensuring foster children have a birth certificate, Social Security card, health insurance information, medical records, and a driver’s license or equivalent State-issued identification card. Sec. 115. Information on children in foster care in annual reports using AFCARS data; consultation. Subtitle C—National advisory committee Sec. 121. Establishment of a national advisory committee on the sex trafficking of children and youth in the United States. Title II—Improving Adoption Incentives and Extending Family Connection Grants Subtitle A—Improving Adoption Incentive Payments Sec. 201. Extension of program through fiscal year 2016. Sec. 202. Improvements to award structure. Sec. 203. Renaming of program. Sec. 204. Limitation on use of incentive payments. Sec. 205. Increase in period for which incentive payments are available for expenditure. Sec. 206. State report on calculation and use of savings resulting from the phase-out of eligibility requirements for adoption assistance; requirement to spend 30 percent of savings on certain services. Sec. 207. Preservation of eligibility for kinship guardianship assistance payments with a successor guardian. Sec. 208. Data collection on adoption and legal guardianship disruption and dissolution. Sec. 209. Encouraging the placement of children in foster care with siblings. Sec. 210. Effective dates. Subtitle B—Extending the Family Connection Grant Program Sec. 221. Extension of family connection grant program. Title III—Improving International Child Support Recovery Sec. 301. Amendments to ensure access to child support services for international child support cases. Sec. 302. Child support enforcement programs for Indian tribes. Sec. 303. Sense of the Congress regarding offering of voluntary parenting time arrangements. Sec. 304. Data exchange standardization for improved interoperability. Sec. 305. Report to Congress. Sec. 306. Required electronic processing of income withholding. Title IV—Budgetary effects Sec. 401. Determination of budgetary effects. 3. References Except as otherwise expressly provided in this Act, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the amendment shall be considered to be made to a section or other provision of the Social Security Act. I Protecting Children and Youth at Risk of Sex Trafficking A Identifying and Protecting Children and Youth at Risk of Sex Trafficking 101. Identifying, documenting, and determining services for children and youth at risk of sex trafficking (a) In general Section 471(a)(9) ( 42 U.S.C. 671(a)(9) ) is amended— (1) in subparagraph (A), by striking and ; (2) in subparagraph (B), by inserting and after the semicolon; and (3) by adding at the end the following: (C) not later than— (i) 1 year after the date of enactment of this subparagraph, demonstrate to the Secretary that the State agency has developed, in consultation with State and local law enforcement, juvenile justice systems, health care providers, education agencies, and organizations with experience in dealing with at-risk children and youth, policies and procedures (including relevant training for caseworkers) for identifying, documenting in agency records, and determining appropriate services with respect to— (I) any child or youth over whom the State agency has responsibility for placement, care, or supervision and who the State has reasonable cause to believe is, or is at risk of being, a sex trafficking victim (including children for whom a State child welfare agency has an open case file but who have not been removed from the home, children who have run away from foster care and who have not attained 18 years of age or such older age as the State has elected under section 475(8) of this Act, and youth who are not in foster care but are receiving services under section 477 of this Act); and (II) at the option of the State, any individual who has not attained 26 years of age, without regard to whether the individual is or was in foster care under the responsibility of the State; and (ii) 2 years after such date of enactment, demonstrate to the Secretary that the State agency is implementing the policies and procedures referred to in clause (i). . (b) Definition of sex trafficking victim Section 475 ( 42 U.S.C. 675 ) is amended by adding at the end the following: (9) The term sex trafficking victim means a victim of— (A) sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000); or (B) a severe form of trafficking in persons described in section 103(9)(A) of such Act. . 102. Reporting instances of sex trafficking (a) State plan requirements Section 471(a) ( 42 U.S.C. 671(a) ) is amended— (1) by striking and at the end of paragraph (32); (2) by striking the period at the end of paragraph (33) and inserting a semicolon; and (3) by adding at the end the following: (34) provides that, for each child or youth described in paragraph (9)(C)(i)(I), the State agency shall— (A) not later than 2 years after the date of the enactment of this paragraph, report immediately, and in no case later than 24 hours after receiving information on children or youth who have been identified as being a sex trafficking victim, to the law enforcement authorities; and (B) not later than 3 years after such date of enactment and annually thereafter, report to the Secretary the total number of children and youth who are sex trafficking victims. . (b) Duties of the Secretary Section 471 ( 42 U.S.C. 671 ) is amended by adding at the end the following: (d) Annual reports by the Secretary on number of children and youth reported by States To be sex trafficking victims Not later than 4 years after the date of the enactment of this subsection and annually thereafter, the Secretary shall report to the Congress and make available to the public on the Internet website of the Department of Health and Human Services the number of children and youth reported in accordance with subsection (a)(34)(B) of this section to be sex trafficking victims (as defined in section 475(9)(A)). . 103. Including sex trafficking data in the Adoption and Foster Care Analysis and Reporting System Section 479(c)(3) ( 42 U.S.C. 679(c)(3) ) is amended— (1) in subparagraph (C)(iii), by striking and after the comma; and (2) by adding at the end the following: (E) the annual number of children in foster care who are identified as sex trafficking victims— (i) who were such victims before entering foster care; and (ii) who were such victims while in foster care; and . 104. Locating and responding to children who run away from foster care Section 471(a) ( 42 U.S.C. 671(a) ), as amended by section 102(a) of this Act, is amended— (1) by striking the period at the end of paragraph (34) and inserting ; and ; and (2) by adding at the end the following: (35) provides that— (A) not later than 1 year after the date of the enactment of this paragraph, the State shall develop and implement specific protocols for— (i) expeditiously locating any child missing from foster care; (ii) determining the primary factors that contributed to the child’s running away or otherwise being absent from care, and to the extent possible and appropriate, responding to those factors in current and subsequent placements; (iii) determining the child’s experiences while absent from care, including screening the child to determine if the child is a possible sex trafficking victim (as defined in section 475(9)(A)); and (iv) reporting such related information as required by the Secretary; and (B) not later than 2 years after such date of enactment, for each child and youth described in paragraph (9)(C)(i)(I) of this subsection, the State agency shall report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code, and to the National Center for Missing and Exploited Children. . 105. Increasing information on children in foster care to prevent sex trafficking Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Congress a written report which summarizes the following: (1) Information on children who run away from foster care and their risk of becoming sex trafficking victims, using data reported by States under section 479 of the Social Security Act and information collected by States related to section 471(a)(35) of such Act, including— (A) characteristics of children who run away from foster care; (B) potential factors associated with children running away from foster care (such as reason for entry into care, length of stay in care, type of placement, and other factors that contributed to the child’s running away); (C) information on children's experiences while absent from care; and (D) trends in the number of children reported as runaways in each fiscal year (including factors that may have contributed to changes in such trends). (2) Information on State efforts to provide specialized services, foster family homes, child care institutions, or other forms of placement for children who are sex trafficking victims. (3) Information on State efforts to ensure children in foster care form and maintain long-lasting connections to caring adults, even when a child in foster care must move to another foster family home or when the child is placed under the supervision of a new caseworker. B Improving Opportunities for Children in Foster Care and Supporting Permanency 111. Supporting normalcy for children in foster care (a) Reasonable and prudent parent standard (1) Definitions relating to the standard Section 475 ( 42 U.S.C. 675 ), as amended by section 101(b) of this Act, is amended by adding at the end the following: (10) (A) The term reasonable and prudent parent standard means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the State to participate in extracurricular, enrichment, cultural, and social activities. (B) For purposes of subparagraph (A), the term caregiver means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed. (11) (A) The term age or developmentally-appropriate means— (i) activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and (ii) in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child. (B) In the event that any age-related activities have implications relative to the academic curriculum of a child, nothing in this part or part B shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State or local educational agency, or the specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction of a school. . (2) State plan requirement Section 471(a)(24) ( 42 U.S.C. 671(a)(24) ) is amended— (A) by striking include and inserting includes ; (B) by striking and that such preparation and inserting that the preparation ; and (C) by inserting , and that the preparation shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally-appropriate activities, including knowledge and skills relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in social, extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting 1 or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities before the semicolon. (3) Technical assistance The Secretary of Health and Human Services shall provide assistance to the States on best practices for devising strategies to assist foster parents in applying a reasonable and prudent parent standard in a manner that protects child safety, while also allowing children to experience normal and beneficial activities, including methods for appropriately considering the concerns of the biological parents of a child in decisions related to participation of the child in activities (with the understanding that those concerns should not necessarily determine the participation of the child in any activity). (b) Normalcy for children in child care institutions Section 471(a)(10) ( 42 U.S.C. 671(a)(10) ) is amended to read as follows: (10) provides— (A) for the establishment or designation of a State authority or authorities that shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for the institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and which shall permit use of the reasonable and prudent parenting standard; (B) that the standards established pursuant to subparagraph (A) shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B and shall require, as a condition of each contract entered into by a child care institution to provide foster care, the presence on-site of at least 1 official who, with respect to any child placed at the child care institution, is designated to be the caregiver who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally-appropriate activities, and who is provided with training in how to use and apply the reasonable and prudent parent standard in the same manner as prospective foster parents are provided the training pursuant to paragraph (24); (C) that the standards established pursuant to subparagraph (A) shall include policies related to the liability of foster parents and private entities under contract by the State involving the application of the reasonable and prudent parent standard, to ensure appropriate liability for caregivers when a child participates in an approved activity and the caregiver approving the activity acts in accordance with the reasonable and prudent parent standard; and (D) that a waiver of any standards established pursuant to subparagraph (A) may be made only on a case-by-case basis for nonsafety standards (as determined by the State) in relative foster family homes for specific children in care; . (c) Supporting participation in age-Appropriate activities (1) Section 477(a) ( 42 U.S.C. 677(a) ) is amended— (A) by striking and at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ; and ; and (C) by adding at the end the following: (8) to ensure children who are likely to remain in foster care until 18 years of age have regular, ongoing opportunities to engage in age or developmentally-appropriate activities as defined in section 475(11). . (2) Section 477(h)(1) ( 42 U.S.C. 677(h)(1) ) is amended by inserting or, beginning in fiscal year 2020, $143,000,000 after $140,000,000 . (d) Effective date (1) In general The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. (2) 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 section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. 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. 112. Improving another planned permanent living arrangement as a permanency option (a) Elimination of another planned permanent living arrangement for children under age 16 (1) In general Section 475(5)(C)(i) ( 42 U.S.C. 675(5)(C)(i) ) is amended by inserting only in the case of a child who has attained 16 years of age before (in cases where . (2) Conforming amendment Section 422(b)(8)(A)(iii)(II) ( 42 U.S.C. 622(b)(8)(A)(iii)(II) ) is amended by inserting , subject to the requirements of sections 475(5)(C) and 475A(a) after arrangement . (3) Delayed applicability with respect to certain children In the case of children in foster care under the responsibility of an Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of a State), the amendments made by this subsection shall not apply until the date that is 3 years after the date of the enactment of this Act. (b) Additional requirements (1) In general Part E of title IV ( 42 U.S.C. 670 et seq. ) is amended by inserting after section 475 the following: 475A. Additional case plan and case review system requirements (a) Requirements for another planned permanent living arrangement In the case of any child for whom another planned permanent living arrangement is the permanency plan determined for the child under section 475(5)(C), the following requirements shall apply for purposes of approving the case plan for the child and the case system review procedure for the child: (1) Documentation of intensive, ongoing, unsuccessful efforts for family placement At each permanency hearing held with respect to the child, the State agency documents the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the State agency to return the child home or secure a placement for the child with a fit and willing relative (including adult siblings), a legal guardian, or an adoptive parent, including through efforts that utilize search technology (including social media) to find biological family members for the children. (2) Redetermination of appropriateness of placement at each permanency hearing The State agency shall implement procedures to ensure that, at each permanency hearing held with respect to the child, the court or administrative body appointed or approved by the court conducting the hearing on the permanency plan for the child does the following: (A) Ask the child about the desired permanency outcome for the child. (B) Make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to— (i) return home; (ii) be placed for adoption; (iii) be placed with a legal guardian; or (iv) be placed with a fit and willing relative. (3) Demonstration of support for engaging in age or developmentally-appropriate activities and social events At each permanency hearing held with respect to the child, the State agency shall document the steps the State agency is taking to ensure that— (A) the child's foster family home or child care institution is following the reasonable and prudent parent standard; and (B) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities). . (2) Conforming amendments (A) State plan requirements (i) Part B Section 422(b)(8)(A)(ii) ( 42 U.S.C. 622(b)(8)(A)(ii) ) is amended by inserting and in accordance with the requirements of section 475A after section 475(5) . (ii) Part E Section 471(a)(16) ( 42 U.S.C. 671(a)(16) ) is amended— (I) by inserting and in accordance with the requirements of section 475A after section 475(1) ; and (II) by striking section 475(5)(B) and inserting sections 475(5) and 475A . (B) Definitions Section 475 ( 42 U.S.C. 675 ) is amended— (i) in paragraph (1), in the matter preceding subparagraph (A), by inserting meets the requirements of section 475A and after written document which ; and (ii) in paragraph (5)— (I) in subparagraph (B), by adding at the end the following and, for a child for whom another planned permanent living arrangement has been determined as the permanency plan, the steps the State agency is taking to ensure the child’s foster family home or child care institution is following the reasonable and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities); ; and (II) in subparagraph (C)— (aa) by inserting , as of the date of the hearing, after compelling reason for determining ; and (bb) by inserting subject to section 475A(a), after another planned permanent living arrangement, . (c) Effective date (1) In general The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. (2) 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 section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. 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. 113. Empowering foster children age 14 and older in the development of their own case plan and transition planning for a successful adulthood (a) In general Section 475(1)(B) ( 42 U.S.C. 675(1)(B) ) is amended by adding at the end the following: With respect to a child who has attained 14 years of age, the plan developed for the child in accordance with this paragraph, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with up to 2 members of the case planning team who are chosen by the child and who are not a foster parent of, or caseworker for, the child. A State may reject an individual selected by a child to be a member of the case planning team at any time if the State has good cause to believe that the individual would not act in the best interests of the child. One individual selected by a child to be a member of the child's case planning team may be designated to be the child's advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child. . (b) Conforming amendments To include children 14 and older in transition planning Section 475 ( 42 U.S.C. 675 ) is amended— (1) in paragraph (1)(D), by striking Where appropriate, for a child age 16 and inserting For a child who has attained 14 years of age ; and (2) in paragraph (5)— (A) in subparagraph (C)— (i) in clause (i), by striking 16 and inserting 14 ; (ii) by striking and at the end of clause (ii); and (iii) by adding at the end the following: and (iv) if a child has attained 14 years of age, the permanency plan developed for the child, and any revision or addition to the plan, shall be developed in consultation with the child and, at the option of the child, with not more than 2 members of the permanency planning team who are selected by the child and who are not a foster parent of, or caseworker for, the child, except that the State may reject an individual so selected by the child if the State has good cause to believe that the individual would not act in the best interests of the child, and 1 individual so selected by the child may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent standard to the child; ; and (B) in subparagraph (I), by striking 16 and inserting 14 . (c) Transition planning for a successful adulthood Paragraphs (1)(D), (5)(C)(i), and (5)(C)(iii) of section 475 ( 42 U.S.C. 675 ) are each amended by striking independent living and inserting a successful adulthood . (d) List of rights Section 475A, as added by section 112(b)(1) of this Act, is amended by adding at the end the following: (b) List of rights The case plan for any child in foster care under the responsibility of the State who has attained 14 years of age shall include— (1) a document that describes the rights of the child with respect to education, health, visitation, and court participation, the right to be provided with the documents specified in section 475(5)(I) in accordance with that section, and the right to stay safe and avoid exploitation; and (2) a signed acknowledgment by the child that the child has been provided with a copy of the document and that the rights contained in the document have been explained to the child in an age-appropriate way. . (e) Report Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress regarding the implementation of the amendments made by this section. The report shall include— (1) an analysis of how States are administering the requirements of paragraphs (1)(B) and (5)(C) of section 475 of the Social Security Act, as amended by subsections (a) and (b) of this section, that a child in foster care who has attained 14 years of age be permitted to select up to 2 members of the case planning team or permanency planning team for the child from individuals who are not a foster parent of, or caseworker for, the child; and (2) a description of best practices of States with respect to the administration of the requirements. (f) Effective date (1) In general The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act. (2) 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 section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. 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. 114. Ensuring foster children have a birth certificate, Social Security card, health insurance information, medical records, and a driver’s license or equivalent State-issued identification card (a) Case review system requirement Section 475(5)(I) ( 42 U.S.C. 675(5)(I) ) is amended— (1) by striking and receives assistance and inserting receives assistance ; and (2) by inserting , and, if the child is leaving foster care by reason of having attained 18 years of age or such greater age as the State has elected under paragraph (8), unless the child has been in foster care for less than 6 months, is not discharged from care without being provided with (if the child is eligible to receive such document) an official or certified copy of the United States birth certificate of the child, a social security card issued by the Commissioner of Social Security, health insurance information, a copy of the child’s medical records, and a driver's license or identification card issued by a State in accordance with the requirements of section 202 of the REAL ID Act of 2005 before the period. (b) Effective date (1) In general The amendments made by this section shall take effect 1 year after the date of enactment of this Act. (2) 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 section, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the State legislature that begins after the date of the enactment of this Act. 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. 115. Information on children in foster care in annual reports using AFCARS data; consultation Section 479A ( 42 U.S.C. 679b ) is amended— (1) by striking The Secretary and inserting the following: (a) In general The Secretary ; (2) in paragraph (5), by striking and after the semicolon; (3) in paragraph (6)(C), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (7) include in the report submitted pursuant to paragraph (5) for fiscal year 2016 or any succeeding fiscal year, State-by-State data on— (A) children in foster care who have been placed in a child care institution or other setting that is not a foster family home, including— (i) the number of children in the placements and their ages, including separately, the number and ages of children who have a permanency plan of another planned permanent living arrangement; (ii) the duration of the placement in the settings (including for children who have a permanency plan of another planned permanent living arrangement); (iii) the types of child care institutions used (including group homes, residential treatment, shelters, or other congregate care settings); (iv) with respect to each child care institution or other setting that is not a foster family home, the number of children in foster care residing in each such institution or non-foster family home; (v) any clinically diagnosed special need of such children; and (vi) the extent of any specialized education, treatment, counseling, or other services provided in the settings; and (B) children in foster care who are pregnant or parenting. (b) Consultation on other issues The Secretary shall consult with States and organizations with an interest in child welfare, including organizations that provide adoption and foster care services, and shall take into account requests from Members of Congress, in selecting other issues to be analyzed and reported on under this section using data available to the Secretary, including data reported by States through the Adoption and Foster Care Analysis and Reporting System and to the National Youth in Transition Database. . C National advisory committee 121. Establishment of a national advisory committee on the sex trafficking of children and youth in the United States Title XI ( 42 U.S.C. 1301 et seq. ) is amended by inserting after section 1114 the following: 1114A. NATIONAL ADVISORY COMMITTEE ON THE SEX TRAFFICKING OF CHIILDREN AND YOUTH IN THE UNITED STATES (a) Official designation This section relates to the National Advisory Committee on the Sex Trafficking of Children and Youth in the United States (in this section referred to as the Committee ). (b) Authority Not later than 2 years after the date of enactment of this section, the Secretary shall establish and appoint all members of the Committee. (c) Membership (1) Composition The Committee shall be composed of not more than 21 members whose diverse experience and background enable them to provide balanced points of view with regard to carrying out the duties of the Committee. (2) Selection The Secretary, in consultation with the Attorney General and National Governors Association, shall appoint the members to the Committee. At least 1 Committee member shall be a former sex trafficking victim. 2 Committee members shall be a Governor of a State, 1 of whom shall be a member of the Democratic Party and 1 of whom shall be a member of the Republican Party. (3) Period of appointment; vacancies Members shall be appointed for the life of the Committee. A vacancy in the Committee shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Committee. (4) Compensation Committee members shall serve without compensation or per diem in lieu of subsistence. (d) Duties (1) National response The Committee shall advise the Secretary and the Attorney General on practical and general policies concerning improvements to the Nation's response to the sex trafficking of children and youth in the United States. (2) Policies for cooperation The Committee shall advise the Secretary and the Attorney General on practical and general policies concerning the cooperation of Federal, State, local, and tribal governments, child welfare agencies, social service providers, physical health and mental health providers, victim service providers, State or local courts with responsibility for conducting or supervising proceedings relating to child welfare or social services for children and their families, Federal, State, and local police, juvenile detention centers, and runaway and homeless youth programs, schools, the gaming and entertainment industry, and businesses and organizations that provide services to youth, on responding to sex trafficking, including the development and implementation of— (A) successful interventions with children and youth who are exposed to conditions that make them vulnerable to, or victims of, sex trafficking; and (B) recommendations for administrative or legislative changes necessary to use programs, properties, or other resources owned, operated, or funded by the Federal Government to provide safe housing for children and youth who are sex trafficking victims and provide support to entities that provide housing or other assistance to the victims. (3) Best practices and recommendations for states (A) In general Within 2 years after the establishment of the Committee, the Committee shall develop 2 tiers (referred to in this subparagraph as Tier I and Tier II ) of recommended best practices for States to follow in combating the sex trafficking of children and youth. Tier I shall provide States that have not yet substantively addressed the sex trafficking of children and youth with an idea of where to begin and what steps to take. Tier II shall provide States that are already working to address the sex trafficking of children and youth with examples of policies that are already being used effectively by other States to address sex trafficking. (B) Development The best practices shall be based on multidisciplinary research and promising, evidence-based models and programs as reflected in State efforts to meet the requirements of sections 101 and 102 of the Preventing Sex Trafficking and Strengthening Families Act. (C) Content The best practices shall be user-friendly, incorporate the most up-to-date technology, and include the following: (i) Sample training materials, protocols, and screening tools that, to the extent possible, accommodate for regional differences among the States, to prepare individuals who administer social services to identify and serve children and youth who are sex trafficking victims or at-risk of sex trafficking. (ii) Multidisciplinary strategies to identify victims, manage cases, and improve services for all children and youth who are at risk of sex trafficking, or are sex trafficking victims, in the United States. (iii) Sample protocols and recommendations based on current States’ efforts, accounting for regional differences between States that provide for effective, cross-system collaboration between Federal, State, local, and tribal governments, child welfare agencies, social service providers, physical health and mental health providers, victim service providers, State or local courts with responsibility for conducting or supervising proceedings relating to child welfare or social services for children and their families, the gaming and entertainment industry, Federal, State, and local police, juvenile detention centers and runaway and homeless youth programs, housing resources that are appropriate for housing child and youth victims of trafficking, schools, and businesses and organizations that provide services to children and youth. These protocols and recommendations should include strategies to identify victims and collect, document, and share data across systems and agencies, and should be designed to help agencies better understand the type of sex trafficking involved, the scope of the problem, the needs of the population to be served, ways to address the demand for trafficked children and youth and increase prosecutions of traffickers and purchasers of children and youth, and the degree of victim interaction with multiple systems. (iv) Developing the criteria and guidelines necessary for establishing safe residential placements for foster children who have been sex trafficked as well as victims of trafficking identified through interaction with law enforcement. (v) Developing training guidelines for caregivers that serve children and youth being cared for outside the home. (D) Informing states of best practices The Committee, in coordination with the National Governors Association, Secretary and Attorney General, shall ensure that State Governors and child welfare agencies are notified and informed on a quarterly basis of the best practices and recommendations for States, and notified 6 months in advance that the Committee will be evaluating the extent to which States adopt the Committee’s recommendations. (E) Report on State implementation Within 3 years after the establishment of the Committee, the Committee shall submit to the Secretary and the Attorney General, as part of its final report as well as for online and publicly available publication, a description of what each State has done to implement the recommendations of the Committee. (e) Reports (1) In general The Committee shall submit an interim and a final report on the work of the Committee to— (A) the Secretary; (B) the Attorney General; (C) the Committee on Finance of the Senate; and (D) the Committee on Ways and Means of the House of Representatives. (2) Reporting dates The interim report shall be submitted not later than 3 years after the establishment of the Committee. The final report shall be submitted not later than 4 years after the establishment of the Committee. (f) Administration (1) Agency support The Secretary shall direct the head of the Administration for Children and Families of the Department of Health and Human Services to provide all necessary support for the Committee. (2) Meetings (A) In general The Committee will meet at the call of the Secretary at least twice each year to carry out this section, and more often as otherwise required. (B) Accommodation for committee members unable to attend in person The Secretary shall create a process through which Committee members who are unable to travel to a Committee meeting in person may participate remotely through the use of video conference, teleconference, online, or other means. (3) Subcommittees The Committee may establish subcommittees or working groups, as necessary and consistent with the mission of the Committee. The subcommittees or working groups shall have no authority to make decisions on behalf of the Committee, nor shall they report directly to any official or entity listed in subsection (d). (4) Recordkeeping The records of the Committee and any subcommittees and working groups shall be maintained in accordance with appropriate Department of Health and Human Services policies and procedures and shall be available for public inspection and copying, subject to the Freedom of Information Act ( 5 U.S.C. 552 ). (g) Termination The Committee shall terminate 5 years after the date of its establishment, but the Secretary shall continue to operate and update, as necessary, an Internet website displaying the State best practices, recommendations, and evaluation of State-by-State implementation of the Secretary’s recommendations. (h) Definition For the purpose of this section, the term sex trafficking includes the definition set forth in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) ) and severe form of trafficking in persons described in section 103(9)(A) of such Act. . II Improving Adoption Incentives and Extending Family Connection Grants A Improving Adoption Incentive Payments 201. Extension of program through fiscal year 2016 Section 473A ( 42 U.S.C. 673b ) is amended— (1) in subsection (b)(5), by striking 2008 through 2012 and inserting 2013 through 2015 ; and (2) in each of paragraphs (1)(D) and (2) of subsection (h), by striking 2013 and inserting 2016 . 202. Improvements to award structure (a) Eligibility for award Section 473A(b) ( 42 U.S.C. 673b(b) ) is amended by striking paragraph (2) and redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively. (b) Data requirements Section 473A(c)(2) ( 42 U.S.C. 673b(c)(2) ) is amended— (1) in the paragraph heading, by striking numbers of adoptions and inserting rates of adoptions and guardianships ; (2) by striking the numbers and all that follows through section, and inserting each of the rates required to be determined under this section with respect to a State and a fiscal year, ; and (3) by inserting before the period the following: , and, with respect to the determination of the rates related to foster child guardianships, on the basis of information reported to the Secretary under paragraph (12) of subsection (g) . (c) Award amount Section 473A(d) ( 42 U.S.C. 673b(d) ) is amended— (1) in paragraph (1), by striking subparagraphs (A) through (C) and inserting the following: (A) $5,000, multiplied by the amount (if any) by which— (i) the number of foster child adoptions in the State during the fiscal year; exceeds (ii) the product (rounded to the nearest whole number) of— (I) the base rate of foster child adoptions for the State for the fiscal year; and (II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year; (B) $7,500, multiplied by the amount (if any) by which— (i) the number of pre-adolescent child adoptions and pre-adolescent foster child guardianships in the State during the fiscal year; exceeds (ii) the product (rounded to the nearest whole number) of— (I) the base rate of pre-adolescent child adoptions and pre-adolescent foster child guardianships for the State for the fiscal year; and (II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year who have attained 9 years of age but not 14 years of age; and (C) $10,000, multiplied by the amount (if any) by which— (i) the number of older child adoptions and older foster child guardianships in the State during the fiscal year; exceeds (ii) the product (rounded to the nearest whole number) of— (I) the base rate of older child adoptions and older foster child guardianships for the State for the fiscal year; and (II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year who have attained 14 years of age; and (D) $4,000, multiplied by the amount (if any) by which— (i) the number of foster child guardianships in the State during the fiscal year; exceeds (ii) the product (rounded to the nearest whole number) of— (I) the base rate of foster child guardianships for the State for the fiscal year; and (II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. ; and (2) by striking paragraph (3) and inserting the following: (3) Increased adoption and legal guardianship incentive payment for timely adoptions (A) In general If for any of fiscal years 2013 through 2015, the total amount of adoption and legal guardianship incentive payments payable under paragraph (1) of this subsection are less than the amount appropriated under subsection (h) for the fiscal year, then, from the remainder of the amount appropriated for the fiscal year that is not required for such payments (in this paragraph referred to as the timely adoption award pool ), the Secretary shall increase the adoption incentive payment determined under paragraph (1) for each State that the Secretary determines is a timely adoption award State for the fiscal year by the award amount determined for the fiscal year under subparagraph (C). (B) Timely adoption award State defined A State is a timely adoption award State for a fiscal year if the Secretary determines that, for children who were in foster care under the supervision of the State at the time of adoptive placement, the average number of months from removal of children from their home to the placement of children in finalized adoptions is less than 24 months. (C) Award amount For purposes of subparagraph (A), the award amount determined under this subparagraph with respect to a fiscal year is the amount equal to the timely adoption award pool for the fiscal year divided by the number of timely adoption award States for the fiscal year. . (d) Definitions Section 473A(g) ( 42 U.S.C. 673b(g) ) is amended by striking paragraphs (1) through (8) and inserting the following: (1) Foster child adoption rate The term foster child adoption rate means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of foster child adoptions finalized in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. (2) Base rate of foster child adoptions The term base rate of foster child adoptions means, with respect to a State and a fiscal year, the lesser of— (A) the foster child adoption rate for the State for the then immediately preceding fiscal year; or (B) the foster child adoption rate for the State for the average of the then immediately preceding 3 fiscal years. (3) Foster child adoption The term foster child adoption means the final adoption of a child who, at the time of adoptive placement, was in foster care under the supervision of the State. (4) Pre-adolescent child adoption and pre-adolescent foster child guardianship rate The term pre-adolescent child adoption and pre-adolescent foster child guardianship rate means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of pre-adolescent child adoptions and pre-adolescent foster child guardianships finalized in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 9 years of age but not 14 years of age. (5) Base rate of pre-adolescent child adoptions and pre-adolescent foster child guardianships The term base rate of pre-adolescent child adoptions and pre-adolescent foster child guardianships means, with respect to a State and a fiscal year, the lesser of— (A) the pre-adolescent child adoption and pre-adolescent foster child guardianship rate for the State for the then immediately preceding fiscal year; or (B) the pre-adolescent child adoption and pre-adolescent foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. (6) Pre-adolescent child adoption and pre-adolescent foster child guardianship The term pre-adolescent child adoption and pre-adolescent foster child guardianship means the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 9 years of age but not 14 years of age if— (A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or (B) an adoption assistance agreement was in effect under section 473(a) with respect to the child. (7) Older child adoption and older foster child guardianship rate The term older child adoption and older foster child guardianship rate means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of older child adoptions and older foster child guardianships finalized in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 14 years of age. (8) Base rate of older child adoptions and older foster child guardianships The term base rate of older child adoptions and older foster child guardianships means, with respect to a State and a fiscal year, the lesser of— (A) the older child adoption and older foster child guardianship rate for the State for the then immediately preceding fiscal year; or (B) the older child adoption and older foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. (9) Older child adoption and older foster child guardianship The term older child adoption and older foster child guardianship means the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 14 years of age if— (A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or (B) an adoption assistance agreement was in effect under section 473(a) with respect to the child. (10) Foster child guardianship rate The term foster child guardianship rate means, with respect to a State and a fiscal year, the percentage determined by dividing— (A) the number of foster child guardianships occurring in the State during the fiscal year; by (B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. (11) Base rate of foster child guardianships The term base rate of foster child guardianships means, with respect to a State and a fiscal year, the lesser of— (A) the foster child guardianship rate for the State for the then immediately preceding fiscal year; or (B) the foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. (12) Foster child guardianship The term foster child guardianship means, with respect to a State, the exit of a child from foster care under the responsibility of the State to live with a legal guardian, if the State has reported to the Secretary— (A) that the State agency has determined that— (i) the child has been removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; (ii) being returned home or adopted are not appropriate permanency options for the child; (iii) the child demonstrates a strong attachment to the prospective legal guardian, and the prospective legal guardian has a strong commitment to caring permanently for the child; and (iv) if the child has attained 14 years of age, the child has been consulted regarding the legal guardianship arrangement; or (B) the alternative procedures used by the State to determine that legal guardianship is the appropriate option for the child. . 203. Renaming of program (a) In general The section heading of section 473A ( 42 U.S.C. 673b ) is amended to read as follows: 473A. Adoption and legal guardianship incentive payments . (b) Conforming amendments (1) Section 473A is amended in each of subsections (a), (d)(1), (d)(2)(A), and (d)(2)(B) (42 U.S.C. 673b(a), (d)(1), (d)(2)(A), and (d)(2)(B)) by inserting and legal guardianship after adoption each place it appears. (2) The heading of section 473A(d) ( 42 U.S.C. 673b(d) ) is amended by inserting and legal guardianship after adoption . 204. Limitation on use of incentive payments Section 473A(f) ( 42 U.S.C. 673b(f) ) is amended in the 1st sentence by inserting , and shall use the amount to supplement, and not supplant, any Federal or non-Federal funds used to provide any service under part B or E before the period. 205. Increase in period for which incentive payments are available for expenditure Section 473A(e) ( 42 U.S.C. 673b(e) ) is amended— (1) in the subsection heading, by striking 24 -month and inserting 36 -month ; and (2) by striking 24-month and inserting 36-month . 206. State report on calculation and use of savings resulting from the phase-out of eligibility requirements for adoption assistance; requirement to spend 30 percent of savings on certain services Section 473(a)(8) ( 42 U.S.C. 673(a)(8) ) is amended to read as follows: (8) (A) A State shall calculate the savings (if any) resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, using a methodology specified by the Secretary or an alternate methodology proposed by the State and approved by the Secretary. (B) A State shall annually report to the Secretary— (i) the methodology used to make the calculation described in subparagraph (A), without regard to whether any savings are found; (ii) the amount of any savings referred to in subparagraph (A); and (iii) how any such savings are spent, accounting for and reporting the spending separately from any other spending reported to the Secretary under part B or this part. (C) The Secretary shall make all information reported pursuant to subparagraph (B) available on the website of the Department of Health and Human Services in a location easily accessible to the public. (D) (i) A State shall spend an amount equal to the amount of the savings (if any) in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, to provide to children of families any service that may be provided under part B or this part. A State shall spend not less than 30 percent of any such savings on post-adoption services, post-guardianship services, and services to support and sustain positive permanent outcomes for children who otherwise might enter into foster care under the responsibility of the State, with at least 2/3 of the spending by the State to comply with such 30 percent requirement being spent on post-adoption and post-guardianship services. (ii) Any State spending required under clause (i) shall be used to supplement, and not supplant, any Federal or non-Federal funds used to provide any service under part B or this part. . 207. Preservation of eligibility for kinship guardianship assistance payments with a successor guardian Section 473(d)(3) ( 42 U.S.C. 673(d)(3) ) is amended by adding at the end the following: (C) Eligibility not affected by replacement of guardian with a successor guardian In the event of the death or incapacity of the relative guardian, the eligibility of a child for a kinship guardianship assistance payment under this subsection shall not be affected by reason of the replacement of the relative guardian with a successor legal guardian named in the kinship guardianship assistance agreement referred to in paragraph (1) (including in any amendment to the agreement), notwithstanding subparagraph (A) of this paragraph and section 471(a)(28). . 208. Data collection on adoption and legal guardianship disruption and dissolution Section 479 ( 42 U.S.C. 679 ) is amended by adding at the end the following: (d) To promote improved knowledge on how best to ensure strong, permanent families for children, the Secretary shall promulgate regulations providing for the collection and analysis of information regarding children who enter into foster care under the supervision of a State after prior finalization of an adoption or legal guardianship. The regulations shall require each State with a State plan approved under this part to collect and report as part of such data collection system the number of children who enter foster care under supervision of the State after finalization of an adoption or legal guardianship and may include information concerning the length of the prior adoption or guardianship, the age of the child at the time of the prior adoption or guardianship, the age at which the child subsequently entered foster care under supervision of the State, the type of agency involved in making the prior adoptive or guardianship placement, and any other factors determined necessary to better understand factors associated with the child’s post-adoption or post-guardianship entry to foster care. . 209. Encouraging the placement of children in foster care with siblings (a) State plan amendment (1) Notification of parents of siblings Section 471(a)(29) ( 42 U.S.C. 671(a)(29) ) is amended by striking all adult grandparents and inserting the following relatives: all adult grandparents, all parents of a sibling of the child, where such parent has legal custody of such sibling, . (2) Sibling defined Section 475 ( 42 U.S.C. 675 ), as amended by sections 101(b) and 111(a)(1) of this Act, is amended by adding at the end the following: (12) The term sibling means an individual who satisfies at least one of the following conditions with respect to a child: (A) The individual is considered by State law to be a sibling of the child. (B) The individual would have been considered a sibling of the child under State law but for a termination or other disruption of parental rights, such as the death of a parent. . (b) Rule of construction Nothing in this section shall be construed as subordinating the rights of foster or adoptive parents of a child to the rights of the parents of a sibling of that child. 210. Effective dates (a) In general Except as otherwise provided in this section, the amendments made by this subtitle shall take effect as if enacted on October 1, 2013. (b) Restructuring and renaming of program (1) In general The amendments made by sections 202 and 203 shall take effect on October 1, 2014, subject to paragraph (2). (2) Transition rule (A) In general Notwithstanding any other provision of law, the total amount payable to a State under section 473A of the Social Security Act for fiscal year 2014 shall be an amount equal to 1/2 of the sum of— (i) the total amount that would be payable to the State under such section for fiscal year 2014 if the amendments made by section 202 of this Act had not taken effect; and (ii) the total amount that would be payable to the State under such section for fiscal year 2014 in the absence of this paragraph. (B) Pro rata adjustment if insufficient funds available If the total amount otherwise payable under subparagraph (A) for fiscal year 2014 exceeds the amount appropriated pursuant to section 473A(h) of the Social Security Act ( 42 U.S.C. 673b(h) ) for that fiscal year, the amount payable to each State under subparagraph (A) for fiscal year 2014 shall be— (i) the amount that would otherwise be payable to the State under subparagraph (A) for fiscal year 2014; multiplied by (ii) the percentage represented by the amount so appropriated for fiscal year 2014, divided by the total amount otherwise payable under subparagraph (A) to all States for that fiscal year. (c) Use of incentive payments; eligibility for kinship guardianship assistance payments with a successor guardian; data collection The amendments made by sections 204, 207, and 208 shall take effect on the date of enactment of this Act. (d) Calculation and use of savings resulting from the phase- O ut of eligibility requirements for adoption assistance The amendment made by section 206 shall take effect on October 1, 2014. (e) Notification of parents of siblings (1) In general The amendments made by section 209 shall take effect on the date of enactment of this Act, subject to paragraph (2). (2) Delay permitted if State legislation required In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by section 209, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. B Extending the Family Connection Grant Program 221. Extension of family connection grant program (a) In general Section 427(h) ( 42 U.S.C. 627(h) ) is amended by striking 2013 and inserting 2014 . (b) Eligibility of universities for matching grants Section 427(a) ( 42 U.S.C. 627(a) ) is amended, in the matter preceding paragraph (1)— (1) by striking and before private ; and (2) by inserting and institutions of higher education (as defined under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), after arrangements, . (c) Finding families for foster children who are parents Section 427(a)(1)(E) ( 42 U.S.C. 627(a)(1)(E) ) is amended by inserting and other individuals who are willing and able to be foster parents for children in foster care under the responsibility of the State who are themselves parents after kinship care families . (d) Reservation of funds Section 427(g) ( 42 U.S.C. 627(g) ) is amended— (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (e) Effective date The amendments made by this section shall take effect as if enacted on October 1, 2013. III Improving International Child Support Recovery 301. Amendments to ensure access to child support services for international child support cases (a) Authority of the secretary of HHS To ensure compliance with multilateral child support conventions (1) In general Section 452 ( 42 U.S.C. 652 ) is amended— (A) by redesignating the second subsection (l) (as added by section 7306 of the Deficit Reduction Act of 2005) as subsection (m); and (B) by adding at the end the following: (n) The Secretary shall use the authorities otherwise provided by law to ensure the compliance of the United States with any multilateral child support convention to which the United States is a party. . (2) Conforming amendment Section 453(k)(3) ( 42 U.S.C. 653(k)(3) ) is amended by striking 452(l) and inserting 452(m) . (b) Access to the federal parent locator service Section 453(c) ( 42 U.S.C. 653(c) ) is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; and ; and (3) by adding at the end the following: (5) an entity designated as a Central Authority for child support enforcement in a foreign reciprocating country or a foreign treaty country for purposes specified in section 459A(c)(2). . (c) State option To require individuals in foreign countries To apply through their country’s appropriate central authority Section 454 ( 42 U.S.C. 654 ) is amended— (1) in paragraph (4)(A)(ii), by inserting before the semicolon (except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application) ; and (2) in paragraph (32)— (A) in subparagraph (A), by inserting , a foreign treaty country, after a foreign reciprocating country ; and (B) in subparagraph (C), by striking or foreign obligee and inserting , foreign treaty country, or foreign individual . (d) Amendments to international support enforcement provisions Section 459A ( 42 U.S.C. 659a ) is amended— (1) by adding at the end the following: (e) References In this part: (1) Foreign reciprocating country The term foreign reciprocating country means a foreign country (or political subdivision thereof) with respect to which the Secretary has made a declaration pursuant to subsection (a). (2) Foreign treaty country The term foreign treaty country means a foreign country for which the 2007 Family Maintenance Convention is in force. (3) 2007 family maintenance convention The term 2007 Family Maintenance Convention means the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance. ; (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking foreign countries that are the subject of a declaration under this section and inserting foreign reciprocating countries or foreign treaty countries ; and (B) in paragraph (2), by inserting and foreign treaty countries after foreign reciprocating countries ; and (3) in subsection (d), by striking the subject of a declaration pursuant to subsection (a) and inserting foreign reciprocating countries or foreign treaty countries . (e) Collection of past-Due support from federal tax refunds Section 464(a)(2)(A) ( 42 U.S.C. 664(a)(2)(A) ) is amended by striking under section 454(4)(A)(ii) and inserting under paragraph (4)(A)(ii) or (32) of section 454 . (f) State law requirement concerning the uniform interstate family support act (UIFSA) (1) In general Section 466(f) ( 42 U.S.C. 666(f) ) is amended— (A) by striking on and after January 1, 1998, ; (B) by striking and as in effect on August 22, 1996, ; and (C) by striking adopted as of such date and inserting adopted as of September 30, 2008 . (2) Conforming amendments to title 28 , united states code Section 1738B of title 28, United States Code, is amended— (A) in subsection (d), by striking individual contestant and inserting individual contestant or the parties have consented in a record or open court that the tribunal of the State may continue to exercise jurisdiction to modify its order, ; (B) in subsection (e)(2)(A), by striking individual contestant and inserting individual contestant and the parties have not consented in a record or open court that the tribunal of the other State may continue to exercise jurisdiction to modify its order ; and (C) in subsection (b)— (i) by striking child means and inserting (1) The term child means ; (ii) by striking child’s State means and inserting (2) The term child’s State means ; (iii) by striking child’s home State means and inserting (3) The term child’s home State means ; (iv) by striking child support means and inserting (4) The term child support means ; (v) by striking child support order and inserting (5) The term child support order ; (vi) by striking contestant means and inserting (6) The term contestant means ; (vii) by striking court means and inserting (7) The term court means ; (viii) by striking modification means and inserting (8) The term modification means ; and (ix) by striking State means and inserting (9) The term State means . (3) Effective date; grace period for state law changes (A) Paragraph (1) (i) The amendments made by paragraph (1) shall take effect with respect to a State no later than the effective date of laws enacted by the legislature of the State implementing such paragraph, but in no event later than the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. (ii) For purposes of clause (i), in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. (B) Paragraph (2) (i) The amendments made by subparagraphs (A) and (B) of paragraph (2) shall take effect on the date on which the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance enters into force for the United States. (ii) The amendments made by subparagraph (C) of paragraph (2) shall take effect on the date of the enactment of this Act. 302. Child support enforcement programs for Indian tribes (a) Tribal access to the Federal parent locator service Section 453(c)(1) ( 42 U.S.C. 653(c)(1) ) is amended by inserting or Indian tribe or tribal organization (as defined in subsections (e) and (l) of section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )), after any State . (b) Waiver authority for Indian tribes or tribal organizations operating child support enforcement programs Section 1115(b) ( 42 U.S.C. 1315(b) ) is amended— (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and realigning the left margin of subparagraph (C) so as to align with subparagraphs (A) and (B) (as so redesignated); (2) by inserting (1) after (b) ; and (3) by adding at the end the following: (2) An Indian tribe or tribal organization operating a program under section 455(f) shall be considered a State for purposes of authority to conduct an experimental, pilot, or demonstration project under subsection (a) to assist in promoting the objectives of part D of title IV and receiving payments under the second sentence of that subsection. The Secretary may waive compliance with any requirements of section 455(f) or regulations promulgated under that section to the extent and for the period the Secretary finds necessary for an Indian tribe or tribal organization to carry out such project. Costs of the project which would not otherwise be included as expenditures of a program operating under section 455(f) and which are not included as part of the costs of projects under section 1110, shall, to the extent and for the period prescribed by the Secretary, be regarded as expenditures under a tribal plan or plans approved under such section, or for the administration of such tribal plan or plans, as may be appropriate. An Indian tribe or tribal organization applying for or receiving start-up program development funding pursuant to section 309.16 of title 45, Code of Federal Regulations, shall not be considered to be an Indian tribe or tribal organization operating a program under section 455(f) for purposes of this paragraph. . (c) Conforming amendments Section 453(f) ( 42 U.S.C. 653(f) ) is amended by inserting and tribal after State each place it appears. 303. Sense of the Congress regarding offering of voluntary parenting time arrangements (a) Findings The Congress finds as follows: (1) The separation of a child from a parent does not end the financial or other responsibilities of the parent toward the child. (2) Increased parental access and visitation not only improve parent-child relationships and outcomes for children, but also have been demonstrated to result in improved child support collections, which creates a double win for children—a more engaged parent and improved financial security. (b) Sense of the Congress It is the sense of the Congress that— (1) establishing parenting time arrangements when obtaining child support orders is an important goal which should be accompanied by strong family violence safeguards; and (2) States should use existing funding sources to support the establishment of parenting time arrangements, including child support incentives, Access and Visitation Grants, and Healthy Marriage Promotion and Responsible Fatherhood Grants. 304. Data exchange standardization for improved interoperability (a) In general Section 452 ( 42 U.S.C. 652 ), as amended by section 301(a)(1) of this Act, is amended by adding at the end the following: (o) Data exchange standards for improved interoperability (1) Designation The Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State government perspectives, by rule, designate data exchange standards to govern, under this part— (A) necessary categories of information that State agencies operating programs under State plans approved under this part are required under applicable Federal law to electronically exchange with another State agency; and (B) Federal reporting and data exchange required under applicable Federal law. (2) Requirements The data exchange standards required by paragraph (1) shall, to the extent practicable— (A) incorporate a widely accepted, non-proprietary, searchable, computer-readable format, such as the eXtensible Markup Language; (B) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; (C) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance; (D) be consistent with and implement applicable accounting principles; (E) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and (F) be capable of being continually upgraded as necessary. (3) Rule of construction Nothing in this subsection shall be construed to require a change to existing data exchange standards found to be effective and efficient. . (b) Effective date The Secretary of Health and Human Services shall issue a proposed rule within 24 months after the date of the enactment of this section. The rule shall identify federally required data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges. It should also specify State implementation options and describe future milestones. 305. Report to Congress The Secretary of Health and Human Services shall— (1) in conjunction with the strategic plan, review and provide recommendations for cost-effective improvements to the child support enforcement program under part D of title IV of the Social Security Act, and ensure that the plan addresses the effectiveness and performance of the program, analyzes program practices, identifies possible new collection tools and approaches, and identifies strategies for holding parents accountable for supporting their children and for building the capacity of parents to pay child support, with specific attention given to matters including front-end services, on-going case management, collections, Tribal-State partnerships, interstate and intergovernmental interactions, program performance, data analytics, and information technology; (2) in carrying out paragraph (1), consult with and include input from— (A) State, tribal, and county child support directors; (B) judges who preside over family courts or other State or local courts with responsibility for conducting or supervising proceedings relating to child support enforcement, child welfare, or social services for children and their families, and organizations that represent the judges; (C) custodial parents and organizations that represent them; (D) noncustodial parents and organizations that represent them; and (E) organizations that represent fiduciary entities that are affected by child support enforcement policies; and (3) in developing the report required by paragraph (4), solicit public comment; (4) not later than June 30, 2015, submit to the Congress a report that sets forth policy options for improvements in child support enforcement, which report shall include the following: (A) A review of the effectiveness of State child support enforcement programs, and the collection practices employed by State agencies administering programs under such part, and an analysis of the extent to which the practices result in unintended consequences or performance issues associated with the programs and practices. (B) Recommendations for methods to enhance the effectiveness of child support enforcement programs and collection practices. (C) A review of State best practices in regards to establishing and operating State and multistate lien registries. (D) A compilation of State recovery and distribution policies. (E) Options, with analysis, for methods to engage noncustodial parents in the lives of their children through consideration of parental time and visitation with children. (F) An analysis of the role of alternative dispute resolution in making child support determinations. (G) Identification of best practices for— (i) determining which services and support programs available to custodial and noncustodial parents are non-duplicative, evidence-based, and produce quality outcomes, and connecting custodial and noncustodial parents to those services and support programs; (ii) providing employment support, job training, and job placement for custodial and noncustodial parents; and (iii) establishing services, supports, and child support payment tracking for noncustodial parents, including options for the prevention of, and intervention on, uncollectible arrearages, such as retroactive obligations. (H) Options, with analysis, for methods for States to use to collect child support payments from individuals who owe excessive arrearages as determined under section 454(31) of such Act. (I) A review of State practices under 454(31) of such Act used to determine which individuals are excluded from the requirements of section 452(k) of such Act, including the extent to which individuals are able to successfully contest or appeal decisions. (J) Options, with analysis, for actions as are determined to be appropriate for improvement in child support enforcement. 306. Required electronic processing of income withholding (a) In general Section 454A(g)(1) ( 42 U.S.C. 654a(g)(1)(A) ) is amended— (1) by striking , to the maximum extent feasible, ; and (2) in subparagraph (A)— (A) by striking and at the end of clause (i); (B) by adding and at the end of clause (ii); and (C) by adding at the end the following: (iii) at the option of the employer, using the electronic transmission methods prescribed by the Secretary; . (b) Effective date The amendments made by subsection (a) shall take effect on October 1, 2015. IV Budgetary effects 401. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.
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113-hr-4981
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I 113th CONGRESS 2d Session H. R. 4981 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Cartwright (for himself, Mr. Blumenauer , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Mrs. Brooks of Indiana , Ms. Brown of Florida , Ms. Chu , Mr. Cicilline , Ms. Clark of Massachusetts , Mr. Coffman , Mr. Cohen , Mr. Cooper , Mr. Cole , Mr. Cotton , Mr. Crowley , Mr. Cummings , Ms. DelBene , Ms. DeGette , Mr. DeFazio , Mr. DeSantis , Mr. Deutch , Ms. Eshoo , Mr. Farr , Mr. Fattah , Ms. Fudge , Mr. Garcia , Mr. Gene Green of Texas , Mr. Hastings of Florida , Mr. Hastings of Washington , Mr. Israel , Ms. Jackson Lee , Ms. Kaptur , Ms. Kuster , Mrs. Lowey , Mr. Marino , Mr. Meehan , Ms. Matsui , Mrs. McCarthy of New York , Mr. Meadows , Mr. Messer , Mr. George Miller of California , Mr. Meeks , Mr. Mullin , Mr. Neal , Mr. Nolan , Ms. Norton , Mr. Pascrell , Mr. Payne , Mr. Perry , Mr. Rangel , Mr. Reichert , Ms. Ros-Lehtinen , Mr. Ruiz , Ms. Schwartz , Ms. Shea-Porter , Ms. Slaughter , Ms. Speier , Mr. Stockman , Mr. Terry , Ms. Titus , Mr. Van Hollen , Mr. Vargas , Mr. Vela , Mr. Weber of Texas , Ms. Wilson of Florida , Mr. Yarmuth , Ms. DeLauro , Mrs. Davis of California , Mr. Jordan , Mr. Duncan of Tennessee , Mr. Bachus , Ms. Kelly of Illinois , Mr. Honda , Mr. King of New York , and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 2259 of title 18, United States Code, and for other purposes.
1. Short title This Act may be cited as the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 . 2. Findings Congress finds the following: (1) The demand for child pornography harms children because it drives production, which involves severe and often irreparable child sexual abuse and exploitation. (2) The harms caused by child pornography are more extensive than the harms caused by child sex abuse alone because child pornography is a permanent record of the abuse of the depicted child, and the harm to the child is exacerbated by its circulation. Every viewing of child pornography is a repetition of the victim's original childhood sexual abuse. (3) Victims suffer continuing and grievous harm as a result of knowing that a large, indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse. Harms of this sort are a major reason that child pornography is outlawed. (4) The unlawful collective conduct of every individual who reproduces, distributes, or possesses the images of a victim’s childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim. Multiple actors independently commit intentional crimes that combine to produce an indivisible injury to a victim. (5) It is the intent of Congress that victims of child pornography be fully compensated for all the harms resulting from each and every perpetrator who contributes to their anguish. (6) Congress intends to adopt and hereby adopts an aggregate causation standard to address the unique crime of child pornography and the unique harms caused by child pornography. (7) Victims should not be limited to receiving restitution from defendants only for losses caused by each defendant’s own offense of conviction. Courts must apply a less restrictive aggregate causation standard in child pornography cases, while also recognizing appropriate constitutional limits and protections for defendants. 3. Mandatory restitution Section 2259 of title 18, United States Code, is amended— (1) in subsection (b), by striking paragraph (3) and inserting the following: (3) Definition (A) For purposes of this subsection, the term full amount of the victim's losses includes any costs incurred by the victim for— (i) lifetime medical services relating to physical, psychiatric, or psychological care; (ii) lifetime physical and occupational therapy or rehabilitation; (iii) necessary transportation, temporary housing, and child care expenses; (iv) lifetime lost income; and (v) attorneys’ fees, as well as other costs incurred. (B) For purposes of this subsection, the term full amount of the victim's losses also includes any other losses suffered by the victim, in addition to the costs listed in subparagraph (A), if those losses are a proximate result of the offense. (C) For purposes of this subsection, the term full amount of the victim's losses also includes any losses suffered by the victim from any sexual act or sexual conduct (as those terms are defined in section 2246) in preparation for or during the production of child pornography depicting the victim involved in the offense. ; (2) by redesignating subsection (c) as subsection (d); (3) by inserting after subsection (b) the following: (c) Determining restitution (1) Harmed by one defendant If the victim was harmed as a result of the commission of an offense under section 2251, 2251A, 2252, 2252A, or 2260 by 1 defendant, the court shall determine the full amount of the victim's losses caused by the defendant and enter an order of restitution for an amount that is not less than the full amount of the victim's losses. (2) Harmed by more than one defendant If the victim was harmed as a result of offenses under section 2251, 2251A, 2252, 2252A, or 2260 by more than 1 person, regardless of whether the persons have been charged, prosecuted, or convicted in any Federal or State court of competent jurisdiction within the United States, the court shall determine the full amount of the victim’s losses caused by all such persons, or reasonably expected to be caused by such persons, and enter an order of restitution against the defendant in favor of the victim for— (A) the full amount of the victim's losses; or (B) an amount that is not more than the amount described in subparagraph (A) and not less than— (i) $250,000 for any offense or offenses under section 2251(a), 2251(b), 2251(c), 2251A, 2252A(g), or 2260(a); (ii) $150,000 for any offense or offenses under section 2251(d), 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2252A(a)(6), 2252A(a)(7), or 2260(b); or (iii) $25,000 for any offense or offenses under section 2252(a)(4) or 2252A(a)(5). (3) Maximum amount of restitution No order of restitution issued under this section may exceed the full amount of the victim's losses. (4) Joint and several liability Each defendant against whom an order of restitution is issued under paragraph (2)(A) shall be jointly and severally liable to the victim with all other defendants against whom an order of restitution is issued under paragraph (2)(A) in favor of such victim. (5) Contribution Each defendant who is ordered to pay restitution under paragraph (2)(A), and has made full payment to the victim equal to or exceeding the statutory minimum amount described in paragraph (2)(B), may recover contribution from any defendant who is also ordered to pay restitution under paragraph (2)(A). Such claims shall be brought in accordance with this section and the Federal Rules of Civil Procedure. In resolving contribution claims, the court may allocate payments among liable parties using such equitable factors as the court determines are appropriate so long as no payments to victims are reduced or delayed. No action for contribution may be commenced more than 5 years after the date on which the defendant seeking contribution was ordered to pay restitution under this section. ; (4) in subsection (d), as redesignated, by striking a commission of a crime under this chapter, and inserting or by the commission of (i) an offense under this chapter or (ii) a series of offenses under this chapter committed by the defendant and other persons causing aggregated losses, ; and (5) by adding at the end the following: (e) Report Not later than 1 year after the date of enactment of the Amy and Vicky Child Pornography Victim Restitution Improvement Act of 2014 , the Attorney General shall submit to Congress a report on the progress, if any, of the Department of Justice in obtaining restitution for victims of any offense under section 2251, 2251A, 2252, 2252A, or 2260. .
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113-hr-4982
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I 113th CONGRESS 2d Session H. R. 4982 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Bucshon (for himself, Mr. Kelly of Pennsylvania , Mr. Kline , Mr. George Miller of California , Mr. Tierney , Mr. Bishop of New York , Mr. Polis , and Mr. Royce ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To simplify the application used for the estimation and determination of financial aid eligibility for postsecondary education.
1. Short title This Act may be cited as the Simplifying the Application for Student Aid Act . 2. Using data from second preceding year Section 480(a)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv(a)(1)(B) ) is amended to read as follows: (B) Notwithstanding section 478(a) and beginning not later than the second January 1 after the date of enactment of the Simplifying the Application for Student Aid Act , the Secretary shall provide for the use of data from the second preceding tax year to carry out the simplification of applications (including simplification for a subset of applications) used for the estimation and determination of financial aid eligibility. Such simplification shall include the sharing of data between the Internal Revenue Service and the Department, pursuant to the consent of the taxpayer. .
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113-hr-4983
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I 113th CONGRESS 2d Session H. R. 4983 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. Foxx (for herself, Mr. Messer , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To simplify and streamline the information regarding institutions of higher education made publicly available by the Secretary of Education, and for other purposes.
1. Short title This Act may be cited as the Strengthening Transparency in Higher Education Act . 2. College Dashboard website (a) Establishment Section 132 of the Higher Education Act of 1965 ( 20 U.S.C. 1015a ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking first-time, ; (B) in paragraph (3) in the matter preceding subparagraph (A), by striking first-time, ; and (C) in paragraph (4), by striking first-time, ; (2) in subsection (b)— (A) in paragraph (1), by striking first-time ; and (B) in paragraph (2), by striking first-time ; (3) by striking subsections (c) through (g), (j), and (l); (4) by redesignating subsections (h), (i), and (k) as subsections (c), (d), and (e), respectively; and (5) by striking subsection (d) (as so redesignated) and inserting the following new subsection: (d) Consumer information (1) Availability of title IV institution information The Secretary shall develop and make publicly available a website to be known as the College Dashboard website in accordance with this section and prominently display on such website, in simple, understandable, and unbiased terms for the most recent academic year for which satisfactory data are available, the following information with respect to each institution of higher education that participates in a program under title IV: (A) A link to the website of the institution. (B) An identification of the type of institution as one of the following: (i) A four-year public institution of higher education. (ii) A four-year private, nonprofit institution of higher education. (iii) A four-year private, for-profit institution of higher education. (iv) A two-year public institution of higher education. (v) A two-year private, nonprofit institution of higher education. (vi) A two-year private, for-profit institution of higher education. (vii) A less than two-year public institution of higher education. (viii) A less than two-year private, nonprofit institution of higher education. (ix) A less than two-year private, for-profit institution of higher education. (C) The number of students enrolled at the institution— (i) as undergraduate students; and (ii) as graduate students, if applicable. (D) The student-faculty ratio. (E) The percentage of degree-seeking or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within— (i) the normal time for completion of, or graduation from, the program in which the student is enrolled; (ii) 150 percent of the normal time for completion of, or graduation from, the program in which the student is enrolled; and (iii) 200 percent of the normal time for completion of, or graduation from, the program in which the student is enrolled. (F) The average net price per year for undergraduate students and a link to the net price calculator for such institution. (G) The average Federal student loan debt incurred by an undergraduate student who has obtained a certificate or degree from the institution and who borrowed Federal student loans in the course of obtaining such certificate or degree. (H) The cohort default rate (as defined in section 435(m)) for such institution. (I) A link to national and regional data from the Bureau of Labor Statistics on starting salaries in all major occupations. (2) Additional information The Secretary shall publish on Internet webpages that are linked to through the College Dashboard website for the most recent academic year for which satisfactory data is available the following information with respect to each institution of higher education that participates in a program under title IV: (A) Enrollment (i) The percentages of male and female undergraduate students enrolled at the institution. (ii) The percentages of undergraduate students enrolled at the institution— (I) full-time; and (II) less than full-time. (iii) Of the undergraduate students enrolled at the institution— (I) the percentage of such students who are from the State in which the institution is located; (II) the percentage of such students who are from other States; and (III) the percentage of such students who are international students. (iv) The percentages of students enrolled at the institution, disaggregated by race and ethnic background. (v) The percentage of undergraduate students enrolled at the institution who are formally registered with the office of disability services of the institution (or the equivalent office) as students with disabilities, except that if such percentage is three percent or less, the institution shall report three percent or less . (vi) The percentage of students enrolled at the institution who are veterans (as defined in section 480). (B) Completion The information required under paragraph (1)(E), disaggregated by— (i) recipients of a Federal Pell Grant; (ii) recipients of a loan made under part D (other than a Federal Direct Unsubsidized Stafford Loan) who did not receive a Federal Pell Grant; and (iii) persons who did not receive a Federal Pell Grant or a loan made under part D (other than a Federal Direct Unsubsidized Stafford Loan). (C) Costs (i) The cost of attendance for full-time undergraduate students enrolled in the institution who live on campus. (ii) The cost of attendance for full-time undergraduate students enrolled in the institution who live off campus. (iii) The cost of tuition and fees for full-time undergraduate students enrolled in the institution. (iv) The cost of tuition and fees per credit hour or credit hour equivalency for undergraduate students enrolled in the institution less than full time. (v) In the case of a public institution of higher education and notwithstanding subsection (b)(1), the costs described in clauses (i) and (ii) for— (I) full-time students enrolled in the institution who are residents of the State in which the institution is located; and (II) full-time students enrolled in the institution who are not residents of such State. (vi) The net price for students receiving Federal student financial aid under title IV, disaggregated by the following income categories for such students: (I) $0 to $30,000. (II) $30,001 to $48,000. (III) $48,001 to $75,000. (IV) $75,001 to $110,000. (V) Over $110,000. (D) Financial aid (i) The average annual amount of a Federal Pell Grant awarded to an undergraduate student enrolled at such institution who receives a Federal Pell Grant. (ii) The average annual amount of Federal student loans provided through such institution to an undergraduate borrower enrolled at such institution. (iii) The average annual grant amount (including Federal, State, and institutional aid) awarded to an undergraduate student enrolled at the institution who receives financial aid. (iv) The percentage of undergraduate students enrolled at the institution receiving Federal, State, and institutional grants, student loans, and any other type of student financial assistance known by the institution, provided publicly or through the institution, such as Federal work-study funds. (v) The percentage of students enrolled at the institution receiving Federal Pell Grants. (3) Other data matters (A) Completion data The Commissioner of Education Statistics shall ensure that the information required under paragraph (1)(E) includes information with respect to all students at an institution, including students other than first-time, full-time students, in a manner that the Commissioner considers appropriate. (B) Adjustment of income categories The Secretary may annually adjust the range of each of the income categories described in paragraph (2)(C)(vi) to account for a change in the Consumer Price Index for All Urban Consumers as determined by the Bureau of Labor Statistics if the Secretary determines an adjustment is necessary. (4) Institutional comparison The Secretary shall include on the College Dashboard website a method for users to easily compare the information required under paragraphs (1) and (2) between institutions. (5) Updates (A) Data The Secretary shall update the College Dashboard website not less than annually. (B) Technology and format The Secretary shall regularly assess the format and technology of the College Dashboard website and make any changes or updates that the Secretary considers appropriate. (6) Consumer testing In developing and maintaining the College Dashboard website, the Secretary shall conduct consumer testing with appropriate persons, including current and prospective college students, family members of such students, institutions of higher education, and experts, to ensure that the College Dashboard website is usable and easily understandable. (7) Provision of appropriate links to prospective students after submission of FAFSA The Secretary shall provide to each student that submits a Free Application for Federal Student Aid described in section 483 a link to the webpage of the College Dashboard website that contains the information required under paragraph (1) for each institution of higher education such student includes on such Application. (8) Interagency coordination The Secretary, in consultation with each appropriate head of a department or agency of the Federal Government, shall ensure to the greatest extent practicable that any information related to higher education that is published by such department or agency is consistent with the information published on the College Dashboard website. (9) References to College Navigator website Any reference in this Act to the College Navigator website shall be considered a reference to the College Dashboard website. . (b) Conforming amendments The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), as amended by subsection (a) of this section, is further amended— (1) in section 131(h) ( 20 U.S.C. 1015(h) ), by striking College Navigator and inserting College Dashboard ; and (2) in section 132(a) ( 20 U.S.C. 1015a(a) ), by striking paragraph (1) and inserting the following new paragraph: (1) College Dashboard website The term College Dashboard website means the College Dashboard website required under subsection (d). . (c) Development The Secretary of Education shall develop and publish the College Dashboard website required under section 132 of the Higher Education Act of 1965 ( 20 U.S.C. 1015a ), as amended by subsections (a) and (b) of this section, not later than one year after the date of the enactment of this Act. (d) College Navigator website maintenance The Secretary shall maintain the College Navigator website required under section 132 of the Higher Education Act of 1965 ( 20 U.S.C. 1015a ), as in effect the day before the date of the enactment of this Act, in the manner required under the Higher Education Act of 1965, as in effect on such day, until the College Dashboard website referred to in subsection (c) is complete and publicly available on the Internet.
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113-hr-4984
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I 113th CONGRESS 2d Session H. R. 4984 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Guthrie (for himself, Mr. Hudson , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the loan counseling requirements under the Higher Education Act of 1965, and for other purposes.
1. Short title This Act may be cited as the Empowering Students Through Enhanced Financial Counseling Act . 2. Annual counseling Section 485(l) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l) ) is amended— (1) in the subsection heading, by striking Entrance and inserting Annual ; (2) in paragraph (1)— (A) in the paragraph heading, by striking disbursement and inserting acceptance ; (B) in subparagraph (A)— (i) in the matter preceding clause (i)— (I) by striking at or prior to and inserting prior to or in conjunction with ; and (II) by striking a disbursement to a first-time borrower of a loan made, insured, or guaranteed under part B (other than a loan made pursuant to section 428C or a loan made on behalf of a student pursuant to section 428B) or and inserting acceptance (in a manner described in subparagraph (A), (B), or (C) of paragraph (4)) by a borrower of a loan ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I)— (aa) by striking may and inserting shall ; and (bb) by inserting , for each award year for which the borrower receives a loan made under part D after provided ; (II) in subclause (I), by striking an entrance counseling session conduction in person and inserting a counseling session conducted in person ; (III) by striking subclause (II); (IV) by redesignating subclause (III) as subclause (II); (V) in subclause (II), as so redesignated, by striking the period at the end and inserting ; or ; and (VI) by adding at the end the following: (III) through the use of the online counseling tool described in subsection (o)(1)(B). ; and (C) in subparagraph (B)— (i) by striking The Secretary and inserting In the case of institutions not using the online counseling tool described in subsection (o)(1)(B), the Secretary ; (ii) by striking encourage institutions and inserting require such institutions ; (iii) by inserting , during an annual counseling session that is in-person or online, after the use ; and (iv) by striking B or ; (3) in paragraph (2)— (A) by redesignating subparagraphs (C) through (G) and subparagraphs (H) through (K), as subparagraphs (H) through (L), respectively, and subparagraphs (N) through (Q), respectively; and (B) by inserting after subparagraph (B), the following: (C) An explanation that the borrower is not required to accept the full amount of the loan offered to the borrower. (D) An explanation that the borrower should consider accepting any grant, scholarship, or State or Federal work-study jobs for which the borrower is eligible prior to accepting Federal student loans. (E) A recommendation to the borrower to exhaust the borrower’s Federal student loan options prior to taking out private loans and a warning that private loans may not offer the same benefits and repayment options as Federal student loans. (F) An explanation of the approved educational expenses for which the borrower may use a loan made under part D. (G) Information on the annual and aggregate loan limits for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans. ; (C) in subparagraph (I), as so redesignated— (i) by striking a loan made under section 428B or 428H, ; and (ii) by striking , or a and inserting or a ; (D) in subparagraph (L), as so redesignated— (i) in the matter preceding clause (i), by striking Sample and inserting For a first-time borrower, sample ; (ii) in clause (i)(I), by striking loans under section 428 or 428H and inserting Federal Direct Stafford Loans or Federal Direct Unsubsidized Stafford Loans ; and (iii) in clause (i)(II), by striking loans under section 428, 428B, or 428H and inserting Federal Direct PLUS Loans or Federal Direct Unsubsidized Stafford Loans ; (E) by inserting after subparagraph (L), as so redesignated and amended, the following: (M) For a borrower with an outstanding balance of principal or interest due on a loan made under this title— (i) a statement of the amount of such outstanding balance; (ii) based on such outstanding balance, the anticipated monthly payment amount under each repayment plan that may be available to the borrower; and (iii) based on such outstanding balance plus the anticipated outstanding balance on the loan for which the student is receiving counseling under this subsection and on any other Federal student loans that the borrower may accept during the borrower’s course of study for which the borrower enrolled at the institution, an estimate of the projected monthly payment amount under each such repayment plan. ; and (F) in subparagraph (Q), as so redesignated— (i) by striking name of and ; and (ii) by striking individual and inserting institution’s financial aid office or other appropriate office at the institution ; and (4) by adding at the end the following: (3) Annual loan acceptance Prior to making the first disbursement of a loan made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student) to a borrower for an award year, an eligible institution, shall, as part of carrying out the counseling requirements of this subsection for the loan, ensure that the borrower accepts the loan for such award year by— (A) signing the master promissory note for the loan; (B) signing and returning to the institution a separate written statement that affirmatively states that the borrower accepts the loan; or (C) electronically signing an electronic version of the statement described in subparagraph (B). . 3. Exit Counseling Section 485(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(b) ) is amended— (1) in paragraph (1)(A)— (A) in the matter preceding clause (i)— (i) by striking through financial aid offices or otherwise and inserting through the use of an interactive program, during an exit counseling session that is in-person or online, or through the use of the online counseling tool described in subsection (o)(1)(A) ; (ii) by redesignating clauses (i) through (ix) as clauses (iv) through (xii), respectively; (iii) by inserting before clause (iv), as so redesignated, the following: (i) a summary of the outstanding balance of principal and interest due on the loans made to the borrower under part B, D, or E; (ii) an explanation of the grace period preceding repayment and the expected date that the borrower will enter repayment; (iii) an explanation that the borrower has the option to pay any interest that has accrued while the borrower was in school or that may accrue during the grace period preceding repayment or during an authorized period of deferment or forbearance, prior to the capitalization of the interest; ; (iv) in clause (iv), as so redesignated, by striking sample information showing the average and inserting information, based on the borrower’s outstanding balance described in clause (i), showing the borrower’s ; (v) in clause (x), as so redesignated, by striking consolidation loan under section 428C or a ; and (vi) by adding at the end the following: (xiii) for each of the borrower’s loans made under part B, D, or E for which the borrower is receiving counseling under this subsection, the contact information for the loan servicer of the loan and a link to such servicer’s Website. ; (2) in paragraph (1)(B)— (A) by inserting online or before in writing ; and (B) by adding before the period at the end the following: , except that in the case of an institution using the online counseling tool described in subsection (o)(1)(A), the Secretary shall attempt to provide such information to the student in the manner described in subsection (o)(3)(C) ; and (3) in paragraph (2)(C), by inserting , such as the online counseling tool described in subsection (o)(1)(A), after electronic means . 4. Annual counseling for Federal Pell Grant recipients Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended by adding at the end the following: (n) Annual counseling for Federal Pell Grant recipients (1) Disclosure required prior to disbursement of Federal Pell Grant (A) In general Each eligible institution shall, prior to the first payment of a Federal Pell Grant to a student for an award year, ensure that the student receives comprehensive information on the terms and conditions of the Federal Pell Grant in accordance with paragraph (2). Such information— (i) shall be provided in a simple and understandable manner; and (ii) shall be provided, for each award year for which the student receives a Federal Pell Grant— (I) during a counseling session conducted in person; (II) online, with the student acknowledging receipt of the information; or (III) through the use of the online counseling tool described in subsection (o)(1)(C). (B) Use of interactive programs; joint counseling permitted In the case of institutions not using the online counseling tool described in subsection (o)(1)(C)— (i) the Secretary shall require such institutions to carry out the requirements of subparagraph (A) through the use, during an annual counseling session that is in-person or online, of interactive programs that test the student’s understanding of the terms and conditions of the Federal Pell Grant paid to the student, using simple and understandable language and clear formatting; and (ii) an annual counseling session described in subclause (I) or (II) of subparagraph (A)(ii) for a student may be conducted in conjunction with an annual counseling session described in subclause (I) or (II) of subsection (l)(1)(A)(ii) for such student. (2) Information to be provided The information to be provided to the student under paragraph (1)(A) shall include the following: (A) An explanation of a Federal Pell Grant. (B) An explanation of approved educational expenses for which the student may use a Federal Pell Grant. (C) An explanation of why a student may have to repay the Federal Pell Grant. (D) An explanation of the maximum number of semesters or equivalent for which the student may be eligible to receive a Federal Pell Grant, and a statement of the amount of time remaining for which the student may be eligible to receive a Federal Pell Grant. (E) An explanation of how the student may budget for typical educational expenses and a sample budget based on the cost of attendance for the institution. (F) An explanation of how the student may seek additional financial assistance from the institution’s financial aid office due to a change in the student’s financial circumstances, and the contact information for such office. . 5. Online counseling tools Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is further amended by adding at the end the following: (o) Online counseling tools (1) In general Beginning not later than 1 year after the date of enactment of the Empowering Students Through Enhanced Financial Counseling Act , the Secretary shall maintain— (A) an online counseling tool that provides the exit counseling required under subsection (b) and meets the applicable requirements of this subsection; (B) an online counseling tool that provides the annual counseling required under subsection (l) and meets the applicable requirements of this subsection; and (C) an online counseling tool that provides the Federal Pell Grant counseling required under subsection (n) and meets the applicable requirements of this subsection. (2) Requirements of tools In maintaining the online counseling tools described in paragraph (1), the Secretary shall ensure— (A) in the case of the online counseling tools described in subparagraphs (A) and (B) of paragraph (1), each such tool is consumer tested to ensure that the tool is effective in helping students understand their rights and obligations with respect to borrowing a loan made under part D; (B) in the case of the online tool described in paragraph (1)(C), the tool is consumer tested to ensure that such tool is effective in helping students understand their rights and obligations with respect to receiving a Federal Pell Grant; and (C) each such tool is understandable to students and freely available to all eligible institutions. (3) Record of counseling completion The Secretary shall— (A) use each online counseling tool described in paragraph (1) to keep a record of which students have received counseling using the tool, and notify the applicable institutions of the students’ completion of such counseling; (B) in the case of a student who receives annual counseling using the tool described in paragraph (1)(B), notify the student by when the student should accept, in a manner described in section 485(l)(3), the loan for which the student has received such counseling; and (C) in the case of a student described in subsection (b)(1)(B) at an institution that uses the online counseling tool described in paragraph (1)(A) of this subsection, the Secretary shall attempt to provide the information described in subsection (b)(1)(A) to the student through such tool. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4984ih/xml/BILLS-113hr4984ih.xml
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113-hr-4985
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I 113th CONGRESS 2d Session H. R. 4985 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Van Hollen (for himself, Mr. Levin , Mr. Becerra , Mr. Danny K. Davis of Illinois , Mr. Rangel , Mr. McDermott , Ms. Schwartz , Mr. Blumenauer , Mr. Doggett , Mr. Langevin , Ms. DeLauro , Ms. Slaughter , Mr. George Miller of California , Ms. Shea-Porter , Mr. Cartwright , Ms. Schakowsky , Mr. Huffman , Mr. DeFazio , Ms. Roybal-Allard , Mr. Michaud , Mr. Garamendi , Ms. Duckworth , Ms. Esty , Mr. Lowenthal , Mr. Cárdenas , Mr. Heck of Washington , Mr. Rush , Ms. Matsui , Mr. Pocan , Mr. Nolan , Mr. Sires , Ms. Velázquez , Mr. Serrano , Mrs. Carolyn B. Maloney of New York , Mr. Connolly , Mr. Welch , Ms. Edwards , Mr. Courtney , Mrs. Negrete McLeod , Mr. Horsford , Mr. Vargas , Ms. Norton , Ms. Clark of Massachusetts , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify the rules relating to inverted corporations and to transfer the resulting revenues to the Highway Trust Fund.
1. Short title This Act may be cited as the Stop Corporate Expatriation and Invest in America’s Infrastructure Act of 2014 . 2. Modifications to rules relating to inverted corporations (a) In general Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: (b) Inverted corporations treated as domestic corporations (1) In general Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— (A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent for 60 percent , or (B) such corporation is an inverted domestic corporation. (2) Inverted domestic corporation For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation, or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. (3) Exception for corporations with substantial business activities in foreign country of organization A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities shall have the meaning given such term under regulations in effect on May 8, 2014, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. (4) Management and control For purposes of paragraph (2)(B)(ii)— (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (B) Executive officers and senior management Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. (5) Significant domestic business activities For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (A) the employees of the group are based in the United States, (B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, (C) the assets of the group are located in the United States, or (D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the United States . The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph. . (b) Conforming amendments (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, and inserting after March 4, 2003, and before May 9, 2014, . (2) Subsection (c) of section 7874 of such Code is amended— (A) in paragraph (2)— (i) by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i) , and (ii) by inserting or (b)(2)(A) after (a)(2)(B)(i) in subparagraph (B), (B) in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, after (a)(2)(B)(ii) , (C) in paragraph (5), by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i) , and (D) in paragraph (6), by inserting or inverted domestic corporation, as the case may be, after surrogate foreign corporation . (c) Effective date The amendments made by this section shall apply to taxable years ending after May 8, 2014. 3. Transfers to Highway Trust Fund (a) In general Section 9503(f) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: (5) Additional appropriations to Trust Fund Out of money in the Treasury not otherwise appropriated, there is hereby appropriated— (A) $15,566,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund, and (B) $3,891,000,000 to the Mass Transit Account in the Highway Trust Fund. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4985ih/xml/BILLS-113hr4985ih.xml
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113-hr-4986
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I 113th CONGRESS 2d Session H. R. 4986 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend certain banking statutes in response to Operation Choke Point.
1. Short title This Act may be cited as the End Operation Choke Point Act of 2014 . 2. Business access to insured depository institutions (a) In general The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) is amended by adding at the end the following new section: 51. Business access to insured depository institutions (a) In general The Federal banking agencies may not prohibit or otherwise restrict or discourage an insured depository institution from providing any product or service to an entity that demonstrates to the insured depository institution that such entity— (1) is licensed and authorized to offer such product or service; (2) is registered as a money transmitting business under section 5330 of title 31, United States Code, or regulations promulgated under such section; or (3) has a reasoned legal opinion that demonstrates the legality of the entity’s business under applicable law. (b) Rule of Construction Nothing in this section shall be construed to— (1) require an insured depository institution— (A) to provide any product or service to any particular entity; (B) to regularly review the status of any license of an entity; or (C) to determine the validity or veracity of any reasoned legal opinion obtained under subsection (a)(3); or (2) imply or require that an insured depository institution may only provide products or services to an entity that has met any of the requirements of paragraphs (1) through (3) of subsection (a). (c) Limitation on rulemaking The Federal banking agencies may not issue any guidance under subsection (a). Any rule implementing subsection (a) shall be promulgated in accordance with section 553 of title 5, United States Code. (d) Reasoned legal opinion defined For purposes of this section, the term reasoned legal opinion — (1) means a written legal opinion by a State-licensed attorney that addresses the facts of a particular business and the legality of the business’s provision of products or services to customers in the relevant jurisdictions under applicable Federal and State law, tribal ordinances, tribal resolutions, and tribal-State compacts; and (2) does not include a written legal opinion that recites the facts of a particular business and states a conclusion. . 3. Business access to Federal credit unions Title I of the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) is amended by adding at the end the following new section: 132. Business access to insured credit unions (a) In general The Board may not prohibit or otherwise restrict or discourage an insured credit union from providing any product or service to an entity that demonstrates to the insured credit union that such entity— (1) is licensed and authorized to offer such product or service; (2) is registered as a money transmitting business under section 5330 of title 31, United States Code, or regulations promulgated under such section; and (3) has a reasoned legal opinion that demonstrates the legality of the entity’s business under applicable law. (b) Rule of construction Nothing in this section shall be construed to— (1) require an insured credit union— (A) to provide any products or services to any entity; (B) to regularly review the status of any license of an entity; or (C) to determine the validity or veracity of any reasoned legal opinion obtained under subsection (a)(3); or (2) imply or require that an insured credit union may only provide products or services to an entity that has met any of the requirements of paragraphs (1) through (3) of subsection (a). (c) Limitation on rulemaking The Board may not issue any guidance under subsection (a). Any rule implementing subsection (a) shall be promulgated in accordance with section 553 of title 5, United States Code. (d) Reasoned legal opinion defined For purposes of this section, the term reasoned legal opinion — (1) means a written legal opinion by a State-licensed attorney that addresses the facts of a particular business and the legality of the business’s provision of products or services to customers in the relevant jurisdictions under applicable Federal and State law, tribal ordinances, tribal resolutions, and tribal-State compacts; and (2) does not include a written legal opinion that recites the facts of a particular business and states a conclusion. . 4. Amendments to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended— (1) in subsection (c)(2), by inserting and where such violation or conspiracy to violate is in connection with a violation or conspiracy to violate a section described under paragraph (1) after financial institution ; and (2) in subsection (g)— (A) in the header, by striking subpoenas and inserting investigations ; (B) in paragraph (1), by amending subparagraph (C) to read as follows: (C) request a court order from a court of competent jurisdiction, to summon witnesses and to require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry, and which shall be issued only if the Attorney General offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material to an ongoing civil proceeding under this section. ; (C) by amending paragraph (2) to read as follows: (2) Annual report to Congress on FIRREA court orders The Attorney General shall submit a report before January 31 of each year, beginning the first January following the date of enactment of this Act, to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, which shall include a detailed description of— (A) the number of court orders sought by the Attorney General and the number of orders issued; (B) the recipient of the court orders; (C) the number of documents requested and received; (D) the number of witnesses requested to testify and the number who actually testified; and (E) whether a civil enforcement action was filed and the result of any such enforcement action, including settlements that led to the dismissal of charges. ; and (D) by striking paragraph (3). 5. Requiring cooperation to deter the commission of financial fraud Subsection (a) of section 314 of the USA PATRIOT Act ( 31 U.S.C. 5311 note) is amended— (1) in paragraph (1), by inserting , the commission of financial fraud, after terrorist acts ; (2) in paragraph (2)— (A) in subparagraph (B), by striking ; and and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (D) means of facilitating the identification of accounts and transactions involving persons engaged in committing financial fraud, subject to the limitations described in paragraph (5). ; and (3) in paragraph (5), by striking shall not be used and all that follows through the period at the end and inserting the following: shall not— (A) be used for any purpose other than identifying and reporting on activities that may involve terrorist acts, financial fraud, or money laundering; and (B) be construed to require financial institutions to determine or assure compliance of any entity with any Federal, State, or other licensing requirements. . 6. Liability for disclosures in reporting suspicious transactions Paragraph (3) of section 5318(g) of title 31, United States Code, is amended— (1) in subparagraph (A), by inserting , for any underlying activity that is the subject of the disclosure, after for such disclosure ; and (2) in subparagraph (B)(ii), by striking civil or before criminal . 7. Financial Crimes Enforcement Network Data Accountability Metrics Section 310 of title 31, United States Code, is amended— (1) in subsection (b)(2)(C)— (A) in clause (vi), by striking ; and and inserting a semicolon; (B) in clause (vii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (viii) generate feedback and report on the utility of the data access service described in subparagraph (B) and the information collected by the service to improve cooperation among data providers and users while reducing regulatory burden and preserving payment system efficiency. ; (2) in subsection (c)— (A) in paragraph (1)(C), by striking ; and and inserting a semicolon; (B) in paragraph (2)(C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) for appropriate metrics to monitor, track, assess, and report on access to information contained in the data maintenance system maintained by FinCEN for— (A) identifying, tracking, and measuring how such information is used and the law enforcement results obtained as a consequence of that use; and (B) assuring accountability by law enforcement agencies for the utility, security, and privacy of such information while reducing unnecessary regulatory burdens. .
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113-hr-4987
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I 113th CONGRESS 2d Session H. R. 4987 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Smith of New Jersey (for himself, Mr. McGovern , and Mr. Wolf ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Torture Victims Relief Act of 1998 to authorize appropriations to provide assistance for domestic and foreign programs and centers for the treatment of victims of torture, and for other purposes.
1. Short title This Act may be cited as the Torture Victims Relief Reauthorization Act of 2014 . 2. Authorization of appropriations for domestic treatment centers for victims of torture Section 5(b)(1) of the Torture Victims Relief Act of 1998 ( 22 U.S.C. 2152 note) is amended to read as follows: (1) Authorization of appropriations Of the amounts authorized to be appropriated for the Department of Health and Human Services for fiscal years 2015 and 2016, there are authorized to be appropriated to carry out subsection (a) $25,000,000 for each of the fiscal years 2015 and 2016. . 3. Authorization of appropriations for foreign treatment centers for victims of torture Section 4(b)(1) of the Torture Victims Relief Act of 1998 ( 22 U.S.C. 2152 note) is amended to read as follows: (1) Authorization of appropriations Of the amounts authorized to be appropriated for fiscal years 2015 and 2016 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the President to carry out section 130 of such Act $12,000,000 for each of the fiscal years 2015 and 2016. . 4. Specialized training for Foreign Service officers Section 7 of the Torture Victims Relief Act of 1998 ( 22 U.S.C. 2152 note) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by inserting through the Foreign Service Institute after foreign service officers ; and (2) by adding at the end the following new subsection: (c) Report The Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report on the implementation of subsection (a) for the preceding year, including a description of training on victims of torture for foreign service officers and the number of foreign service officers trained. . 5. Report on victims of torture who enter the United States The Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report on the percentage and number of identified victims of torture who are approved to enter the United States as refugees and their initial placement in the United States. 6. Guidance and support for indigenous foreign treatment centers and programs for victims of torture (a) In general The Administrator of the United States Agency for International Development shall provide guidance and support for indigenous foreign treatment centers and programs for victims of torture in order to increase the capacity of such centers and programs and to train other local health care providers, including hospitals, clinics and other health treatment facilities. (b) Authorization of appropriations Of the amounts authorized to be appropriated for fiscal years 2015 and 2016 to carry out section 130 of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the Administrator such sums as may be necessary to carry out subsection (a) for each of the fiscal years 2015 and 2016.
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113-hr-4988
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I 113th CONGRESS 2d Session H. R. 4988 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Southerland (for himself and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Act popularly known as the Antiquities Act of 1906 to provide for congressional approval of national monuments and restrictions on the use of national monuments, to establish requirements for declaration of marine national monuments, and for other purposes.
1. Short title This Act may be cited as the Marine Access and State Transparency or the MAST Act . 2. Designation of national monuments The Act of June 8, 1906 ( 16 U.S.C. 431 et seq. ), popularly known as the Antiquities Act of 1906 , is amended— (1) in section 2 ( 16 U.S.C. 431 )— (A) by striking Sec. 2. That the and inserting the following: 2. Designation of national monuments (a) In general After obtaining congressional approval of the proposed national monument and certifying compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the proposed national monument, the ; and (B) in subsection (a) (as designated by the amendment made by paragraph (1)), by inserting subject to subsection (b), after is hereby authorized, ; and (C) by adding at the end the following: (b) Requirements for declaration of marine national monuments (1) Requirements The President may not declare any area of the exclusive economic zone to be a national monument unless— (A) such declaration is specifically authorized by an Act of Congress; (B) the President has submitted a proposal to make such declaration to the Governor of each State, and of each territory, any part of which is located within 100 nautical miles of that area; (C) each such Governor submits to the President notice that the legislature of that State or territory has approved the proposal; and (D) the declaration is substantially the same as the proposal. (2) Exclusive economic zone defined In this subsection the term exclusive economic zone means the zone established by Proclamation Numbered 5030, dated March 10, 1983. ; and (2) by adding at the end the following: 5. Restrictions on public use The Secretary of the Interior, and the Secretary of Commerce with respect to any area of the exclusive economic zone (as defined in section 2(b)) designated as a national monument, shall not implement any restrictions on the public use of a national monument until the expiration of an appropriate review period (as determined by such Secretary) providing for public input and congressional approval. .
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113-hr-4989
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I 113th CONGRESS 2d Session H. R. 4989 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mrs. Bachmann (for herself, Ms. Bass , Mr. McDermott , and Mr. Marino ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit Federal funding of any treatment or research in which a ward of the State is subjected to greater than minimal risk to the individual’s health with no or minimal prospect of direct benefit.
1. Short title This Act may be cited as Justina’s Law . 2. Prohibition against funding for treatment or research in which a ward of the State is subjected to greater than minimal risk with no or minimal prospect of direct benefit No Federal funds may be used to conduct or support treatment or research in which a patient or subject is— (1) a ward of the State; and (2) subjected to greater than minimal risk to the patient or subject’s health with no or minimal prospect of direct benefit.
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113-hr-4990
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I 113th CONGRESS 2d Session H. R. 4990 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. Jackson Lee (for herself, Mr. Conyers , Mr. Nadler , Mr. Hinojosa , Mr. Thompson of Mississippi , Mr. Vela , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the appointment of additional immigration judges.
1. Short title This Act may be cited as the Justice for Children Now Act of 2014 . 2. Additional immigration judges (a) In general The Attorney General may appoint 70 additional immigration judges in addition to immigration judges currently serving as of the date of enactment of this Act. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section.
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113-hr-4991
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I 113th CONGRESS 2d Session H. R. 4991 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Bishop of Georgia (for himself, Mr. Austin Scott of Georgia , Mr. Johnson of Georgia , and Mr. David Scott of Georgia ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To redesignate Ocmulgee National Monument in the State of Georgia and revise its boundary, and for other purposes.
1. Short title This Act may be cited as the Ocmulgee Mounds National Historical Park Boundary Revision Act of 2014 . 2. Definitions In this Act: (1) Map The term map means the map entitled ___, numbered ___, and dated __, __. (2) Historical park The term Historical Park means the Ocmulgee Mounds National Historical Park in the State of Georgia, as redesignated in section 3. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Ocmulgee Mounds National Historical Park (a) Redesignation Ocmulgee National Monument, established pursuant to the Act of June 14, 1934 (48 Stat. 958), shall be known and designated as Ocmulgee Mounds National Historical Park . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to Ocmulgee National Monument , other than in this Act, shall be deemed to be a reference to Ocmulgee Mounds National Historical Park . 4. Boundary adjustment (a) In general The boundary of the Historical Park is revised to include approximately 2,100 acres, as generally depicted on the map. (b) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service, the Department of the Interior. 5. Land acquisition The Secretary may acquire land or interests in land within the boundary of the Historical Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange. 6. Administration The Secretary shall administer any land acquired under section 4 as part of the Historical Park in accordance with applicable laws and regulations. 7. Ocmulgee River corridor special resource study (a) In general The Secretary shall conduct a special resource study of the Ocmulgee River corridor between the cities of Macon, Georgia, and Hawkinsville, Georgia, to determine— (1) the national significance of the study area; (2) the suitability and feasibility of adding lands in the study area to the National Park System; and (3) the methods and means for the protection and interpretation of the study area by the National Park Service, other Federal, State, or local government entities, or private or nonprofit organizations. (b) Criteria The Secretary shall conduct the study authorized by this Act in accordance with section 8 of Public Law 91–383 ( 16 U.S.C. 1a–5 ; commonly known as the National Park System General Authorities Act ). (c) Report Not later than 3 years after the date on which funds are made available to carry out this section, 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 a report containing— (1) the results of the study; and (2) any findings, conclusions, and recommendations of the Secretary.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4991ih/xml/BILLS-113hr4991ih.xml
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113-hr-4992
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I 113th CONGRESS 2d Session H. R. 4992 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mrs. Bustos (for herself, Mr. Braley of Iowa , Ms. Duckworth , and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Secretary of Transportation to conduct a study on the adequacy of motor vehicle refueling assistance to individuals with disabilities, to promulgate regulations in accordance with the results of such study, and for other purposes.
1. Short title This Act may be cited as the Refueling Assistance Act of 2014 . 2. Study on motor vehicle refueling assistance for qualified individuals with disabilities (a) In General Not later than one year after the date of the enactment of this Act, the Secretary of Transportation (in this Act referred to as the Secretary ), in consultation with the Attorney General, shall conduct a study on motor vehicle refueling assistance to qualified individuals with disabilities. (b) Subject matter The study required by subsection (a) shall address the following: (1) The adequacy of Federal regulations and guidance in effect at the time the study is conducted to enable qualified individuals with disabilities to receive motor vehicle refueling assistance in a safe, timely, convenient, and consistent manner. (2) Data on the practices of gas stations for providing motor vehicle refueling assistance to qualified individuals with disabilities. (3) Measures available to gas stations to improve motor vehicle refueling assistance for qualified individuals with disabilities, including an assessment of the cost and feasibility of implementing such measures, taking into account variations in the equipment and technology used by gas stations at the time of the study. (4) The extent to which the location of gas stations in rural or urban areas affects the measures available to such gas stations to improve motor vehicle refueling assistance for qualified individuals with disabilities. (5) The feasibility of requiring gas stations to install a freestanding device operable with a closed fist and reachable from inside a motor vehicle (referred to in this subsection as a calling device ) to be used by a qualified individual with a disability to alert a station attendant that such individual requires motor vehicle refueling assistance, including an assessment of— (A) the extent to which the installation of a calling device would improve the ability of qualified individuals with disabilities to receive motor vehicle refueling assistance in a safe, timely, convenient, and consistent manner; (B) the measures necessary to ensure that a calling device be designed and installed in accordance with all accessibility guidelines for public accommodations under title III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 et seq. ); (C) the need for appropriate signage at gas stations— (i) that clearly identifies the purpose of a calling device and the hours during which motor vehicle refueling assistance is available through use of the device; and (ii) that is clearly visible to a qualified individual with a disability inside a motor vehicle in the refueling area of a gas station; (D) the cost to a gas station to install and maintain a calling device and the burden of such cost on small and large gas stations; and (E) funding opportunities to offset the cost of installing calling devices, including grant programs and new or existing tax credits. (6) Methods of disseminating information relating to the availability of motor vehicle refueling assistance in consultation with State officials, including the use of Internet-based and smart phone technology to allow individuals to search by location for gas stations with operable calling devices. (c) Consultation with interested parties In conducting the study required by subsection (a), the Secretary shall consult with groups representing individuals with disabilities, groups representing veterans, gas station owners, and other interested parties. 3. Report to Congress Not later than 90 days after completing the study required by section 2(a), the Secretary, in consultation with the Attorney General, shall submit to Congress a report that— (1) summarizes the results of the study; and (2) includes recommendations for imposing feasible and cost-effective requirements on gas stations to improve motor vehicle refueling assistance for qualified individuals with disabilities. 4. Regulations Not later than 180 days after submitting the report required by section 3, the Secretary, in consultation with the Attorney General, shall promulgate any regulations that the Secretary considers necessary to improve motor vehicle refueling assistance for qualified individuals with disabilities, taking into account the results of the study required by section 2(a). 5. Enforcement (a) Civil penalty (1) In General Except as provided in subsection (b), the Secretary may impose a civil penalty on a person that the Secretary determines, in accordance with subchapter II of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act ), knowingly violates the regulations promulgated pursuant to section 4. (2) Determination of amount of penalty In determining the amount of the penalty to be imposed on a person under paragraph (1), the Secretary shall consider the severity of the violation, the size of the relevant business owned or operated by the person, and the extent to which the penalty will affect the financial viability of such business. (b) Notice of violation The Secretary may not impose a penalty on a person for violating the regulations promulgated pursuant to section 4 unless such violation continues for more than 30 days after the date on which the individual receives notice of the violation. 6. Qualified individual with a disability defined In this Act, the term qualified individual with a disability has the meaning given the term in section 201(2) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 ).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4992ih/xml/BILLS-113hr4992ih.xml
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113-hr-4993
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I 113th CONGRESS 2d Session H. R. 4993 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Butterfield (for himself, Mr. Waxman , Mr. Tonko , and Mr. Dingell ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Transportation and Infrastructure and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To clarify the effect of State statutes of repose on the required commencement date for actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
1. Actions under State law for damages from exposure to hazardous substances Section 309 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9658 ) is amended— (1) in the subsection heading of subsection (a), by inserting and Repose after Statutes of Limitations ; and (2) by inserting or repose after limitations each of the other places it appears.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4993ih/xml/BILLS-113hr4993ih.xml
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113-hr-4994
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I 113th CONGRESS 2d Session H. R. 4994 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Camp (for himself, Mr. Levin , Mr. Brady of Texas , Mr. McDermott , Mr. Blumenauer , Mr. Kind , Mr. Tiberi , and Mrs. Black ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for standardized post-acute care assessment data for quality, payment, and discharge planning, and for other purposes.
1. Short title This Act may be cited as the Improving Medicare Post-Acute Care Transformation Act of 2014 or the IMPACT Act of 2014 . 2. Standardization of post-acute care data (a) In general Title XVIII of the Social Security Act is amended by adding at the end the following new section: 1899B. Standardized Post-Acute Care (PAC) assessment data for quality, payment, and discharge planning (a) Requirement for standardized assessment data (1) In general The Secretary shall— (A) require under the applicable reporting provisions post-acute care providers (as defined in paragraph (2)(A)) to report— (i) standardized patient assessment data in accordance with subsection (b); (ii) data on quality measures under subsection (c)(1); and (iii) data on resource use and other measures under subsection (d)(1); (B) require data described in subparagraph (A) to be standardized and interoperable so as to allow for the exchange of such data among such post-acute care providers and other providers and the use by such providers of such data that has been so exchanged, including by using common standards and definitions, in order to provide access to longitudinal information for such providers to facilitate coordinated care and improved Medicare beneficiary outcomes; and (C) in accordance with subsections (b)(1) and (c)(2), modify PAC assessment instruments (as defined in paragraph (2)(B)) applicable to post-acute care providers to— (i) provide for the submission of standardized patient assessment data under this title with respect to such providers; and (ii) enable comparison of such assessment data across all such providers to whom such data are applicable. (2) Definitions For purposes of this section: (A) Post-acute care (PAC) provider The terms post-acute care provider and PAC provider mean— (i) a home health agency; (ii) a skilled nursing facility; (iii) an inpatient rehabilitation facility; and (iv) a long-term care hospital (other than a hospital classified under section 1886(d)(1)(B)(iv)(II)). (B) PAC assessment instrument The term PAC assessment instrument means— (i) in the case of home health agencies, the instrument used for purposes of reporting and assessment with respect to the Outcome and Assessment Information Set (OASIS), as described in sections 484.55 and 484.250 of title 42, the Code of Federal Regulations, or any successor regulation, or any other instrument used with respect to home health agencies for such purposes; (ii) in the case of skilled nursing facilities, the resident’s assessment under section 1819(b)(3); (iii) in the case of inpatient rehabilitation facilities, any Medicare beneficiary assessment instrument established by the Secretary for purposes of section 1886(j); and (iv) in the case of long-term care hospitals, the Medicare beneficiary assessment instrument used with respect to such hospitals for the collection of data elements necessary to calculate quality measures as described in the August 18, 2011, Federal Register (76 Fed. Reg. 51754–51755), including for purposes of section 1886(m)(5)(C), or any other instrument used with respect to such hospitals for such purposes. (C) Applicable reporting provision The term applicable reporting provision means— (i) for home health agencies, section 1895(b)(3)(B)(v); (ii) for skilled nursing facilities, section 1888(e)(6); (iii) for inpatient rehabilitation facilities, section 1886(j)(7); and (iv) for long-term care hospitals, section 1886(m)(5). (D) PAC payment system The term PAC payment system means— (i) with respect to a home health agency, the prospective payment system under section 1895; (ii) with respect to a skilled nursing facility, the prospective payment system under section 1888(e); (iii) with respect to an inpatient rehabilitation facility, the prospective payment system under section 1886(j); and (iv) with respect to a long-term care hospital, the prospective payment system under section 1886(m). (E) Specified application date The term specified application date means the following: (i) Quality measures In the case of quality measures under subsection (c)(1)— (I) with respect to the domain described in subsection (c)(1)(A) (relating to functional status, cognitive function, and changes in function and cognitive function)— (aa) for PAC providers described in clauses (ii) and (iii) of paragraph (2)(A), October 1, 2016; (bb) for PAC providers described in clause (iv) of such paragraph, October 1, 2018; and (cc) for PAC providers described in clause (i) of such paragraph, January 1, 2019; (II) with respect to the domain described in subsection (c)(1)(B) (relating to skin integrity and changes in skin integrity)— (aa) for PAC providers described in clauses (ii), (iii), and (iv) of paragraph (2)(A), October 1, 2016; and (bb) for PAC providers described in clause (i) of such paragraph, January 1, 2017; (III) with respect to the domain described in subsection (c)(1)(C) (relating to medication reconciliation)— (aa) for PAC providers described in clause (i) of such paragraph, January 1, 2017; and (bb) for PAC providers described in clauses (ii), (iii), and (iv) of such paragraph, October 1, 2018; (IV) with respect to the domain described in subsection (c)(1)(D) (relating to incidence of major falls)— (aa) for PAC providers described in clauses (ii), (iii), and (iv) of paragraph (2)(A), October 1, 2016; and (bb) for PAC providers described in clause (i) of such paragraph, January 1, 2019; and (V) with respect to the domain described in subsection (c)(1)(E) (relating to accurately communicating the existence of and providing for the transfer of health information and care preferences)— (aa) for PAC providers described in clauses (ii), (iii), and (iv) of paragraph (2)(A), October 1, 2018; and (bb) for PAC providers described in clause (i) of such paragraph, January 1, 2019. (ii) Resource use and other measures In the case of resource use and other measures under subsection (d)(1)— (I) for PAC providers described in clauses (ii), (iii), and (iv) of paragraph (2)(A), October 1, 2016; and (II) for PAC providers described in clause (i) of such paragraph, January 1, 2017. (F) Medicare beneficiary The term Medicare beneficiary means an individual entitled to benefits under part A or, as appropriate, enrolled for benefits under part B. (b) Standardized patient assessment data (1) Requirement for reporting assessment data (A) In general Beginning not later than October 1, 2018, for PAC providers described in clauses (ii), (iii), and (iv) of subsection (a)(2)(A) and January 1, 2019, for PAC providers described in clause (i) of such subsection, the Secretary shall require PAC providers to submit to the Secretary, under the applicable reporting provisions and through the use of PAC assessment instruments, the standardized patient assessment data described in subparagraph (B). The Secretary shall require such data be submitted with respect to admission and discharge of an individual (and may be submitted more frequently as the Secretary deems appropriate). (B) Standardized patient assessment data described For purposes of subparagraph (A), the standardized patient assessment data described in this subparagraph is data required for at least the quality measures described in subsection (c)(1) and that is with respect to the following categories: (i) Functional status, such as mobility, self care, and history of major falls— (I) in the period immediately prior to the reason for acute hospitalization; or (II) in the case of no antecedent acute hospitalization, in the period prior to the use of post-acute care services. (ii) Cognitive function, such as ability to express ideas and to understand, and mental status, such as depression and dementia. (iii) Special services, treatments, and interventions, such as need for ventilator use, dialysis, chemotherapy, central line placement, and total parenteral nutrition. (iv) Medical conditions and co-morbidities, such as diabetes, congestive heart failure, and pressure ulcers. (v) Impairments, such as incontinence and an impaired ability to hear, see, or swallow. (vi) Other categories deemed necessary and appropriate by the Secretary. (2) Alignment of claims data with standardized patient assessment data To the extent practicable, not later than October 1, 2018, for PAC providers described in clauses (ii), (iii), and (iv) of subsection (a)(2)(A), and January 1, 2019, for PAC providers described in clause (i) of such subsection, the Secretary shall match claims data with assessment data pursuant to this section for purposes of assessing prior service use and concurrent service use, such as antecedent hospital or PAC provider use, and may use such matched data for such other uses as the Secretary determines appropriate. (3) Replacement of certain existing data elements In the case of patient assessment data being used with respect to a PAC assessment instrument that duplicates or overlaps with standardized patient assessment data within a category described in paragraph (1), the Secretary shall, as soon as practicable, revise or replace such existing data with the standardized data. (4) Clarification Standardized patient assessment data submitted pursuant to this subsection shall not be used to require individuals to be provided post-acute care by a specific type of PAC provider in order for such care to be eligible for payment under this title. (c) Quality measures (1) Requirement for reporting quality measures Not later than the specified application date, as applicable to measures and PAC providers, the Secretary shall specify quality measures on which PAC providers are required under the applicable reporting provisions to submit standardized patient assessment data described in subsection (b)(1) and other necessary data specified by the Secretary. Such measures shall be with respect to at least the following domains: (A) Functional status, cognitive function, and changes in function and cognitive function. (B) Skin integrity and changes in skin integrity. (C) Medication reconciliation. (D) Incidence of major falls. (E) Accurately communicating the existence of and providing for the transfer of health information and care preferences of an individual to the individual, family caregiver of the individual, and providers of services furnishing items and services to the individual, when the individual transitions— (i) from a hospital or critical access hospital to another applicable setting, including a PAC provider or the home of the individual; or (ii) from a PAC provider to another applicable setting, including a different PAC provider, a hospital, a critical access hospital, or the home of the individual. (2) Reporting through PAC assessment instruments (A) In general To the extent possible, the Secretary shall require such reporting by a PAC provider of quality measures under paragraph (1) through the use of a PAC assessment instrument and shall modify such PAC assessment instrument as necessary to enable the use of such instrument with respect to such quality measures. (B) Limitation The Secretary may not make significant modifications to a PAC assessment instrument more than once per calendar year or fiscal year, as applicable, unless the Secretary publishes in the Federal Register a justification for such significant modification. (3) Adjustments (A) In general The Secretary shall consider applying adjustments to the quality measures under this subsection taking into consideration the studies under section 2(d) of the IMPACT Act of 2014. (B) Risk adjustment Such quality measures shall be risk adjusted, as determined appropriate by the Secretary. (d) Resource use and other measures (1) Requirement for resource use and other measures Not later than the specified application date, as applicable to measures and PAC providers, the Secretary shall specify resource use and other measures on which PAC providers are required under the applicable reporting provisions to submit any necessary data specified by the Secretary, which may include standardized assessment data in addition to claims data. Such measures shall be with respect to at least the following domains: (A) Resource use measures, including total estimated Medicare spending per beneficiary. (B) Discharge to community. (C) Measures to reflect all-condition risk-adjusted potentially preventable hospital readmission rates. (2) Aligning methodology adjustments (A) Length of episode With respect to the length of an episode, the Secretary shall, to the extent the Secretary determines appropriate, align resource use and other measures specified under this subsection with respect to the domain described in paragraph (1)(A) with the methodology used for purposes of section 1886(o)(2)(B)(ii). (B) Geographic and other adjustments The Secretary shall standardize measures with respect to the domain described in paragraph (1)(A) for geographic payment rate differences and payment differentials (and other adjustments, as applicable) consistent with the methodology published in the Federal Register on August 18, 2011 (76 Fed. Reg. 51624 through 51626), or any subsequent modifications made to the methodology. (C) Medicare spending per beneficiary The Secretary shall adjust, as appropriate, measures with respect to the domain described in paragraph (1)(A) for the factors applied under section 1886(o)(2)(B)(ii). (3) Adjustments (A) In general The Secretary shall consider applying adjustments to the resource use and other measures specified under this subsection with respect to the domain described in paragraph (1)(A), taking into consideration the studies under section 2(d) of the IMPACT Act of 2014. (B) Risk adjustment Such resource use and other measures shall be risk adjusted, as determined appropriate by the Secretary. (e) Measurement implementation phases; Selection of quality measures and resource use and other measures (1) Measurement implementation phases In the case of quality measures specified under subsection (c)(1) and resource use and other measures specified under subsection (d)(1), the provisions of this section shall be implemented in accordance with the following phases: (A) Initial implementation phase The initial implementation phase, with respect to such a measure, shall, in accordance with subsections (c) and (d), as applicable, consist of— (i) measure specification, including informing the public of the measure’s numerator, denominator, exclusions, and any other aspects the Secretary determines necessary; (ii) data collection, including, in the case of quality measures, requiring PAC providers to report data elements needed to calculate such a measure; and (iii) data analysis, including, in the case of resource use and other measures, the use of claims data to calculate such a measure. (B) Second implementation phase The second implementation phase, with respect to such a measure, shall consist of the provision of feedback reports to PAC providers, in accordance with subsection (f). (C) Third implementation phase The third implementation phase, with respect to such a measure, shall consist of public reporting of PAC providers’ performance on such measure in accordance with subsection (g). (2) Consensus-based entity (A) In general Subject to subparagraph (B), each measure specified by the Secretary under this section shall be endorsed by the entity with a contract under section 1890(a). (B) Exception In the case of a specified area or medical topic determined appropriate by the Secretary for which a feasible and practical measure has not been endorsed by the entity with a contract under section 1890(a), the Secretary may specify a measure that is not so endorsed as long as due consideration is given to measures that have been endorsed or adopted by a consensus organization identified by the Secretary. (3) Treatment of application of pre-rulemaking process (measure applications partnership process) (A) In general Subject to subparagraph (B), the provisions of section 1890A shall apply in the case of a quality measure specified under subsection (c) or a resource use or other measure specified under subsection (d). (B) Exceptions (i) Expedited procedures For purposes of satisfying subparagraph (A), the Secretary may use expedited procedures, such as ad-hoc reviews, as necessary, in the case of a quality measure specified under subsection (c) or a resource use or other measure specified in subsection (d) required with respect to data submissions under the applicable reporting provisions before one year after the specified application date applicable to such a measure and provider involved. (ii) Option to waive provisions The Secretary may waive the application of the provisions of section 1890A in the case of a quality measure or resource use or other measure described in clause (i), if the application of such provisions (including through the use of an expedited procedure described in such clause) would result in the inability of the Secretary to satisfy any deadline specified in this section with respect to such measure. (f) Feedback reports to PAC providers (1) In general Beginning one year after the specified application date, as applicable to PAC providers and quality measures and resource use and other measures under this section, the Secretary, including through a process consistent with the process applied under section 1886(b)(3)(B)(viii)(VII) for similar purposes, shall provide confidential feedback reports to such PAC providers on the performance of such providers with respect to such measures required under the applicable provisions. (2) Frequency To the extent feasible, the Secretary shall provide feedback reports described in paragraph (1) not less frequently than on a quarterly basis. Notwithstanding the previous sentence, with respect to measures described in such paragraph that are reported on an annual basis, the Secretary may provide such feedback reports on annual basis. (g) Public reporting of PAC provider performance (1) In general Subject to the succeeding paragraphs of this subsection, the Secretary shall provide for public reporting of PAC provider performance on quality measures under subsection (c)(1) and the resource use and other measures under subsection (d)(1), including by establishing procedures for making available to the public information regarding the performance of individual PAC providers with respect to such measures. (2) Opportunity to review The procedures under paragraph (1) shall ensure that a PAC provider has the opportunity to review and submit corrections to the data and information that is to be made public with respect to the provider prior to such data being made public. (3) Timing Such procedures shall provide that the data and information described in paragraph (1), with respect to a measure and PAC provider, is made publicly available beginning not later than two years after the specified application date applicable to such a measure and provider. (4) Coordination with existing programs Such procedures shall provide that data and information described in paragraph (1) with respect to quality measures and resource use and other measures under subsections (c)(1) and (d)(1) shall be made publicly available consistent with the following provisions: (A) In the case of home health agencies, section 1895(b)(3)(B)(v)(III). (B) In the case of skilled nursing facilities, sections 1819(i) and 1919(i). (C) In the case of inpatient rehabilitation facilities, section 1886(j)(7)(E). (D) In the case of long-term care hospitals, section 1886(m)(5)(E). (h) Removing, suspending, or adding measures (1) In general The Secretary may remove, suspend, or add a quality measure or resource use or other measure described in subsection (c)(1) or (d)(1), so long as, subject to paragraph (2), the Secretary publishes in the Federal Register (with a notice and comment period) a justification for such removal, suspension, or addition. (2) Exception In the case of such a quality measure or resource use or other measure for which there is a reason to believe that the continued collection of such measure raises potential safety concerns, the Secretary may promptly suspend or remove such measure and satisfy paragraph (1) by publishing in the Federal Register a justification for such suspension or removal in the next rulemaking cycle following such suspension or removal. (i) Use of standardized assessment data, quality measures, and resource use and other measures To inform discharge planning and incorporate Medicare beneficiary preference (1) In general Not later than January 1, 2016, and periodically thereafter (but not less frequently than once every 5 years), the Secretary shall promulgate regulations to modify conditions of participation and subsequent interpretive guidance applicable to PAC providers, hospitals, and critical access hospitals. Such regulations and interpretive guidance shall require such providers to take into account quality, resource use, and other measures under the applicable reporting provisions (which, as available, shall include measures specified under subsections (c) and (d), and other relevant measures) in the discharge planning process. Specifically, such regulations and interpretive guidance shall address the settings to which a patient may be discharged in order to assist such PAC providers, patients, and families of such patients with discharge planning from inpatient settings, including subsection (d) hospitals, critical access hospitals, and hospitals described in section 1886(d)(1)(B)(v), and from PAC provider settings. In addition, such regulations and interpretive guidance shall include procedures to address— (A) treatment preferences of patients; and (B) goals of care of patients. (2) Discharge planning All requirements applied pursuant to paragraph (1) shall be used to help inform and mandate the discharge planning process. (3) Clarification Such regulations shall not require an individual to be provided post-acute care by a specific type of PAC provider in order for such care to be eligible for payment under this title. (j) Stakeholder input Before the initial rulemaking process to implement this section, the Secretary shall allow for stakeholder input, such as through town halls, open door forums, and mail-box submissions. (k) Funding For purposes of carrying out this section, the Secretary shall provide for the transfer to the Centers for Medicare & Medicaid Services Program Management Account, from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841, in such proportion as the Secretary determines appropriate, of $130,000,000. Fifty percent of such amount shall be available on the date of the enactment of this section and fifty percent of such amount shall be equally proportioned for each of fiscal years 2015 through 2019. Such sums shall remain available until expended. (l) Limitation There shall be no administrative or judicial review under sections 1869 and 1878 or otherwise of the specification of standardized patient assessment data required, the determination of measures, and the systems to report such standardized data under this section. (m) Non-Application of Paperwork Reduction Act Chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act of 1995 ) shall not apply to this section and the sections referenced in subsection (a)(2)(B) that require modification in order to achieve the standardization of patient assessment data. . (b) Studies of alternative PAC payment models (1) MedPAC Using data from the Post-Acute Payment Reform Demonstration authorized under section 5008 of the Deficit Reduction Act of 2005 ( Public Law 109–171 ) or other data, as available, not later than June 30, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report that evaluates and recommends features of PAC payment systems (as defined in section 1899B(a)(2)(D) of the Social Security Act, as added by subsection (a)) that establish, or a unified post-acute care payment system under title XVIII of the Social Security Act that establishes, payment rates according to characteristics of individuals (such as cognitive ability, functional status, and impairments) instead of according to the post-acute care setting where the Medicare beneficiary involved is treated. To the extent feasible, such report shall consider the impacts of moving from PAC payments systems (as defined in subsection (a)(2)(D) of such section 1899B) in existence as of the date of the enactment of this Act to new post-acute care payment systems under title XVIII of the Social Security Act. (2) Recommendations for PAC prospective payment (A) Report by Secretary Not later than 2 years after the date by which the Secretary of Health and Human Services has collected 2 years of data on quality measures under subsection (c) of section 1899B, as added by subsection (a), the Secretary shall, in consultation with the Medicare Payment Advisory Commission and appropriate stakeholders, submit to Congress a report, including— (i) recommendations and a technical prototype, on a post-acute care prospective payment system under title XVIII of the Social Security Act that would— (I) in lieu of the rates that would otherwise apply under PAC payments systems (as defined in subsection (a)(2)(D) of such section 1899B), base payments under such title, with respect to items and services furnished to an individual by a PAC provider (as defined in subsection (a)(2)(A) of such section), according to individual characteristics (such as cognitive ability, functional status, and impairments) of such individual instead of the post-acute care setting in which the individual is furnished such items and services; (II) account for the clinical appropriateness of items and services so furnished and Medicare beneficiary outcomes; (III) be designed to incorporate (or otherwise account for) standardized patient assessment data under section 1899B; and (IV) further clinical integration, such as by motivating greater coordination around a single condition or procedure to integrate hospital systems with PAC providers (as so defined). (ii) recommendations on which Medicare fee-for-service regulations for post-acute care payment systems under title XVIII of the Social Security Act should be altered (such as the skilled nursing facility 3-day stay and inpatient rehabilitation facility 60 percent rule); (iii) an analysis of the impact of the recommended payment system described in clause (i) on Medicare beneficiary cost-sharing, access to care, and choice of setting; (iv) a projection of any potential reduction in expenditures under title XVIII of the Social Security Act that may be attributable to the application of the recommended payment system described in clause (i); and (v) a review of the value of subsection (d) hospitals (as defined in section 1886(d)(1)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(1)(B) ), hospitals described in section 1886(d)(1)(B)(v) of such Act ( 42 U.S.C. 1395ww(d)(1)(B)(v) ), and critical access hospitals described in section 1820(c)(2)(B) of such Act ( 42 U.S.C. 1395i–4(c)(2)(B) ) colleting and reporting to the Secretary standardized patient assessment data with respect to inpatient hospital services furnished by such a hospital or critical access hospital to individuals who are entitled to benefits under part A of title XVIII of such Act or, as appropriate, enrolled for benefits under part B of such title. (B) Report by MedPAC Not later than the first June 30th following the date on which the report is required under subparagraph (A), the Medicare Payment Advisory Commission shall submit to Congress a report, including recommendations and a technical prototype, on a post-acute care prospective payment system under title XVIII of the Social Security Act that would satisfy the criteria described in subparagraph (A). (3) Medicare beneficiary defined For purposes of this subsection, the term Medicare beneficiary has the meaning given such term in section 1899B(a)(2) of the Social Security Act, as added by subsection (a). (c) Payment consequences under the applicable reporting provisions (1) Home health agencies Section 1895(b)(3)(B)(v) of the Social Security Act ( 42 U.S.C. 1395fff(b)(3)(B)(v) ) is amended— (A) in subclause (I), by striking subclause (II) and inserting subclauses (II) and (IV) ; (B) in subclause (II), by striking For 2007 and inserting Subject to subclause (IV)(cc), for 2007 ; (C) in subclause (III), by inserting and subclause (IV)(aa) after subclause (II) ; and (D) by adding at the end the following new subclause: (IV) Submission of additional data (aa) In general For the year beginning on the specified application date (as defined in subsection (a)(2)(E) of section 1899B), as applicable with respect to home health agencies and quality measures under subsection (c)(1) of such section and measures under subsection (d)(1) of such section, and each subsequent year, each home health agency shall submit to the Secretary data on such quality measures and any necessary data specified by the Secretary under such subsection (d)(1). (bb) Standardized patient assessment data For 2019 and each subsequent year, in addition to such data described in item (aa), each home health agency shall submit to the Secretary standardized patient assessment data required under subsection (b)(1) of section 1899B. (cc) Non-duplication To the extent such standardized data under subsection (b)(1) of such section 1899B, data on quality measures required under subsection (c)(1) of such section, or necessary data required under subsection (d)(1) of such section are duplicative of any other data required to be reported under this subclause, the submission of such standardized data, data on such quality measures, or necessary data, respectively, shall be required under this subclause in lieu of the submission of such other data. (dd) Submission Such data shall be submitted in the form and manner, and at the time, specified by the Secretary for purposes of subclause (II). . (2) Inpatient rehabilitation facilities Section 1886(j)(7) of the Social Security Act ( 42 U.S.C. 1395ww(j)(7) ) is amended— (A) in subparagraph (A)(i), by striking subparagraph (C) and inserting subparagraphs (C) and (F) ; (B) in subparagraph (C), by striking For fiscal year and inserting Subject to subparagraph (F)(iii), for fiscal year ; (C) in subparagraph (E), by inserting and subparagraph (F)(i) after subparagraph (C) ; and (D) by adding at the end the following new subparagraph: (F) Submission of additional data (i) In general For the fiscal year beginning on the specified application date (as defined in subsection (a)(2)(E) of section 1899B), as applicable with respect to inpatient rehabilitation facilities and quality measures under subsection (c)(1) of such section and measures under subsection (d)(1) of such section, and each subsequent fiscal year, in addition to such data on the quality measures described in subparagraph (C), each rehabilitation facility shall submit to the Secretary data on the quality measures under such subsection (c)(1) and any necessary data specified by the Secretary under such subsection (d)(1). (ii) Standardized patient assessment data For fiscal year 2019 and each subsequent fiscal year, in addition to such data described in clause (i), each rehabilitation facility shall submit to the Secretary standardized patient assessment data required under subsection (b)(1) of section 1899B. (iii) Non-duplication To the extent such standardized data under subsection (b)(1) of such section 1899B, data on quality measures required under subsection (c)(1) of such section, or necessary data required under subsection (d)(1) of such section are duplicative of any other data required to be reported under this subparagraph, the submission of such standardized data, data on such quality measures, or necessary data, respectively, shall be required under this subparagraph in lieu of the submission of such other data. (iv) Submission Such data shall be submitted in the form and manner, and at the time, specified by the Secretary for purposes of subparagraph (C). . (3) Long-term care hospitals Section 1886(m)(5) of the Social Security Act ( 42 U.S.C. 1395ww(m)(5) ) is amended— (A) in subparagraph (A)(i), by striking subparagraph (C) and inserting subparagraphs (C) and (F) ; (B) in subparagraph (C), by striking For rate year and inserting Subject to subparagraph (F)(iii), for rate year ; (C) in subparagraph (E), by inserting and subparagraph (F)(i) after subparagraph (C) ; and (D) by adding at the end the following new subparagraph: (F) Submission of additional data (i) In general For the rate year beginning on the specified application date (as defined in subsection (a)(2)(E) of section 1899B), as applicable with respect to long-term care hospitals and quality measures under subsection (c)(1) of such section and measures under subsection (d)(1) of such section, and each subsequent rate year, in addition to the data on the quality measures described in subparagraph (C), each long-term care hospital (other than a hospital classified under subsection (b)(3)(B)(iv)(II)) shall submit to the Secretary data on the quality measures under such subsection (c)(1) and any necessary data specified by the Secretary under such subsection (d)(1). (ii) Standardized patient assessment data For rate year 2019 and each subsequent rate year, in addition to such data described in clause (i), each long-term care hospital (other than a hospital classified under subsection (b)(3)(B)(iv)(II)) shall submit to the Secretary standardized patient assessment data required under subsection (b)(1) of section 1899B. (iii) Non-duplication To the extent such standardized data under subsection (b)(1) of such section 1899B, data on quality measures required under subsection (c)(1) of such section, or necessary data required under subsection (d)(1) of such section are duplicative of any other data required to be reported under this subparagraph, the submission of such standardized data, data on such quality measures, or necessary data, respectively, shall be required under this subparagraph in lieu of the submission of such other data. (iv) Submission Such data shall be submitted in the form and manner, and at the time, specified by the Secretary for purposes of subparagraph (C). . (4) Skilled nursing facilities (A) In general Paragraph (6) of section 1888(e) of the Social Security Act is amended to read as follows: (6) Reporting of assessment and quality data (A) Reduction in update for failure to report (i) In general For fiscal years beginning on or after the specified application date (as defined in subsection (a)(2)(E) of section 1899B), as applicable with respect to skilled nursing facilities and quality measures under subsection (c)(1) of such section and measures under subsection (d)(1) of such section, in the case of a skilled nursing facility that does not submit, in accordance with subparagraph (B) with respect to such a fiscal year, data on the quality measures specified under such subsection (c)(1), any necessary data specified by the Secretary under such subsection (d)(1), and (for fiscal years beginning on or after October 1, 2018) standardized patient assessment data specified under subsection (b)(1) of such section, after determining the percentage described in paragraph (5)(B)(i), and after application of paragraph (5)(B)(ii), the Secretary shall reduce such percentage for payment rates during such fiscal year by 2 percentage points. (ii) Special rule The application of this subparagraph may result in the percentage described in paragraph (5)(B)(i), after application of paragraph (5)(B)(ii), being less than 0.0 for a fiscal year, and may result in payment rates under this subsection for a fiscal year being less than such payment rates for the preceding fiscal year. (iii) Noncumulative application Any reduction under clause (i) shall apply only with respect to the fiscal year involved and the Secretary shall not take into account such reduction in computing the payment amount under this subsection for a subsequent fiscal year. (B) Assessment and measure data (i) In general A skilled nursing facility, or a facility described in paragraph (7)(B), shall submit to the Secretary, in a manner and within the timeframes prescribed by the Secretary— (I) the resident assessment data necessary to develop and implement the rates under this subsection; (II) for fiscal years beginning on or after the specified application date (as defined in subsection (a)(2)(E) of section 1899B), as applicable with respect to skilled nursing facilities and quality measures under subsection (c)(1) of such section and measures under subsection (d)(1) of such section, data on such quality measures under such subsection (c)(1) and any necessary data specified by the Secretary under such subsection (d)(1); and (III) for fiscal years beginning on or after October 1, 2018, standardized patient assessment data required under subsection (b)(1) of section 1899B. To the extent such standardized data under subsection (b)(1) of such section, data on quality measures required under subsection (c)(1) of such section, or necessary data required under subsection (d)(1) of such section are duplicative of any other data required to be reported under this subparagraph, the submission of such standardized data, data on such quality measures, or necessary data, respectively, shall be required under this subparagraph in lieu of the submission of such other data. (ii) Use of standard instrument For purposes of meeting the requirement under clause (i), a skilled nursing facility, or a facility described in paragraph (7)(B), may submit the resident assessment data required under section 1819(b)(3), using the standard instrument designated by the State under section 1819(e)(5). . (B) Funding for nursing home compare website Section 1819(i) of the Social Security Act ( 42 U.S.C. 1395i–3(i) ) is amended by adding at the end the following new paragraph: (3) Funding The Secretary shall transfer to the Centers for Medicare & Medicaid Services Program Management Account, from the Federal Hospital Insurance Trust Fund under section 1817 a one-time allocation of $11,000,000. The amount shall be available on the date of the enactment of this paragraph. Such sums shall remain available until expended. Such sums shall be used to implement section 1128I(g). . (d) Improving payment accuracy under the PAC payment systems and other Medicare payment systems (1) Studies and reports of effect of certain information on quality and resource use (A) Study using existing Medicare data (i) Study The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall conduct a study that examines the effect of individuals’ socioeconomic status on quality measures and resource use and other measures for individuals under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) (such as to recognize that less healthy individuals may require more intensive interventions). The study shall use information collected on such individuals in carrying out such program, such as urban and rural location, eligibility for Medicaid under title XIX of such Act ( 42 U.S.C. 1396 et seq. ) (recognizing and accounting for varying Medicaid eligibility across States), and eligibility for benefits under the supplemental security income (SSI) program. The Secretary shall carry out this paragraph acting through the Assistant Secretary for Planning and Evaluation. (ii) Report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (B) Study using other data (i) Study The Secretary shall conduct a study that examines the impact of risk factors, such as those described in section 1848(p)(3) of the Social Security Act (42 U.S.C. 1395w–4(p)(3)), race, health literacy, limited English proficiency (LEP), and Medicare beneficiary activation, on quality measures and resource use and other measures under the Medicare program (such as to recognize that less healthy individuals may require more intensive interventions). In conducting such study the Secretary may use existing Federal data and collect such additional data as may be necessary to complete the study. (ii) Report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under clause (i). (C) Examination of data in conducting studies In conducting the studies under subparagraphs (A) and (B), the Secretary shall examine what non-Medicare data sets, such as data from the American Community Survey (ACS), can be useful in conducting the types of studies under such paragraphs and how such data sets that are identified as useful can be coordinated with Medicare administrative data in order to improve the overall data set available to do such studies and for the administration of the Medicare program. (D) Recommendations to account for information in payment adjustment mechanisms If the studies conducted under subparagraphs (A) and (B) find a relationship between the factors examined in the studies and quality measures and resource use and other measures, then the Secretary shall also provide recommendations for how the Centers for Medicare & Medicaid Services should— (i) obtain access to the necessary data (if such data is not already being collected) on such factors, including recommendations on how to address barriers to the Centers in accessing such data; and (ii) account for such factors— (I) in quality measures, resource use measures, and other measures under subsections (c) and (d) of section 1899B of the Social Security Act, as added by subsection (a), and under other applicable provisions of title XVIII of such Act (42 U.S.C. 1395 et seq.); and (II) in determining payment adjustments based on such measures in other applicable provisions of such title. (E) Funding There are hereby appropriated to the Secretary from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i ) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ) (in proportions determined appropriate by the Secretary) to carry out this paragraph $6,000,000, to remain available until expended. (2) CMS activities (A) In general Taking into account the relevant studies conducted and recommendations made in reports under paragraph (1) and, as appropriate, other information, including information collected before completion of such studies and recommendations, the Secretary, on an ongoing basis, shall, as the Secretary determines appropriate and based on an individual’s health status and other factors— (i) assess appropriate adjustments to quality measures, resource use measures, and other measures under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) (including measures specified in subsections (c) and (d) of section 1899B of such Act, as added by subsection (a)); and (ii) assess and implement appropriate adjustments to payments under such title. (B) Accessing data The Secretary shall collect or otherwise obtain access to the data necessary to carry out this paragraph through existing and new data sources. (C) Periodic analyses The Secretary shall carry out periodic analyses, at least every 3 years, based on the factors referred to in subparagraph (A) so as to monitor changes in possible relationships. (D) Funding There are hereby appropriated to the Secretary from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i ) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ) (in proportions determined appropriate by the Secretary) to carry out this paragraph $10,000,000, to remain available until expended. (3) Strategic plan for accessing race and ethnicity data Not later than 18 months after the date of the enactment of this Act, the Secretary shall develop and report to Congress on a strategic plan for collecting or otherwise accessing data on race and ethnicity for purposes of specifying quality measures and resource use and other measures under subsections (c) and (d) of section 1899B of the Social Security Act, as added by subsection (a), and, as the Secretary determines appropriate, other similar provision of, including payment adjustments under, title XVIII of such Act (42 U.S.C. 1395 et seq.).
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https://www.govinfo.gov/content/pkg/BILLS-113hr4994ih/xml/BILLS-113hr4994ih.xml
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113-hr-4995
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I 113th CONGRESS 2d Session H. R. 4995 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Cárdenas (for himself, Mr. Schiff , Mr. Sherman , Mr. McKeon , Mr. Thompson of California , Ms. Matsui , Mr. McNerney , Mr. Swalwell of California , Mr. Costa , Ms. Eshoo , Ms. Lofgren , Mr. Farr , Mr. Ruiz , Mr. Peters of California , Ms. Roybal-Allard , Ms. Waters , and Mr. Lowenthal ) 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 6531 Van Nuys Boulevard in Van Nuys, California, as the Marilyn Monroe Post Office .
1. Marilyn Monroe Post Office (a) Designation The facility of the United States Postal Service located at 6531 Van Nuys Boulevard in Van Nuys, California, shall be known and designated as the Marilyn Monroe 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 Marilyn Monroe Post Office .
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https://www.govinfo.gov/content/pkg/BILLS-113hr4995ih/xml/BILLS-113hr4995ih.xml
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113-hr-4996
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I 113th CONGRESS 2d Session H. R. 4996 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. DeLauro (for herself, Mr. Cicilline , Mr. Grijalva , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To require the Commodity Futures Trading Commission to take certain emergency action to eliminate excessive speculation in energy markets.
1. Short title This Act may be cited as the Energy Markets Emergency Act . 2. Energy markets (a) Findings Congress finds that— (1) the Commodity Futures Trading Commission was created as an independent agency, in 1974, with a mandate— (A) to enforce and administer the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ); (B) to ensure commodities market integrity; (C) to protect commodities market users from fraud and abusive trading practices; and (D) to prevent and prosecute manipulation of the price of any commodity in interstate commerce; (2) Congress has given the Commodity Futures Trading Commission authority under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ) to take necessary actions to address market emergencies; (3) the Commodity Futures Trading Commission may use the emergency authority of the Commission with respect to any major market disturbance that prevents the market from accurately reflecting the forces of supply and demand for a commodity; (4) Congress declared in section 4a of the Commodity Exchange Act ( 7 U.S.C. 6a ) that excessive speculation imposes an undue and unnecessary burden on interstate commerce; (5) according to an article published in Forbes magazine on February 27, 2012, excessive oil speculation translates out into a premium for gasoline at the pump of $.56 a gallon based on a recent report from Goldman Sachs; (6) on June 13, 2014— (A) the supply of motor gasoline was higher than the supply was on June 12, 2009, when the national average price for a gallon of regular unleaded gasoline was just $2.64; and (B) demand for gasoline in the United States was lower than demand was on June 12, 2009; (7) on June 23, 2014, the national average price of regular unleaded gasoline was over $3.68 a gallon, the highest price for this time of year since 2008, the year gasoline prices hit an all-time high; (8) excessive oil and gasoline speculation is creating major market disturbances that prevent the market from accurately reflecting the forces of supply and demand; and (9) the Commodity Futures Trading Commission has a responsibility— (A) to ensure that the price discovery for oil and gasoline accurately reflects the fundamentals of supply and demand; and (B) to take immediate action to implement strong and meaningful position limits in regulated exchange markets to eliminate excessive oil speculation. (b) Actions Not later than 14 days after the date of enactment of this Act, the Commodity Futures Trading Commission shall use the authority of the Commission (including emergency powers)— (1) to curb immediately the role of excessive speculation in any contract market within the jurisdiction of the Commission, on or through which energy futures or swaps are traded; and (2) to eliminate excessive speculation, price distortion, sudden or unreasonable fluctuations, or unwarranted changes in prices, or other unlawful activity that is causing major market disturbances that prevent the market from accurately reflecting the forces of supply and demand for energy commodities.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4996ih/xml/BILLS-113hr4996ih.xml
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113-hr-4997
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I 113th CONGRESS 2d Session H. R. 4997 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. DeLauro (for herself, Ms. McCollum , and Ms. Lee of California ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide assistance to sub-Saharan Africa to combat obstetric fistula.
1. Short title and table of contents (a) Short title This Act may be cited as the United States Leadership to Eradicate Obstetric Fistula 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. Findings. Sec. 3. Definitions. Sec. 4. Comprehensive, integrated, 10-year strategy to combat obstetric fistula in sub-Saharan Africa. Sec. 5. Prevention, treatment, and monitoring of obstetric fistula in sub-Saharan African countries. Sec. 6. United States Advisory Committee for the Eradication of Obstetric Fistula. Sec. 7. Report. Sec. 8. Authorization of appropriations. 2. Findings Congress makes the following findings: (1) Obstetric fistula is a catastrophic childbirth injury which arises as a complication of obstructed labor. (2) An estimated 2 to 3 million women currently are afflicted by the devastating physical and social effects of obstetric fistula—a scourge of epidemic proportions. As many as 130,000 new cases occur each year. (3) Historically, obstetric fistula affected women in the United States and around the world. Advances in obstetric care and access to improved surgical techniques resulted in a drastic reduction in obstetric fistula by the early 20th century in the United States. (4) Today, obstetric fistula primarily affects the poorest women in the poorest parts of the world. It disproportionately affects women in sub-Saharan Africa and girls—some as young as 13 years old—who are subjected to child marriage and whose bodies are not fully capable of handling the demands of childbirth. Many of these young girls and women have been subjected to female genital mutilation, which can increase the risk for and be a direct cause of obstetric fistula. (5) Obstetric fistula, which usually results in fetal death by asphyxia, occurs when the tissues that normally separate a woman’s vagina from her bladder or rectum are destroyed by prolonged pressure from the fetal head trapped in the birth canal. (6) Obstetric fistula typically occurs because a woman does not have access to emergency obstetric care or because she does not have the financial means, transportation, or access to surgical repair. (7) Left untreated, an obstetric fistula afflicts a woman with devastating physical conditions: incontinence, painful ulcers, and constant and uncontrollable emission of offensive odors. These symptoms leave a woman indelibly and perpetually stigmatized by her condition. (8) Because obstetric fistula does not heal on its own, women affected by this condition are marginalized for the remainder of their lives. Expelled from their communities and denied education and health care, obstetric fistula victims are left in desperate economic circumstances. (9) Victims also suffer social ostracism that results in involuntary divorce, exclusion from religious activities, deepening poverty, malnutrition, deteriorating physical health, depression, and despair. As a result, victims are left defenseless and vulnerable. (10) This social isolation compounds already existing problems such as illiteracy and lack of economic opportunities. (11) Because obstetric fistula are not themselves fatal, millions of women live with this horrific condition and have been overlooked by the international medical community. At present, humanitarian aid and nongovernmental programs treat fistula cases on a small scale and are not equipped to systematically prevent, treat, and eradicate obstetric fistula. (12) Obstetric fistula can be prevented when women and their families are educated about the birthing process and are provided access to emergency obstetric care. (13) Today, doctors can surgically repair obstetric fistula with a low-cost, low-technology surgery. (14) The impact of an obstetric fistula-repair surgery is immediate and consequential. Women can be re-integrated into society and are afforded basic human necessities such as familial relationships, health care, and the opportunity to earn a living. (15) The prevention, treatment, and ultimately the eradication of obstetric fistula will advance the emancipation and empowerment of women, strengthen families and communities, and improve the overall economic, educational, and social well-being of affected societies. (16) Basic interventions to identify and repair obstetric fistula have achieved meaningful and cost-effective results. (17) The best available data suggests that existing programs can only repair 10 percent of new obstetric fistula cases each year, and less than 1 percent of existing obstetric fistula cases are repaired each year. (18) The challenge is to expand existing pilot programs into a scalable, comprehensive, and sustainable campaign to eradicate obstetric fistula. (19) Nongovernmental organizations with experience in obstetric care, surgery, and women’s rights have proven effective in making progress towards eliminating the scourge of obstetric fistula and can be a resource in assisting indigenous organizations in severely afflicted countries in their efforts to treat and care for women with obstetric fistula. (20) The nature of obstetric fistula—and the fact that it affects vulnerable women in poor and isolated communities which offer little or no access to obstetric care—demands a comprehensive, coordinated, long-term, international response focused on the prevention and treatment of obstetric fistula, including— (A) safe-childbirth education and obstetric fistula prevention, care, and treatment; post-operative care, including rehabilitation, social reintegration, and post-surgical follow-up; basic and applied research and clinical work; and training of health care workers and educators, particularly local, grassroots educators and medical workers; (B) designation of a university-based medical center in the United States, designated as the International Obstetric Fistula Institute for Sub-Saharan Africa established under section 5(d), responsible for marshaling surgical and other necessary health resources to effectuate the campaign against obstetric fistula; for building prevention and treatment capacity in sub-Saharan Africa, including coordinating partnerships with sub-Saharan African institutions and governments; and for developing and managing community education and mobilization programs at home and abroad; (C) development of health care infrastructure and delivery systems through Centers of Clinical Excellence for Obstetric Fistula Care for Sub-Saharan Africa as well as through cooperative and coordinated public efforts and public-private partnerships; (D) strengthening universities, research centers, and training programs for health professionals through institutional capacity-building partnerships; (E) development and implementation of a United States Obstetric Fistula Treatment and Prevention Corps which recruits and trains doctors—especially obstetricians, gynecologists, urologists, general surgeons, and anesthesiologists—nurses, and other community-development and public-health personnel to serve regions affected by obstetric fistula and which partners United States medical professionals with sub-Saharan African professionals, promoting a joint effort to eradicate this devastating condition; (F) coordination of efforts to make the treatment of obstetric fistula a higher priority in sub-Saharan African hospitals, specifically aimed at ameliorating the paucity of training related to obstetric fistula treatment; and (G) coordination of efforts between the medical community, nongovernmental organizations, national governments, and private sector organizations, including faith-based organizations. (21) The United States has the capacity to lead and enhance the effectiveness of the international community’s response by— (A) providing substantial resources, medical expertise, and training, particularly of health care personnel and community workers and leaders; (B) making United States surgeons and health care professionals available to serve, train, and build workforce capacity in afflicted countries through a United States Obstetric Fistula Treatment and Prevention Corps; (C) encouraging governments and faith-based and community organizations to adopt policies that treat obstetric fistula and its causes as a multi-sector, public-health problem that profoundly affects women’s health, women’s empowerment, education, the economy, and promotion of strong and successful families; (D) encouraging education about healthy practices, including education about the health risks associated with child marriage and female genital mutilation; (E) building successful communities by preventing obstetric fistula and the ensuing social stigma which often separates an obstetric fistula victim from her family; (F) contributing to public health and health-care delivery system research to improve obstetric fistula prevention, treatment, and reintegration; (G) encouraging active involvement and cooperation across sectors, including the medical and scientific communities, charitable foundations, private and voluntary organizations and nongovernmental organizations, faith-based organizations, community-based organizations, and other not-for-profit entities; and (H) engaging in medical diplomacy, with a particular focus on the further empowerment and emancipation of women. (22) Unaddressed obstetric emergencies and untreated obstetric fistula result in the needless, systematic degradation and marginalization of women. It should be the policy of the United States to help eradicate this preventable and curable condition. (23) Strong coordination must exist among the implementing agencies of the United States to ensure effective and efficient use of financial, medical, and technical resources within the United States Government with respect to international obstetric fistula eradication. (24) Obstetric fistula is a medical condition which historically affected women around the globe. The United States long ago eliminated this needlessly oppressive condition because of access to skilled medical professionals and medical care. Obstetric fistula can be prevented and repaired. No woman should suffer a lifetime of debilitating physical and social consequences—as obstetric fistula victims do—simply because she lacks access to basic obstetric care. 3. Definitions In this Act: (1) Advisory Committee The term Advisory Committee means the United States Advisory Committee for the Eradication of Obstetric Fistula established under section 6. (2) Clinical Center of Excellence The term Center of Clinical Excellence means a Center of Clinical Excellence for Obstetric Fistula Care in sub-Saharan Africa established under section 5(d)(5). (3) Corps The term Corps means the United States Obstetric Fistula Treatment and Prevention Corps established under section 5(d)(6). (4) Institute The term Institute means the International Obstetric Fistula Institute for Sub-Saharan Africa established under section 5(d)(1). (5) Relevant executive branch agencies The term relevant executive branch agencies means the Department of State, the United States Agency for International Development, and any other department or agency of the United States that participates in international health and humanitarian activities pursuant to the authorities of such department or agency or the Foreign Assistance Act of 1961. (6) Secretary The term Secretary means the Secretary of State. (7) Sub-Saharan Africa The terms sub-Saharan Africa , sub-Saharan African , and sub-Saharan African country shall have the meanings given to such terms for purposes of this Act by the Secretary. 4. Comprehensive, integrated, 10-year strategy to combat obstetric fistula in sub-Saharan Africa (a) In general The President, acting through the Administrator of the United States Agency for International Development, shall establish a comprehensive, integrated, 10-year strategy to combat obstetric fistula in sub-Saharan Africa that strengthens the capacity of the United States to be an effective leader in the movement for international women’s health and empowerment. (b) Elements Such strategy shall maintain sufficient flexibility and remain responsive to the needs of women afflicted with obstetric fistula or who stand at risk of suffering from obstetric fistula and shall include the following: (1) A plan for implementation and coordination of programs and activities under this Act, including grants and contracts for prevention, treatment, and monitoring of obstetric fistula under section 5. (2) Specific objectives, multi-sector approaches, and specific strategies to treat women who suffer from obstetric fistula and to prevent further occurrences of obstetric fistula. (3) Assignment of priorities for relevant executive branch agencies. (4) Public health and health care delivery system research on the prevention, repair, and rehabilitation of obstetric fistula. (5) Development, implementation, and evaluation of evidence-based systems of care connecting maternity and obstetric fistula care facilities with local care delivery and community education programs. Such systems of care should promote rapid and long-term prevention of obstetric fistula, including— (A) referral to prenatal care to identify and mitigate risk factors for obstetric fistula; (B) culturally appropriate childbirth education, preparation, and planning; (C) access to skilled obstetric care; and (D) promoting prompt detection of prolonged labor and appropriate action to address it. (6) Provision that the reduction of health and social risks which increase the likelihood of obstetric fistula shall be a priority of all prevention efforts in terms of funding, educational messages, and activities promoting a decrease in child marriage and the adolescent pregnancy rate, prompt detection of prolonged labor, and immediate intervention in cases of obstructed labor through improved access to emergency obstetric services provided by partner hospitals. (7) Improvement of coordination and reduce duplication among relevant executive branch agencies, foreign governments, and international organizations. (8) Projection of general levels of resources needed to achieve the stated objectives. (9) Expansion of public-private partnerships and the leveraging of resources. (10) Maximization of United States capabilities in the areas of medical training and research and application of those capabilities in sub-Saharan Africa. Such efforts may include the provision of grants by relevant executive branch agencies for institutional capacity-building partnerships between United States and foreign institutions, as well as between in-country institutions, for the purpose of mobilizing in-country capacity, resources, and expertise to prevent and repair cases of obstetric fistula. (11) Priorities for the distribution of resources based on factors such as the size and demographics of the population suffering from obstetric fistula, the needs of that population, and the existing infrastructure or funding levels that may exist to treat and prevent obstetric fistula. (12) A long-term commitment to the eradication of obstetric fistula by expanding health system capacity and training opportunities for doctors and other health service providers in sub-Saharan Africa. (13) A plan to maximize United States efforts in workforce training, capacity-building, and retention relating to obstetric fistula prevention, treatment, rehabilitation, and research. Such plan shall be coordinated with existing United States and in-country workforce capacity-building plans and efforts. Such plan may include training of foreign health workers at United States institutions and train-the-trainer programs. (14) A plan for institutional capacity-building partnerships to strengthen universities, research centers, health-profession training programs, and government institutes to build the in-country capacity needed to eradicate obstetric fistula. (c) Report Not later than 1 year after the date of the enactment of this Act, the President shall submit to Congress a report that contains the strategy required under this section. 5. Prevention, treatment, and monitoring of obstetric fistula in sub-Saharan African countries (a) In general The President, acting through the Administrator of the United States Agency for International Development, is authorized to provide grants to or enter into contracts with an eligible entity described in subsection (b) to carry out activities to prevent, treat, and monitor obstetric fistula in sub-Saharan African countries in accordance with this section. (b) Eligible entity described In this section, the term eligible entity means a major, university-based medical center in the United States. (c) Application and selection (1) Application The President shall provide for eligible entities to submit applications to the President for grants or contracts under this section in such form and manner as the President may require to carry out the purposes of this section. (2) Selection (A) In general From among the applications submitted under paragraph (1), the President shall select an eligible entity to receive grants or contracts under this section pursuant to a competitive selection process. (B) Criteria The competitive selection process referred to in subparagraph (A) shall be based upon selection criteria, which shall include— (i) the breadth and depth of medical faculty, particularly with experience in obstetrics and reconstructive pelvic surgery; (ii) breadth and depth of public health and international health faculty; (iii) experience in and capacity to conduct training of the global health workforce and to strengthen capacity-building and health systems; (iv) experience in building institutional capacity in sub-Saharan Africa, including through institutional partnerships; (v) willingness to supplement amounts received under grants or contracts under subsection (a) by engaging in community partnerships; and (vi) whether the applicant, for purposes of this Act, has entered into a cooperative agreement with one or more major, university-based medical centers in sub-Saharan Africa. (d) Use of funds (1) International Obstetric Fistula Institute for Sub-Saharan Africa Amounts received under grants or contracts under subsection (a) shall be used to establish and operate at the eligible entity’s medical center in the United States an institute to carry out paragraphs (2) through (7), to be known as the International Obstetric Fistula Institute for Sub-Saharan Africa. The purpose of the Institute shall be to prevent, treat, and monitor obstetric fistula in sub-Saharan African countries. (2) Administration and training The Institute shall— (A) serve as the primary administrative and medical-training hub for the campaign to prevent, treat, and monitor obstetric fistula in sub-Saharan African countries; (B) ensure the campaign described in subparagraph (A) is carried out on both a scientific and humanitarian basis; (C) initiate and oversee the training and clinical activities of physicians, other health professionals, and educators serving at Centers of Clinical Excellence; and (D) ensure a progressive increase in health system and workforce capacity to prevent, treat, and monitor obstetric fistula in each country in which a Center of Clinical Excellence is located. (3) Enforce clinical standards and accountability The Institute shall— (A) promote the utilization of standard clinical protocols, facilitate data collection, coordinate research efforts, and oversee and participate in multi-center randomized surgical trials; and (B) enforce the highest standards of clinical practice and ethical behavior as described in the published code of medical ethics for obstetric fistula surgeons. (4) Develop evidence-based programs for prevention and access to emergency obstetric care The Institute shall— (A) develop and implement comprehensive and culturally appropriate protocols to prevent the formation of obstetric fistula, including the development and implementation of evidence-based systems of care, which identify, track, and evaluate obstetric fistula prevention programs; (B) develop and implement prevention programs that— (i) teach women and family members, in a culturally appropriate manner, how to identify prolonged labor; (ii) inform women and family members of the risks of not seeking appropriate medical care; (iii) refer women and family members to prenatal, perinatal, and postnatal care; (iv) teach women and family members how to mobilize community resources to assist in seeking emergency obstetric care; and (v) teach women and family members to identify symptoms of obstetric fistula and refer women to treatment; (C) assist Centers of Clinical Excellence in developing localized programs for childbirth education, preparation and planning, prolonged-labor detection, labor monitoring, and transportation from villages to local hospitals for obstetric care and to Centers of Clinical Excellence for obstetric fistula care, accounting for factors such as transportation, geography, and scalability of such solutions; and (D) seek to partner with United States medical personnel and volunteers to train and employ local men and women as community-based labor monitors who can educate and assist other women at risk of suffering from obstetric fistula, thereby empowering an entire sector of women in sub-Saharan Africa with information and employment. (5) Centers of Clinical Excellence for Obstetric Fistula Care in Sub-Saharan Africa (A) In general The Institute, in cooperation with each medical center in sub-Saharan African described in subsection (b), shall establish not less than 8 centers in sub-Saharan Africa to treat and prevent obstetric fistula in countries and areas in which obstetric fistula is widespread, as determined by the Institute in consultation with the Advisory Committee. Such centers shall be known as Centers of Clinical Excellence for Obstetric Fistula Care in sub-Saharan Africa. (B) General duties Each Center of Clinical Excellence shall establish programs to treat and prevent obstetric fistula at hospitals and to expand the networks of such hospitals. the Centers of Excellence shall be co-located or located within reasonable proximity to hospitals capable of providing emergency and routine obstetric care, in order to fulfill its duties and to ensure hospitals meet emergency obstetric needs. (C) Specific duties Each Center of Clinical Excellence shall function as localized epicenters of training and clinical excellence for obstetric fistula care, and shall— (i) be a major locus of medical and surgical care for obstetric fistula patients; (ii) be centers for the training of obstetric fistula surgeons, nurses, and other medical personnel; (iii) coordinate and implement community outreach and prevention programs; (iv) partner with the national ministry of health or equivalent government body and medical educators in the country in which the Center of Clinical Excellence is located to develop country-specific training programs for surgeons and other health care personnel involved in obstetric fistula care; (v) be a vehicle for expanding access to emergency obstetric services in affiliated communities; (vi) establish a consulting and referral relationship with a hospital in its geographic vicinity, assist the hospital by completing an initial, comprehensive assessment of what resources the hospital would need to improve delivery of emergency obstetric services, and based on the needs assessments and subject to the approval of the Institute approve funding for each hospital to undergo appropriate physical renovation and reimburse the hospital for emergency obstetric care and cesarean deliveries; and (vii) coordinate a system of village “labor monitors” to help prevent obstetric fistula by identifying pregnant women in their communities, monitoring their labors, and activating an organized emergency-transport system to move high-risk women to local hospitals with adequate obstetric care. (6) United States Obstetric Fistula Treatment and Prevention Corps (A) In general The Institute, in cooperation with each medical center in sub-Saharan African described in subsection (b), shall establish and operate a United States Obstetric Fistula Treatment and Prevention Corps. (B) Duties The Corps shall— (i) provide volunteer medical services at Centers of Clinical Excellence and train local surgeons and other health professionals in techniques of obstetric fistula repair and in other aspects of the care of women with obstetric fistula; (ii) seek to establish an enabling environment in which patient care can be provided effectively, consistently, humanely, and ethically to women with obstetric fistula; and (iii) develop evidence-based systems of care for the prevention of obstetric fistula. (C) Membership The Corps shall consist of— (i) graduates of United States or African residency programs in such fields as obstetrics and gynecology, general surgery, urology, and anesthesiology; and (ii) other doctors, nurses, community-health professionals, public-health professionals, and other expert personnel as needed to further the duties of the Institute to prevent, treat, and monitor obstetric fistula in sub-Saharan African countries. (D) Duration of service Members of the Corps shall commit to a duration of service of not less than 28 months. (E) Compensation, other benefits The Institute may provide compensation, other employment benefits, and loan guarantees to individuals who agree to serve as members of the Corps. (F) Alumni Corps The Institute is authorized to establish an Alumni Corps, comprised of former members of the Corps who have completed successfully at least one period of service described in subparagraph (D) in order to augment medical personnel at Centers for Clinical Excellence. (7) Annual report The Institute shall submit to Congress and make available to the public an annual report on the implementation of this subsection, including a description of— (A) the recruitment for and implementation of the Corps; and (B) the activities of each Center of Clinical Excellence, including— (i) the number of women served at the Center; (ii) the success rate of obstetric fistula-repair surgeries, prevention efforts, and other programs used by the Center and surrounding communities; and (iii) other delivery system and quality measures as appropriate. (e) Personnel The Institute shall be administered by qualified, essential personnel including— (1) a director, who reports directly to the head of the medical center in the United States referred to in subsection (b); (2) expert leadership to oversee key aspects of the duties of the Institute, including— (A) medical and surgical activities; (B) prevention, education, and outreach; (C) partnerships and capacity building; (D) emergency obstetric services; and (E) program management; (3) professional and administrative staff responsible for administration, coordination, and campaign performance; (4) dedicated, full-time, experienced surgeons responsible for the medical supervision and training of United States and sub-Saharan African surgeons assigned to Centers of Clinical Excellence, and for medical research, data collection, and successful implementation of medical programs in sub-Saharan Africa; (5) full-time prevention, education, and outreach coordinators, responsible for the Institute’s outreach, education, prevention, and social reintegration programs as well as for the supervision and training of outreach and education staff assigned to the Centers of Clinical Excellence; (6) an advisory panel for surgical outcomes and quality comprised of no fewer than 15 senior practicing surgeons from the United States and other countries— (A) to ensure a high, uniform level of surgical care; (B) to engage in clinical practice with Centers of Clinical Excellence for Sub-Saharan Africa to share their surgical experience and to provide clinical oversight; and (C) to liaise with Centers of Clinical Excellence for Sub-Saharan Africa and the Institute to ensure the Centers of Clinical Excellence are accountable for providing a consistent and high level of surgical care; and (7) an internal oversight and steering committee comprised of individuals who are medical professionals, public health professionals, international social welfare advisors, economists specializing in international development, or professors of law or political science. (f) Additional personnel The Institute may appoint and fix the pay of additional personnel as the Institute considers appropriate. 6. United States Advisory Committee for the Eradication of Obstetric Fistula (a) Establishment There is established an advisory committee to be known as the United States Advisory Committee for the Eradication of Obstetric Fistula. (b) Membership (1) Selection; qualifications The Advisory Committee shall be composed of 14 members selected by the Secretary (through a competitive process) from among individuals who are distinguished scholars, clinicians, scientists, advocates, and philanthropists and who, collectively— (A) have knowledge and experience in health care and global health policy, including international health, obstetrics, women’s empowerment, human rights, and international law; and (B) have direct experience abroad especially in sub-Saharan Africa. (2) Selection The Advisory Committee shall be composed of 14 members selected by the Secretary through a competitive process. (3) Disqualification An individual shall not be appointed as a member of the Advisory Committee if such individual possesses any personal or financial interest in the discharge of any duties of the Advisory Committee. (4) Terms The term of office of each member of the Advisory Committee shall be 5 years. Members of the Advisory Committee shall be eligible for reappointment for up to 2 terms. (c) Meetings (1) Initial meeting The Advisory Committee shall hold its initial meeting on the date that is no later than 120 days after the date of the enactment of this Act. (2) Meetings The Advisory Committee shall meet at the call of the Chairman or a majority of its members. The Advisory Committee shall meet no less than twice per calendar year. (3) Quorum Six members of the Advisory Committee shall constitute a quorum for purposes of conducting business, except that 2 members of the Advisory Committee shall constitute a quorum for purposes of receiving testimony. (4) Vacancies Any vacancy of the Advisory Committee shall not affect its powers, but shall be filled promptly in the manner in which the original appointment was made. (d) Administration (1) Travel expenses Members of the Advisory Committee 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 performance of services for the Advisory Committee. (2) Administrative support The Secretary shall assist the Advisory Committee by providing to the Advisory Committee such staff and administrative services as may be necessary and appropriate for the Advisory Committee to perform its functions. Upon request of the Advisory Committee, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Advisory Committee without reimbursement to the department or agency of that employee and such detail shall be without interruption or loss of civil service status or privilege. (3) Experts and consultants The Advisory Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Other resources The Advisory Committee shall have reasonable access to materials, resources, statistical data, and other information the Advisory Committee determines to be necessary to carry out its duties from the Library of Congress, the Department of State, the National Library of Medicine, and other departments and agencies of the executive and legislative branches of the Federal Government. The Chairman of the Advisory Committee shall make requests for such access in writing when necessary. (5) Obtaining official data The Advisory Committee may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon the request of the Chairman of the Advisory Committee, the head of that department or agency shall furnish that information to the Advisory Committee. (e) Duties The primary duties of the Advisory Committee shall include— (1) advising the Institute on an ongoing basis in carrying out the duties of the Institute; (2) evaluating programs and activities to eradicate obstetric fistula and making recommendations regarding the programs of the Institute; (3) advising the Department of State and the United States Agency for International Development on an ongoing basis in carrying out programs and activities to eradicate obstetric fistula; (4) monitoring funds available for programs and activities to eradicate obstetric fistula to ensure such funds are used efficiently and are accounted for properly, including through the conduct of periodic audits; and (5) advising the Administrator of the United States Agency for International Development in an annual written report of the Institute’s performance and success in carrying out its duties. (f) Actions against governments failing To meet minimum standards (1) By Advisory Committee The Advisory Committee— (A) shall advise the Administrator of the United States Agency for International Development, based on information provided to the Advisory Committee by the Institute or based on independent sources of information, of each county that by reason of corruption, indifference, or ineffectiveness, significantly impedes the Institute’s ability to provide services to victims of obstetric fistula and women who are vulnerable to obstetric fistula; and (B) may request the Administrator to recommend suspension of the provision of United States nonhumanitarian, nontrade-related foreign assistance to each country described in subparagraph (A). (2) By USAID Based on the advice of the Advisory Committee under paragraph (1), the Administrator may accept the advice and, in consultation with the Secretary, recommend to the President the suspension of United States nonhumanitarian, nontrade-related foreign assistance to a county described in paragraph (1)(A). 7. Report The President, acting through the Administrator of the United States Agency for International Development, shall submit to Congress on an annual basis a report on the implementation of this Act for the preceding year, including an evaluation of the effectiveness and performance of the Institute, the Centers of Clinical Excellence, the Corps, and all related community outreach and medical programs. 8. Authorization of appropriations (a) In general There are authorized to be appropriated to the President to carry out this Act— (1) $10,000,000 for fiscal year 2015; and (2) $180,000,000 for the period of fiscal years 2016 through 2024. (b) Availability Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4997ih/xml/BILLS-113hr4997ih.xml
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113-hr-4998
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I 113th CONGRESS 2d Session H. R. 4998 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. DeLauro introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To enhance beneficiary and provider protections and improve transparency in the Medicare Advantage market, and for other purposes.
1. Short title This Act may be cited as the Medicare Advantage Participant Bill of Rights Act of 2014 . 2. Limitation on removal of Medicare Advantage providers by MA organizations (a) Limitation Section 1852(d) of the Social Security Act ( 42 U.S.C. 1395w–22(d) ) is amended by adding at the end the following: (7) Limitation on removal of providers from MA plans by MA organizations (A) Removal of providers with cause Beginning with plan year 2015, except as provided in subparagraph (C), an MA organization offering an MA plan may only remove a provider of services or a supplier from a network of such plan if the organization has cause to remove such provider or supplier. (B) Cause to remove providers (i) In General An MA organization offering an MA plan has cause to remove a provider of services or a supplier from a network of such plan if the Secretary determines that the provider or supplier is— (I) medically negligent; (II) in violation of any legal or contractual requirement applicable to the provider or supplier acting within the lawful scope of practice, including any participation or other requirement applicable to such provider or supplier under this title or under any contractual term for such plan; or (III) otherwise unfit to furnish items and services in accordance with requirements of this title. (ii) Consideration of cost to MA organizations For purposes of subparagraph (A), cost to an MA organization offering an MA plan due to the participation of a provider of services or supplier in a network of such plan does not constitute cause for the MA organization to remove such provider or supplier from the network, and such cost may not be considered as a factor in favor of a determination that such organization has cause to remove the provider. (C) Exception With respect to each upcoming plan year, beginning with plan year 2015, an MA organization offering an MA plan may only remove a provider of services or supplier from a network of such plan for reasons not specified in subparagraph (B)(i) before the date that is 60 days before the first day of the annual coordinated election period for such plan year under section 1851(e)(3). (D) Notice and appeal process (i) In General Any removal of a provider of services or supplier from a network of an MA plan may occur only after the completion of a fair notice and appeal process that the Secretary shall establish by regulation. Such process shall require the MA organization to provide to such provider or supplier and to the Secretary an explanation of the reason or reasons for the removal. (ii) Application (I) Application of new process In the case of a removal of a provider of services or supplier from a network of an MA plan occurring on or after the effective date published in a final rule for such fair notice and appeal process, such process shall apply in lieu of the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations. (II) Continuation of old process In the case of a removal of a provider of services or supplier from a network of an MA plan occurring before such effective date, the process for the termination or suspension of a provider contract under section 422.202(a) of title 42, Code of Federal Regulations, shall apply. (E) Participant notice and protection (i) Notice to participants of provider removal Not less than 60 days before the date on which a provider of services or supplier is removed from a network of an MA plan, the MA organization offering such plan shall provide notification of the removal to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. Such notification shall include— (I) the names and telephone numbers of in-network providers of services and suppliers offering items and services that are the same or similar to the items and services offered by the removed provider or supplier; (II) information regarding the options available to an individual enrolled in such plan to request the continuation of medical treatment or therapy with the removed provider or supplier; and (III) one or more customer service telephone numbers that an individual enrolled in such plan may access to obtain information regarding changes to the network of the plan. (ii) Annual notice of change In addition to providing the notification of removal as required under clause (i), the MA organization offering such MA plan shall include such notification in the annual notice of change for the MA plan for the upcoming plan year. (iii) Continuity of care In any case in which a provider of services or supplier is removed from a network of an MA plan, such plan shall ensure that the removal satisfies the continuity of care requirements under paragraph (1)(A) with respect to each individual enrolled in such plan receiving items or services from the provider or supplier during the plan year in effect on the date of removal or during the previous plan year. (F) Rule of construction Nothing in this paragraph shall be construed as affecting the ability of a provider of services or supplier to decline to participate in a network of an MA plan. (8) Transparency in measures used by MA organizations to establish or modify provider networks (A) In General Beginning with plan year 2016, an MA organization offering an MA plan shall include the information described in subparagraph (B)— (i) in the annual bid information submitted by the MA organization with respect to the MA plan under section 1854; and (ii) on the Internet Web site for the MA plan. (B) Information described The information described in this subparagraph is the following: (i) Information regarding the measures used by the MA organization to establish or modify the provider network of the MA plan, including measures of the quality and efficiency of providers. Such information shall include the specifications, methodology, and sample size of such measures. (ii) Other information related to the establishment or modification of such provider network that the Secretary determines appropriate. (C) Limitation The information described in subparagraph (B) shall not include any individually identifiable information of any provider or supplier of services. . (b) Enforcement (1) Sanctions for noncompliance Section 1857(g)(1) of the Social Security Act ( 42 U.S.C. 1395w–27(g)(1) ) is amended— (A) in subparagraph (J), by striking or ; (B) by redesignating subparagraph (K) as subparagraph (L); (C) by inserting after subparagraph (J) the following new subparagraph: (K) fails to comply with sections 1852(d)(7) or 1852(d)(8); or ; and (D) in subparagraph (L) (as so redesignated), by striking through (J) and inserting through (K) . (2) Sanctions not applicable to part D Title XVIII of the Social Security Act is amended— (A) in section 1860D–12(b)(3)(E) ( 42 U.S.C. 1395w–112(b)(3)(E) ), by striking paragraph (1)(F) and inserting paragraphs (1)(F) and (1)(K) ; and (B) in section 1894(e)(6)(B) ( 42 U.S.C. 1395eee(e)(6)(B) ), by inserting (other than paragraph (1)(K) of such section) after 1857(g)(1) . (c) Network access adequacy standards Beginning with plan year 2015, in applying the network access adequacy standards pursuant to section 1852(d)(1) of the Social Security Act ( 42 U.S.C. 1395w–22(d)(1) ), the Secretary of Health and Human Services shall seek input from patient advocacy groups, providers of services and suppliers, and MA plans under part C of title XVIII of such Act. (d) Medicare Advantage Plan Compare Tool Not later than September 30, 2015, the Secretary of Health and Human Services shall take such measures as are necessary to ensure that the Medicare Advantage Compare Tool takes into account the preferences and utilization needs of such individuals.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4998ih/xml/BILLS-113hr4998ih.xml
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113-hr-4999
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I 113th CONGRESS 2d Session H. R. 4999 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. DelBene (for herself, Mr. Takano , Mr. Michaud , Ms. Norton , Mr. McGovern , Ms. Brownley of California , Mr. Sean Patrick Maloney of New York , Mr. Waxman , Ms. Speier , Mr. Thompson of California , Mr. Pocan , Ms. Bass , Mr. Polis , Ms. Lee of California , Mr. Murphy of Florida , Mr. Smith of Washington , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to extend and expand the membership of the Advisory Committee on Minority Veterans to include veterans who are lesbian, gay, or bisexual and veterans who are transgender.
1. Short title This Act may be cited as the Voices for Veterans Act . 2. Extension and expansion of membership of the Advisory Committee on Minority Veterans to include veterans who are lesbian, gay, or bisexual and veterans who are transgender (a) Expansion of membership Subsection (a)(2)(A) of section 544 of title 38, United States Code, is amended— (1) in clause (iv), by striking and at the end; (2) in clause (v), by striking the period at the end and inserting ; and ; and (3) by inserting after clause (v) the following new clauses: (vi) veterans who are lesbian, gay, bisexual, or transgender. . (b) Extension Subsection (e) of such section is amended by striking December 31, 2014 and inserting December 31, 2017 . (c) Effective date Clause (vi) of section 544(a)(2)(A) of title 38, United States Code, shall apply to appointments made on or after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr4999ih/xml/BILLS-113hr4999ih.xml
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113-hr-5000
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I 113th CONGRESS 2d Session H. R. 5000 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. Frankel of Florida (for herself, Ms. Moore , Mr. Conyers , Ms. Brown of Florida , Ms. Kaptur , Mrs. Negrete McLeod , Ms. Norton , Ms. Clark of Massachusetts , Ms. Lee of California , Ms. Hanabusa , Mr. Nadler , Ms. Matsui , Mr. Johnson of Georgia , Ms. DeLauro , Mr. Meeks , Mr. Crowley , Mr. Loebsack , Ms. McCollum , Mr. Honda , Mr. Cohen , Mr. Sablan , Mr. Lowenthal , Ms. Schakowsky , Ms. Eddie Bernice Johnson of Texas , Mr. Langevin , Mr. Rush , Mr. Enyart , Mr. Butterfield , Mr. Rangel , Ms. Meng , Ms. Titus , Mrs. Bustos , Ms. Chu , Mr. Hastings of Florida , Mr. Cicilline , Mr. Grayson , Mr. Grijalva , Mr. Yarmuth , Mr. Garamendi , Mr. Deutch , Ms. Castor of Florida , Ms. Edwards , Ms. Brownley of California , Ms. Pingree of Maine , Ms. Slaughter , Mr. Tonko , Ms. Bass , Ms. Hahn , Ms. Wilson of Florida , Mrs. Kirkpatrick , Ms. Sewell of Alabama , Mr. Sean Patrick Maloney of New York , Ms. Wasserman Schultz , Ms. Shea-Porter , Ms. Clarke of New York , Mr. Vargas , Ms. Fudge , Mr. McGovern , Ms. Esty , Mr. Ellison , Mr. Tierney , Mr. Keating , Mr. Carson of Indiana , Ms. Lofgren , and Mrs. Lowey ) 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 provide for child care services for families with infants or toddlers, and for other purposes.
1. Short title This Act may be cited as the Working Families Child Care Act of 2014 . 2. Findings Congress finds the following: (1) Child care for infants and toddlers is often difficult to access or afford. Only about a third of child care centers serve infants. While 70 percent of centers serve toddlers, only a third of teachers report that they care for children under age 3. About half of all requests to child care resource and referral agencies concern care for infants and toddlers. (2) Child care is second only to the family as the setting in which early development takes place for many infants and toddlers. Sixty-one percent of mothers with children younger than 3 years of age are in the labor force and over 6,000,000 children younger than 3 years of age are cared for by someone other than their parents for some part or all of the day. Therefore, the relationship between the child and the child care provider often plays a significant role in child development. (3) Dramatic brain development in a child’s first 3 years of life, shaped by the quality of early experiences and relationships with trusted adults, builds the foundational architecture for thinking, reasoning, language, emotion, and self-regulation. (4) Early adverse experiences, such as economic hardship, unstable housing, poor nutrition, abuse or neglect, or parental mental health or substance abuse problems, affect brain development, with effects on long-term productivity and health that can last a life-time. Children with such hardships early in life often experience high levels of chronic stress, which can alter the brain’s architecture and undermine developing biological systems. Almost half of all infants and toddlers live in low-income families, and 61 percent have at least one risk factor for poor health or developmental outcomes. (5) Teachers serving infants and toddlers receive wages that are 28 percent lower than those of teachers serving 3–5 year olds. Some difference remains even when education is taken into account. The median hourly wage for a teacher with a BA degree serving infants and toddlers is $11.30 compared with $15.50 for teachers serving 3–5 year-olds. (6) Low reimbursement rates to providers make it extremely challenging to offer high quality care to low-income children. In 2013, just three states set their reimbursement rates at the 75th percentile of current market rates. Many states set their rates substantially below the 75th percentile. (7) Research shows that high-quality child care can mitigate some of the effects of adverse experiences, including poverty, and that low-income children in particular can benefit from high-quality child care that provides nurturing, child-centered teachers and a safe, predictable environment. Yet, at-risk children younger than 3 years of age often receive low-quality child care that can lead to poor developmental outcomes. (8) High-quality child care has been shown to promote positive cognitive, language, and social and emotional development, and contribute to academic success. Specifically, high-quality child care can also help improve a child’s communication skills, behavioral skills, math and language assessment scores, and verbal intelligence. (9) Research has found strong connections between provider education and training levels and child care quality, including positive caregiving that can improve child outcomes. More than a quarter of infant-toddler teachers have only a high school education, twice the rate for teachers of preschool age children. 19 percent of infant-toddler teachers have a bachelor’s degree compared with 45 percent of teachers of 3–5 year olds. Twenty-seven States have an infant-toddler credential defining the particular knowledge and skills needed to work with children younger than 3 years of age, but only 17 States require specific qualifications for infant-toddler staff. (10) Twenty-four percent of infants and toddlers receiving CCDBG subsidies are cared for in family child care homes. Family child care networks that create a supportive relationship with a specially trained coordinator and provide on-site training and mentoring have been shown to improve the quality of family child care providers. (11) Twenty-seven States use infant and toddler specialist networks as the structure for providing training and technical assistance, using research-based training and techniques such as mentoring and on-site coaching, to all types of providers of child care for infants or toddlers. (12) Infants and toddlers have unique needs that differ from those of older children in areas such as health and safety, interaction with teachers and caregivers, and learning, yet not all States recognize those differences in their Quality Rating and Improvement Systems. Just 16 States have infant and toddler standards in their Quality Rating and Improvement Systems. 3. Mandatory child care funding for families with infants or toddlers Section 418 of the Social Security Act ( 42 U.S.C. 618 ) is amended by adding at the end the following: (e) Supplemental entitlement for child care assistance for families with infants or toddlers (1) In general Each State to which an amount is required to be paid under subsection (a)(2)(C) for a fiscal year shall, for the purpose of providing child care assistance for families with a child who has not attained 3 years of age, be entitled to payments for the fiscal year under a grant made under this subsection. (2) Federal matching of state expenditures The amount of the grant payable to a State under this subsection for a fiscal year shall be the lesser of— (A) the allotment of the State under paragraph (3) for the fiscal year; or (B) the Federal medical assistance percentage for the State for the fiscal year (as defined in section 1905(b), as such section was in effect on September 30, 1995) of the total amount of the State's expenditures for child care in the fiscal year not taken into account under subsection (a)(2) for the fiscal year. (3) Allotments to states The allotment of a State under this paragraph for a fiscal year shall be— (A) the total amount available for payments to States under this subsection for the fiscal year, after making the reservation required by paragraph (6); multiplied by (B) (i) the number of children who have not attained 3 years of age who reside in the State; divided by (ii) the total number of such children who reside in all States. (4) Redistribution (A) In general The 1st sentence of subsection (a)(2)(D)(i) shall apply with respect to amounts appropriated under paragraph (5) of this subsection in the same manner in which that sentence applies with respect to amounts appropriated under subsection (a)(3). The amounts available for redistribution by reason of the preceding sentence shall be redistributed to a State based on the formula set forth in paragraph (3)(B) of this subsection. (B) Time of determination and distribution Subsection (a)(2)(D)(ii) shall apply with respect to amounts appropriated under paragraph (5) of this subsection in the same manner in which subsection (a)(2)(D)(ii) applies with respect to amounts appropriated under subsection (a)(3). (5) Appropriation For grants under this subsection, there are appropriated $2,000,000,000 for each fiscal year. (6) Indian tribes The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the aggregate amount appropriated to carry out this section in each fiscal year for payments to Indian tribes and tribal organizations. (7) Use of funds Notwithstanding subsection (c), subsection (b) shall apply with respect to amounts appropriated under paragraph (5) of this subsection in the same manner in which subsection (b) applies with respect to amounts appropriated under subsection (a)(3), except that amounts received by a State under this subsection shall be used— (A) to provide child care assistance only to families described in paragraph (1) of this subsection who are not otherwise receiving child care assistance under this section; and (B) to increase reimbursement rates to providers of child care services to such families. . 4. High-quality infant and toddler child care program (a) High-Quality infant and toddler care program The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G ( 42 U.S.C. 9858e ) the following: 658H. High-quality infant and toddler care program (a) Definitions In this section: (1) Eligible infant or toddler care provider The term eligible infant or toddler care provider means an eligible child care provider, consistent with section 658P, who provides care to an infant or toddler. (2) Infant or toddler The term infant or toddler means an individual under 3 years of age. (3) Infant or toddler with a developmental delay or disability (A) In general The term infant or toddler with a developmental delay or disability has the meaning given the term infant or toddler with a disability in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 ). (B) Plural form The term infants and toddlers with developmental delays or disabilities means more than 1 infant or toddler with a developmental delay or disability. (4) Dual language learner The term dual language learner means an individual who is limited English proficient as defined in section 637 of the Head Start Act ( 42 U.S.C. 9832 ). (5) Low-income community The term low-income community shall be defined by the Secretary. (6) Low-income family The term low-income family means a family with a family income described in section 658P(4)(B). (b) Grants (1) In general The Secretary shall make grants to eligible States, from allotments described in paragraph (2), to enable the States to improve the quality of care for infants and toddlers. (2) Allotments (A) Amounts reserved (i) Territories and possessions The Secretary shall reserve an amount not to exceed 0.5 percent of the amount appropriated under this section for each fiscal year for payments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs. (ii) Indian tribes The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated under this section for each fiscal year for payments to Indian tribes and tribal organizations with applications approved under section 658O(c). (B) Allotments to states After making reservations under subparagraph (A), the Secretary shall use the remainder of the amount appropriated under this section for a fiscal year to allot to each State an amount that bears the same relationship to that remainder as the amount allotted to the State under section 658O for that fiscal year bears to the amount allotted to all States under section 658O for that fiscal year. (C) State In this paragraph, the term State does not include Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands. (c) Amendment to State plans A State that receives a grant under this section shall include in the State's plan under section 658E, a description of how the State will use funds provided under this section to improve the quality of infant and toddler care. (d) Use of funds (1) In general A State that receives a grant under this section shall use the funds made available through the grant to carry out 1 or more of the activities described in paragraphs (2) through (7). (2) Increasing high-quality infant and toddler care (A) In general A State may use the funds described in paragraph (1) to make grants to eligible entities to be resources for eligible infant and toddler care providers, to improve the quality of early care and development services provided to infants and toddlers in the community from low-income families and to help such providers serving low-income families improve their capacity to offer high-quality care to such families. (B) Eligible entity To be eligible to receive a grant under this paragraph, an entity shall be an eligible child care provider that— (i) serves infants and toddlers from low-income families; and (ii) (I) is ranked at the top level of the State’s Quality Rating and Improvement System or similar rating system or accredited by a national accrediting body recognized, before the date of enactment of the Infant and Toddler Care Improvement Act, for high-quality program standards that are valid and reliable; or (II) is an Early Head Start agency under section 645A of the Head Start Act ( 42 U.S.C. 9840a ) that is in full compliance with the performance standards applicable to such an agency under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (C) Priority In making grants under this paragraph, a State— (i) shall give priority to entities that will serve significant populations of low-income families; and (ii) may give priority to entities that— (I) are located in low-income communities; (II) will serve communities with significant populations of families with children who are dual language learners; or (III) will increase the ability of caregivers to provide appropriate services and coordinate activities with State and local systems providing services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ) for children with developmental delays or disabilities, including such children in the child welfare system of the State. (3) Staffed family child care networks or systems (A) In general A State may use the funds described in paragraph (1) to make grants to organizations with expertise in providing child care and related technical assistance, to establish new staffed family child care networks (new as of the date of amendment of the State plan under subsection (c)) or to operate existing staffed family child care networks or systems that offer, to family child care providers who are eligible infant and toddler care providers, technical assistance, training, administrative support, or direct services including monitoring visits to providers. (B) Priority In making grants under this paragraph, a State— (i) shall give priority to organizations described in paragraph (2)(C)(I); and (ii) may give priority to organizations that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). (4) Statewide network of infant and toddler specialists (A) In general A State may use the funds described in paragraph (1) to support, or to make a grant to an organization with expertise in providing child care technical assistance to support, a statewide network of specialists who are eligible infant and toddler care providers, that shall— (i) provide individual or group training and intensive consultation services to eligible infant and toddler care providers, including relative caregivers, on strategies to improve the quality of care for infants and toddlers; and (ii) assist eligible infant and toddler care providers in coordinating activities with other offices responsible for child care, including Early Head Start programs and Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.). (B) Priority In delivering services or making grants under this paragraph, a State— (i) shall give priority to networks that deliver support to providers described in paragraph (2)(C)(i); and (ii) may give priority to networks that deliver support to providers that have 1 or more of the 3 characteristics described in paragraph (2)(C)(ii). (5) State workforce quality initiatives (A) In general A State may use the funds described in paragraph (1) to support initiatives to improve the quality of the workforce of eligible infant and toddler care providers, including activities that are culturally and linguistically competent to support a diverse workforce reflecting the race and ethnicity of children served, such as— (i) providing relevant training, professional development, or mentoring to eligible infant and toddler care providers, including linking the training, development, or mentoring to career pathways for eligible infant and toddler care providers; (ii) providing scholarships or other financial support to eligible infant and toddler care providers to advance their education and training; (iii) coordinating activities with the State’s higher education system to expand the availability and quality of coursework for infant and toddler care providers, including developing career pathways for eligible infant and toddler care providers; or (iv) improving the State credentialing of eligible infant and toddler care providers. (6) Systems quality A State may use the funds described in paragraph (1) to— (A) develop infant and toddler components for the State's Quality Rating and Improvement System or similar rating system, child care licensing regulations, or voluntary early learning guidelines; (B) improve the ability of parents to obtain information about high-quality infant and toddler care; or (C) assist eligible infant and toddler care providers seeking to improve the quality of their infant and toddler care by increasing their ranking on the State’s Quality Rating and Improvement System or similar rating system, meeting performance standards applicable to an Early Head Start agency under the Head Start Act ( 42 U.S.C. 9831 et seq. ), or becoming accredited by a national accrediting body described in paragraph (2)(B)(ii). (7) Other high-quality initiatives A State may use the funds described in paragraph (1) to carry out other activities determined by the State to improve the quality of infant and toddler care provided in the State and for which there is evidence that the activities will lead to improved infant and toddler safety, infant and toddler development, or infant and toddler well-being. (e) Reporting A State that receives a grant under subsection (b) shall submit in the State's annual reports required under section 658K(a)(2), information on how the State is using the funding provided under subsection (b) to improve the quality of infant and toddler care and the effect such funding is having on the quality of infant and toddler care in the State. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $500,000,000 for fiscal year 2015 and $500,000,000 for each subsequent fiscal year. . (b) Conforming amendments (1) Authorization Section 658B of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 ) is amended by inserting (other than section 658H) after subchapter . (2) Allotment Section 658O(a)(1) of such Act ( 42 U.S.C. 9858m(a)(1) ) is amended by striking this subchapter and inserting section 658B .
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113-hr-5001
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I 113th CONGRESS 2d Session H. R. 5001 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. Fudge (for herself, Ms. Wilson of Florida , Mr. Hinojosa , and Mr. Honda ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to provide for State accountability in the provision of access to the core resources for learning, and for other purposes.
1. Short title This Act may be cited as the Core Opportunity Resources for Equity and Excellence Act of 2014 . 2. State and school district accountability (a) In general Title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended— (1) in section 1111— (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A), by inserting that lead to college and career readiness by high school graduation and after challenging student academic achievement standards ; and (II) in subparagraph (D)(i)— (aa) in subclause (II), by striking and after the semicolon; and (bb) by adding at the end the following: (IV) lead to college and career readiness by high school graduation; and ; and (ii) in paragraph (2), by adding at the end the following: (L) State accountability in the provision of access to the core resources for learning (i) In general Each State plan shall demonstrate that the State has developed an accountability system that ensures that the State’s public school system provides all students within the State an education that enables the students to succeed from the earliest grades, and graduate from high school ready for college, career, and citizenship, through— (I) the provision of fair and equitable access to the core resources for learning; (II) the provision of educational services in local educational agencies that receive funds under this part; and (III) compliance with any final Federal or State court order in any matter concerning the adequacy or equitableness of the State’s public school system. (ii) Core resources for learning The core resources for learning are the resources and student supports necessary to provide all students the opportunity to develop the knowledge and skills that lead to college and career readiness by high school graduation. Such resources shall include the following: (I) High-quality instructional teams, including licensed, credentialed, and profession-ready teachers, principals, school librarians, counselors, and education support personnel. (II) Rigorous academic standards and curricula that lead to college and career readiness by high school graduation, including the extent to which each local educational agency provides access to such standards and curricula in a manner that is accessible to all students, including students with disabilities and English learners. (III) Equitable and instructionally appropriate class sizes. (IV) Up-to-date instructional materials, technology, and supplies, including textbooks, computers, mobile devices, and access to broadband. (V) Effective school library programs. (VI) School facilities and technology, including physically and environmentally sound school buildings and well-equipped instructional spaces, including laboratories and libraries. (VII) Specialized instruction support teams, including school counselors, school social workers, school psychologists, school nurses, and other qualified professionals involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. (VIII) Effective programs for family and community engagement in education. (iii) Reporting Each State desiring to receive a grant under this part shall annually report to the Secretary how the State is meeting the requirements for providing equitable access to the core resources for learning as required in clause (i) and any areas of inequitable access, plans to address such inequities, and progress toward eliminating such inequities. (iv) Accountability and remediation A State that fails to make progress toward eliminating inequities in access to the core resources for learning as required in clause (i) identified for 2 or more consecutive years shall not be eligible to receive funds under any competitive grant program authorized under this Act. ; and (B) in subsection (h)— (i) in paragraph (1)(C)(vii), by striking information on the performance of local educational agencies in the State regarding making adequate yearly progress, including the number and names of each school identified for school improvement under section 1116 and inserting information on the performance of local educational agencies in the State in providing fair and equitable access to the core resources for learning and the number and names of each school and each agency identified for improvement under section 1116 or under the terms of any waiver granted under section 9401 ; (ii) in paragraph (2)(B)— (I) in clause (i)— (aa) in subclause (I), by striking and after the semicolon; and (bb) by adding at the end the following: (III) information that shows how students served by the local educational agency are provided access to the core resources for learning compared to students in the State as a whole; and ; (II) in clause (ii)— (aa) in subclause (I), by striking and after the semicolon; (bb) in subclause (II), by striking the period at the end and inserting ; and ; and (cc) by adding at the end the following: (III) information that shows how the school’s students are provided access to the core resources for learning compared to students in the local educational agency and the State as a whole. ; (iii) in paragraph (4)— (I) in subparagraph (F), by striking and after the semicolon; (II) in subparagraph (G), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (H) the number and names of each local educational agency identified for improvement under section 1116 or under the terms of any waiver granted under section 9401, the reason each such agency was so identified, and the measures taken to address the achievement problems of each such agency. ; (2) in section 1116(c), by striking paragraph (3) and inserting the following: (3) Identification of local educational agency for improvement (A) In general A State shall identify for improvement— (i) any local educational agency that, for 2 consecutive years, including the period immediately prior to the date of enactment of the No Child Left Behind Act of 2001, failed to make adequate yearly progress as defined in the State's plan under section 1111(b)(2); or (ii) any local educational identified under the terms of a waiver granted under section 9401. (B) Intervention in local educational agencies identified for improvement With respect to each local educational agency identified for improvement by a State under this section or under the terms of any waiver granted under section 9401, the State— (i) shall identify any inequities in access to the core resources for learning in the schools served by the agency; and (ii) in partnership with such agency, shall develop and implement a plan to address identified inequities in access to the core resources for learning. . (b) Restrictions on waivers Section 9401(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861(c) ) is amended— (1) in paragraph (9)(C), by striking or after the semicolon; (2) in paragraph (10), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (11) accountability for the provision of the core resources for learning. .
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113-hr-5002
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I 113th CONGRESS 2d Session H. R. 5002 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Gerlach (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify and extend the credit for nonbusiness energy property.
1. Short title This Act may be cited as the Home Energy Savings Act of 2014 . 2. Modification and extension of credit for nonbusiness energy property (a) Credit made permanent Section 25C of the Internal Revenue Code of 1986 is amended by striking subsection (g). (b) Modification to limitations Subsection (b) of section 25C of the Internal Revenue Code of 1986 is amended— (1) by striking $500 in paragraph (1) and inserting $1,000 , and (2) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (c) Labor costs included in credit Paragraph (1) of section 25C(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the component. . (d) Roofs Section 25C(c) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1), by striking a metal roof with appropriate pigmented coatings, or an asphalt roof with appropriate cooling granules, and inserting or a roofing product , and (2) in paragraph (2)(D), by striking any metal roof or asphalt roof installed on a dwelling unit, but only if such roof has appropriate pigmented coatings or cooling granules which are and inserting any roofing product installed on a dwelling unit, but only if such roofing product is . (e) Modifications to residential energy property expenditures (1) Qualified natural gas, propane, or oil furnaces or hot water boilers Paragraph (4) of section 25C(d) of the Internal Revenue Code of 1986 is amended to read as follows: (4) Qualified natural gas, propane, or oil furnace or hot water boiler The term qualified natural gas, propane, or oil furnace or hot water boiler means— (A) a natural gas or propane furnace which achieves an annual fuel utilization efficiency rate of not less than 95, (B) a natural gas or propane hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 90, (C) an oil furnace or hot water boiler which— (i) achieves an annual fuel utilization efficiency rate of not less than 86, and (ii) (I) in the case of a hot water boiler, is installed with temperature reset or thermal purge controls and an indirect water heater, and (II) in the case of a furnace, is installed with an electronically commutated blower motor. . (2) Water heaters (A) In general Paragraph (3) of section 25C(d) of the Internal Revenue Code of 1986 is amended— (i) by striking electric heat pump water heater in subparagraph (A) and inserting integrated heat pump water heater , (ii) by striking a natural gas, propane, or oil water heater in subparagraph (D) and inserting an oil water heater , and (iii) by redesignating subparagraph (E) as subparagraph (G) and inserting after subparagraph (D) the following new subparagraphs: (E) a natural gas or propane storage water heater with an energy factor of at least 0.67 or a thermal efficiency of at least 90 percent, (F) a natural gas or propane tankless water heater with an energy factor of at least 0.82 or a thermal efficiency of at least 90 percent, and . (B) Limitation Paragraph (2) of section 25C(b) of such Code, as redesignated by subsection (b), is amended by striking subparagraphs (A) through (C) and inserting the following: (A) $1,000 in the case of— (i) any water heater described in subsection (d)(3)(A), (ii) any natural gas storage water heater described in subsection (d)(3)(E) which— (I) has an energy factor of 0.80 or higher, or (II) has a thermal efficiency of at least 90 percent, and (iii) any natural gas tankless water heater described in subsection (d)(3)(F) which— (I) has an energy factor of 0.90 or higher, or (II) has a thermal efficiency of at least 90 percent, and (B) $500 in the case of— (i) any natural gas storage water heater described in subsection (d)(3)(E) which has an energy factor which is at least 0.67 and less than 0.80, and (ii) any natural gas tankless water heater described in subsection (d)(3)(F) which has an energy factor which is at least 0.82 and less than 0.90. . (f) Documentation requirement Subsection (e) of section 25C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Documentation (A) In general No credit shall be allowed under subsection (a) for any amount paid or incurred for a qualified energy efficiency improvement or for any residential energy property expenditure unless the taxpayer includes on the return of tax for the taxable year the verifiable product identification number with respect to— (i) in the case of a qualified energy efficiency improvement, the component installed in or on the taxpayer's dwelling unit, and (ii) in the case of a residential energy property expenditure, the qualified energy property. (B) Verifiable product identification number For purposes of this paragraph, the term verifiable product identification number means— (i) in the case of any insulation material or system described in subsection (c)(2)(A)— (I) if such material or system is installed by a contractor, a signed and dated statement from the contractor describing the insulation installed, including the thickness, coverage area, R-value, and such other information required by the Secretary, in consultation with the Chairman of the Federal Trade Commission, and (II) in any other case, such information about the material or system installed as the Secretary may require, (ii) in the case of any exterior door, exterior window, or skylight, the National Fenestration Rating Council certified product detail number or such other identification number determined by the Secretary, (iii) in the case of any roof described in subsection (c)(2)(C), the Cool Roof Rating Council rated roofing product identification number or such other identification number determined by the Secretary, and (iv) in the case of any qualified energy property, the Air-Conditioning Heating and Refrigeration Institute certified reference number or such other identification number used for heating, air conditioning, ventilation, or water heating equipment as determined by the Secretary. . (g) Effective dates (1) In general Except as provided by paragraph (2), the amendments made by this section shall apply to property placed in service after December 31, 2013. (2) Permanent extension The amendment made by subsection (a) shall apply to property placed in service after December 31, 2013.
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113-hr-5003
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I 113th CONGRESS 2d Session H. R. 5003 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Gingrey of Georgia (for himself, Mr. Lewis , and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To adjust the boundary of the Kennesaw Mountain National Battlefield Park to include the Wallis House and Harriston Hill, and for other purposes.
1. Short title This Act may be cited as the Kennesaw Mountain National Battlefield Park Boundary Adjustment Act of 2014 . 2. Findings The Congress finds the following: (1) Kennesaw Mountain National Battlefield Park was authorized as a unit of the National Park System on June 26, 1935. Prior to 1935, parts of the park had been acquired and protected by Civil War veterans and the War Department. (2) Kennesaw Mountain National Battlefield Park protects Kennesaw Mountain and Kolb’s Farm, which are battle sites along the route of General Sherman’s 1864 campaign to take Atlanta. (3) Most of the park protects Confederate positions and strategy. The Wallis House is one of the few original structures remaining from the Battle of Kennesaw Mountain associated with Union positions and strategy. (4) The Wallis House is strategically located next to a Union signal station at Harriston Hill. 3. Boundary adjustment; land acquisition; administration (a) Boundary adjustment The boundary of the Kennesaw Mountain National Battlefield Park is modified to include the approximately 8 acres identified as Wallis House and Harriston Hill , and generally depicted on the map titled Kennesaw Mountain National Battlefield Park, Proposed Boundary Adjustment , numbered 325/80,020, and dated February 2010. (b) Map The map referred to in subsection (a) shall be on file and available for inspection in the appropriate offices of the National Park Service. (c) Land acquisition The Secretary of the Interior is authorized to acquire, from willing owners only, land or interests in land described in subsection (a) by donation or exchange. (d) Administration of acquired lands The Secretary of the Interior shall administer land and interests in land acquired under this section as part of the Kennesaw Mountain National Battlefield Park in accordance with applicable laws and regulations.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5003ih/xml/BILLS-113hr5003ih.xml
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113-hr-5004
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I 113th CONGRESS 2d Session H. R. 5004 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Himes (for himself, Mr. Delaney , Mr. Welch , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To improve the energy efficiency of multifamily housing in the United States, and for other purposes.
1. Short title This Act may be cited as the Multifamily Housing Energy Efficiency Improvement Act of 2014 . 2. Study of relationship between energy savings improvements and mortgage performance (a) Study Not later than 90 days after the date of the enactment of this Act, the Secretary of Housing and Urban Development, in coordination with the Director of the Federal Housing Finance Agency and in consultation with the Secretary of Energy, shall commence a study to analyze the relationship between energy savings improvements to homes and buildings, utility and energy expenses, and mortgage performance, which shall include an analysis of— (1) the likely increase in value of homes or buildings from energy savings improvements; (2) the effect of energy savings improvements on mortgage default rates; and (3) the risks of financing energy savings improvements through property assessments and the risks associated with providing energy efficiency products with senior liens on buildings or homes. (b) Protection of information In conducting the study required under subsection (a), the Secretary shall ensure that data shared with any third-party or published does not contain any personally identifiable information. (c) Publication Not later than one year after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall— (1) publish the results of the study required under subsection (a) on the publicly available website of the Department of Housing and Urban Development; and (2) submit a report regarding the results of the study required under subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (d) Evaluation Not later than 12 months after the completion of the study required by subsection (a), the Secretary and the Director of the Federal Housing Finance Agency shall evaluate departmental procedures and policies to assess if they accurately reflect the energy expenses and benefits of energy savings improvements for homeowners and building owners. 3. Improvements to existing multifamily housing energy efficiency programs (a) Green refinancing Section 223 of the National Housing Act ( 12 U.S.C. 1715n ) is amended by adding at the end the following new subsection: (h) Green refinancing The Secretary shall, by regulation, establish a green refinancing program for multifamily housing projects insured under subsection (f) under which any dollar amount limitations which would otherwise apply with respect to a project may be increased by up to 20 percent for the cost of residential energy conservation measures for the project, but the Secretary shall only insure residential energy conservation measures pursuant to this subsection if the Secretary verifies that— (1) a third-party assessment procured by the lender or borrower has been conducted of the project’s physical needs, including an energy audit and identification of cost-effective opportunities for increasing energy and water efficiency and achieving a reduction in energy and water costs, and such assessment indicates that such energy conservation measures will be cost-effective over the life of the conservation measure; and (2) such energy conservation measures will be verified and monitored over the life of the mortgage, using such method as the Secretary determines appropriate. For purposes of this subsection, the term energy conservation measure has the meaning given such term in section 221(k)(3) ( 12 U.S.C. 1715l(k)(3) ). . (b) Verification of cost-Effectiveness of residential energy conservation measures Subsection (k) of section 221 of the National Housing Act ( 12 U.S.C. 1715l(k) ) is amended— (1) by striking and will be cost-effective over the life of the measure ; (2) by striking (k) With respect to any project and inserting the following: (k) Financing of solar energy systems and residential energy conservation measures (1) Authority Subject to paragraph (2), with respect to any project ; and (3) by adding at the end the following new paragraphs: (2) Verification regarding residential energy conservation measures The Secretary may increase the dollar amount limitations pursuant to paragraph (1) with respect to a project due to residential energy conservation measures for the project only if the Secretary— (A) verifies that in the case of a mortgage insured under this section financing new construction of the project, such measures will be cost-effective over the life of the measures; (B) in the case of a mortgage insured under this section financing repair and rehabilitation of the project, verifies that a third-party assessment procured by the lender or borrower has been conducted of the project’s physical needs, including an energy audit and identification of cost-effective opportunities for increasing energy and water efficiency and achieving a reduction in energy and water costs, and such assessment indicates that the energy conservation measures to be installed will be cost-effective over the life of the measures; and (C) ensures that the project is provided information that will enable the project to verify and monitor the energy savings achieved by the energy conservation measures on a voluntary basis. (3) Definition of energy conservation measure For purposes of this subsection, the term energy conservation measure means, with respect to a project, any measure that will result in a reduction in energy, water, or gas consumption for the project. . (c) Implementation (1) Guidance The Secretary of Housing and Urban Development shall issue guidance to implement the amendments made by this section not later than the expiration of the 12-month period beginning on the date of the enactment of this Act. (2) Annual report on energy efficiency improvements The Secretary of Housing and Urban Development shall, on an annual basis, make available on a publicly available website of the Department a report describing the implementation of the amendments made by this section and the programs for financing residential energy conservation measures under sections 221(k) and 223(h) of the National Housing Act ( 12 U.S.C. 1715l(k) , 1715n(h)) as amended by such amendments. 4. Multifamily housing energy efficiency innovation (a) Multifamily housing energy innovation plan The Secretary of Housing and Urban Development shall carry out a program to be known as the Multifamily Housing Energy Innovation Plan to make grants to eligible entities to establish or expand an energy savings plan that uses innovative approaches to reduce energy, water, and/or gas consumption in multifamily housing. (b) Submission and selection of multifamily housing energy innovation plans (1) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include— (A) a description of the energy savings plan established or expanded using amounts from a grant under this section that includes goals of the plan, use of grant funds, and the anticipated outcome of the plan; (B) the amount of grant funds needed for such plan and the amount and sources of other funding, including matching funds required under subsection (d)(1); and (C) a description of how implementing such plan will comply with the energy savings requirement under subsection (c)(2). (2) Selection The Secretary shall establish criteria for selection of applications submitted under paragraph (1) to receive grants under this section and shall select eligible entities to receive grants based on such criteria. Such criteria shall be based upon— (A) the relevant experience and capacity of the eligible entity to carry out the energy savings plan to be assisted with grant amounts and to achieve the stated goals of such plan; (B) the extent to which such plan provides an innovative approach to reducing energy consumption in multifamily housing; (C) the ability of such plan to be replicated by others; and (D) such other factors as the Secretary determines to be appropriate. (3) Priority In awarding grants under this section, the Secretary shall give priority to applications based on— (A) the extent of funding for the energy savings plan secured by the eligible entity from private, nonprofit, or government sources in addition to the matching funds required under subsection (d)(1); (B) the extent of the proposed benefit of the energy savings plan to low-income families; and (C) the extent to which the energy savings plan would reduce budgetary expenses for the Department of Housing and Urban Development. (c) Use of grant funds (1) Eligible energy savings plans Amounts from grants under this section may be used only for energy savings plans that— (A) are financing demonstrations for multifamily housing, including for financing through credit enhancements, revolving loan funds, loan loss reserves, interest rate subsidies, loan insurance, or other financing methods approved by the Secretary; (B) create green jobs, including in the fields of construction, property management, and technical analysis, that directly promote the adoption of energy savings measures in multifamily housing, including energy savings plans that create green jobs for low-income families; (C) acquire and analyze data on the costs, benefits, challenges, and opportunities associated with retrofitting multifamily housing for energy efficiency; or (D) research and implement a demonstration project that— (i) creates retrofit or repair strategies that use readily available technologies to reduce or increase the efficiency of energy, water, and gas consumption that are not typically used for multifamily housing; (ii) addresses the split incentive problem, including implementing changes to methods for utility metering in multifamily housing; (iii) creates a system for benchmarking, tracking, and sharing energy consumption statistics for multifamily housing; or (iv) achieves another goal as approved by the Secretary. (2) Energy savings requirement Amounts from a grant under this section may be used only to carry out an energy savings plan described in paragraph (1) that will result in at least a 20-percent reduction in the energy, water, or gas consumption of multifamily housing and a description of the methodology to be used to compute the reduction in energy consumption. (d) Other requirements (1) Matching funds An eligible entity that receives a grant under this section shall contribute towards the energy savings plan amounts from private, nonprofit, or government sources that are not less than the amount of the grant. (2) Duration Grants shall be awarded for a period not to exceed 24 months. (3) Eligible entity report Not later than 12 months after the date on which the grant period of an eligible entity that received a grant under this section ends, each such eligible entity shall submit to the Secretary a report on the performance of energy savings plans carried out pursuant to this section that shall contain such information as the Secretary shall require. (e) Definitions In this section the following definitions shall apply: (1) Eligible entity The term eligible entity means a partnership between 2 or more of the following entities: (A) A State or unit of local government. (B) A provider of utility services. (C) A community housing development organization as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ). (D) A public housing agency as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (E) A non-profit or for-profit entity whose primary business is management of multifamily housing. (2) Energy savings plan The term energy savings plan means a program, project, or activity for energy savings or water and gas efficiency in multifamily housing. (3) Low-income families The term low-income families has the meaning given that term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (4) Multifamily housing The term multifamily housing means a residence consisting of 5 or more dwelling units. (5) Secretary The term Secretary means the Secretary of Housing and Urban Development. (6) Split incentive problem The term split incentive problem means, with respect to multifamily housing, a situation in which— (A) the occupant of a dwelling unit in the housing does not pay for energy, water, or gas consumption for such unit and is not incentivized to implement an energy savings measure; or (B) the owner does not pay for energy, water, or gas consumption for dwelling units in the housing and is not incentivized to implement an energy savings measure. (7) State The term State means each of the several States, the District of Columbia, and any territory or possession of the United States. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2015, $20,000,000 for fiscal year 2016, $15,000,000 for fiscal year 2017, and $10,000,000 for fiscal year 2018 to carry out this section. 5. Green preservation expansion During the 5-year period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development may waive any statutory or regulatory requirement regarding the eligibility of multifamily properties for an existing risk-sharing agreement entered into under section 542 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–22 ), but only if such waiver facilitates the adoption of energy or water conservation measures in such properties.
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113-hr-5005
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I 113th CONGRESS 2d Session H. R. 5005 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mrs. McCarthy of New York (for herself, Mr. George Miller of California , Mr. Scott of Virginia , Ms. Slaughter , Mr. Ellison , Mr. Capuano , Mrs. Davis of California , Mr. Hinojosa , Mr. Pascrell , Mr. Holt , Mr. Courtney , Mr. Hastings of Florida , Ms. Linda T. Sánchez of California , Mr. Tierney , Mr. Cárdenas , Mr. Grijalva , Ms. McCollum , Mrs. Carolyn B. Maloney of New York , Mr. Levin , Mr. Honda , Ms. Norton , Mr. Loebsack , Ms. Bass , Mr. Fattah , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To end the use of corporal punishment in schools, and for other purposes.
1. Short title This Act may be cited as the Ending Corporal Punishment in Schools Act of 2014 . 2. Findings Congress finds the following: (1) Behavioral interventions for children must promote the right of all children to be treated with dignity. All children have the right to be free from any corporal punishment. (2) Safe, effective, evidence-based strategies are available to support children who display challenging behaviors in school settings. (3) School personnel have the right to work in a safe environment and should be provided training and support to prevent injury and trauma to themselves and others. (4) According to the Department of Education’s Technical Assistance Center on School-Wide Positive Behavior Interventions and Support, outcomes associated with school-wide positive behavior support are decreased office discipline referrals, increased instructional time, decreased administrator time spent on discipline issues, efficient and effective use of scarce resources, and increased perception of school safety and sustainability through a team approach. (5) Nineteen States continue to permit corporal punishment in public schools. (6) According to Department of Education statistics, each year in the United States, hundreds of thousands of school children are subjected to corporal punishment in public schools. School corporal punishment is usually executed in the form of paddling , or striking students with a wooden paddle on their buttocks or legs, which can result in abrasions, bruising, severe muscle injury, hematomas, whiplash damage, life-threatening hemorrhages, and other medical complications that may require hospitalization. (7) Gross racial disparity exists in the execution of corporal punishment of public school children, and African-American schoolchildren are disproportionately corporally punished. The most recent available statistics show that African-American students make up 17.1 percent of the national student population, but 35.6 percent of all students subjected to physical punishment at school. (8) Public school children with disabilities are subjected to corporal punishment at disproportionately high rates, approximately twice the rate of the general student population in some States. (9) Corporal punishment is used in many instances for minor disciplinary infractions, such as being tardy or violating the dress code. (10) Corporal punishment has resulted in physical injury and psychological trauma to children in public and private schools. Social skills development after the use of corporal punishment may be severely altered, leading to aggressive behaviors. National research shows students have been subjected to corporal punishment in schools as a means of discipline, to force compliance, or as a substitute for appropriate educational support. (11) Children are protected from corporal punishment in other settings, such as hospitals, health facilities, Head Start programs, and nonmedical community-based facilities. Similar protections are needed in schools. (12) Prisoners in Federal prison are protected from corporal punishment. 3. Purposes The purposes of this Act are to— (1) eliminate the use of corporal punishment in schools; (2) ensure the safety of all students and school personnel in schools and promote a positive school culture and climate; and (3) assist States, local educational agencies, and schools in identifying and implementing effective evidence-based models to prevent and reduce— (A) corporal punishment in schools; (B) aversive behavior interventions that compromise health and safety; and (C) physical, emotional, or psychological abuse. 4. Prohibition against corporal punishment Subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f et seq. ) is amended by adding at the end the following: 448. Prohibition against corporal punishment (a) General prohibition No funds shall be made available under any applicable program to any educational agency or institution, including a local educational agency or State educational agency, that has a policy or practice which allows school personnel to inflict corporal punishment upon a student— (1) as a form of punishment; or (2) for the purpose of modifying undesirable behavior. (b) Local educational agencies (1) In general In the case of an applicable program under which a local educational agency may only receive funds through a State educational agency that is prohibited under subsection (a) from receiving funds under any applicable program, a local educational agency that is not prohibited under subsection (a) from receiving such funds may apply directly to the Secretary to receive funds under the program. (2) Certification Each local educational agency applying directly to the Secretary under paragraph (1) shall certify in such application that the agency is not prohibited under subsection (a) from receiving funds under any applicable program. (c) Rule of construction Nothing in this section shall be construed to preclude school personnel from using, within the scope of employment, reasonable restraint to the lightest possible degree upon a student, if— (1) the student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others; (2) less restrictive interventions would be ineffective in stopping such imminent danger of physical injury; and (3) the reasonable restraint ends immediately upon the cessation of the conditions described in paragraphs (1) and (2). (d) Definitions For purposes of this section— (1) the term corporal punishment has the meaning given such term in section 12 of the Ending Corporal Punishment in Schools Act of 2014 ; (2) the term educational agency or institution means any public or private agency or institution which is the recipient, or serves students who are recipients of, funds under any applicable program; (3) the terms local educational agency and State educational agency have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965; (4) the term school personnel has the meaning given such term in section 12 of the Ending Corporal Punishment in Schools Act of 2014 ; and (5) the term student includes any person who is in attendance at an educational agency or institution. . 5. State plan and enforcement (a) State plan Not later than 18 months after the date of enactment of this Act and every third year thereafter, each State educational agency shall submit to the Secretary a State plan that provides— (1) assurances to the Secretary that the State has in effect policies and procedures that eliminate the use of corporal punishment in schools; (2) a description of the State’s policies and procedures; and (3) a description of the State plans to ensure school personnel and parents, including private school personnel and parents, are aware of the State’s policies and procedures. (b) Enforcement (1) In general (A) Use of remedies If a State educational agency fails to comply with subsection (a), the Secretary shall— (i) withhold, in whole or in part, further payments under an applicable program (as such term is defined in section 400(c) of the General Education Provisions Act (20 U.S.C. 1221)) in accordance with section 455 of such Act (20 U.S.C. 1234d); (ii) enter into a compliance agreement in accordance with section 457 of the General Education Provisions Act ( 20 U.S.C. 1234f ); or (iii) issue a complaint to compel compliance of the State educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act (20 U.S.C. 1234e). (B) Cessation of withholding of funds Whenever the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency that is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments with respect to the State educational agency under such subparagraph. (2) Rule of construction Nothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act ( 20 U.S.C. 1221 et seq. ). (c) Rule of construction Nothing in this section shall be construed to preclude school personnel from using, within the scope of employment, reasonable restraint to the lightest possible degree upon a student, if— (1) the student’s behavior poses an imminent danger of physical injury to the student, school personnel, or others; (2) less restrictive interventions would be ineffective in stopping such imminent danger of physical injury; and (3) the reasonable restraint ends immediately upon the cessation of the conditions described in paragraphs (1) and (2). 6. Grant authority (a) In general From the amount appropriated under section 11, the Secretary may award grants to State educational agencies to assist the agencies in improving school climate and culture by implementing school-wide positive behavior support approaches. (b) Duration of grant A grant under this section shall be awarded to a State educational agency for a 3-year period. (c) Application Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including information on how the State educational agency— (1) will develop State training programs on school-wide positive behavior support approaches, such as training programs developed with the assistance of the Secretary (acting through the Office of Special Education Programs Technical Assistance Center on Positive Behavioral Interventions and Supports of the Department of Education); and (2) will target resources to schools and local educational agencies in need of assistance related to improving school culture and climate through positive behavior supports. (d) Authority To make subgrants (1) In general A State educational agency receiving a grant under this section may use such grant funds to award subgrants, on a competitive basis, to local educational agencies. (2) Application A local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (e) Private school participation (1) In general A local educational agency receiving subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel can participate, on an equitable basis, in activities supported by funds under this section. (2) Public control of funds The control of funds provided under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property. (f) Required activities A State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following: (1) Developing and implementing high-quality professional development and training programs, such as training programs developed with the assistance of the Secretary (acting through the Office of Special Education Programs Technical Assistance Center on Positive Behavioral Interventions and Supports of the Department of Education), to implement evidence-based systematic approaches to school-wide positive behavior supports, including improving coaching, facilitation, and training capacity for principals and other administrators, teachers, specialized instructional support personnel, and other staff. (2) Providing technical assistance to develop and implement evidence-based systematic approaches to school-wide positive behavior supports, including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom and throughout common areas. (3) Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement school-wide positive behavior supports with fidelity. (4) Supporting other local positive behavior support implementation activities consistent with this subsection, including outreach to families and community agencies and providers, such as mental health authorities. (g) Evaluation and report Each State educational agency receiving a grant under this section shall, at the end of the 3-year grant period for such grant, prepare and submit to the Secretary, a report that— (1) evaluates the State’s progress toward developing and implementing evidence-based systematic approaches to school-wide positive behavior supports; and (2) includes such information as the Secretary may require. (h) Department of the interior From the amount appropriated under section 11, the Secretary may allocate funds to the Secretary of the Interior for activities under this section with respect to schools operated or funded by the Department of the Interior, under such terms as the Secretary of Education may prescribe. 7. National assessment (a) National assessment The Secretary shall carry out a national assessment to— (1) determine compliance with the requirements of this Act; and (2) identify best practices with respect to professional development and training programs carried out under section 6, which shall include identifying evidence-based school personnel training models with demonstrated success (including models that emphasize positive behavior supports and de-escalation techniques over physical intervention). (b) Report The Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate— (1) an interim report that summarizes the preliminary findings of the assessment described in subsection (a) not later than 3 years after the date of enactment of this Act; and (2) a final report of the findings of the assessment not later than 5 years after the date of the enactment of this Act. 8. Protection and advocacy systems Protection and Advocacy Systems shall have the authority provided under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043) to investigate, monitor, and enforce protections provided for students under this Act and the amendments made by this Act. 9. Limitation of authority (a) In general Nothing in this Act shall be construed to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal, State, or local law or regulation. (b) Applicability (1) Private schools Nothing in this Act shall be construed to affect any private school that does not receive, or does not serve students who receive, support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education. (2) Home schools Nothing in this Act shall be construed to— (A) affect a home school, whether or not a home school is treated as a private school or home school under State law; or (B) consider parents who are schooling a child at home as school personnel. 10. Rule of construction on data collection Nothing in this Act shall be construed to affect the collection of information or data with respect to corporal punishment authorized under the statutes and regulations implementing title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000c ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 et seq. ), or the Department of Education Organization Act ( 20 U.S.C. 3401 et seq. ). 11. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2015 and each of the 4 succeeding fiscal years. 12. Definitions In this Act: (1) Corporal punishment The term corporal punishment means paddling, spanking, or other forms of physical punishment, however light, imposed upon a student. (2) Educational service agency The term educational service agency has the meaning given such term in section 9101(17) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(17) ). (3) Elementary school The term elementary school has the meaning given the term in section 9101(18) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(18) ). (4) Local educational agency The term local educational agency has the meaning given the term in section 9101(26) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(26) ). (5) Parent The term parent has the meaning given the term in section 9101(31) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(31) ). (6) Positive behavior supports The term positive behavior supports means a systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture, including a range of systemic and individualized strategies to reinforce desired behaviors and diminish reoccurrence of problem behaviors, in order to achieve improved academic and social outcomes and increase learning for all students, including those with the most complex and intensive behavioral needs. (7) Protection and advocacy system The term protection and advocacy system means a protection and advocacy system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ). (8) School The term school means an entity— (A) that— (i) is a public or private— (I) day or residential elementary school or secondary school; or (II) early childhood, elementary school, or secondary school program that is under the jurisdiction of a school, local educational agency, educational service agency, or other educational institution or program; and (ii) receives, or serves students who receive, support in any form from any program supported, in whole or in part, with funds appropriated to the Department of Education; or (B) that is a school funded or operated by the Department of the Interior. (9) School personnel The term school personnel has the meaning— (A) given the term in section 4151(10) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161(10)); or (B) given the term school resource officer in section 4151(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7161(11) ). (10) Specialized instructional support personnel The term specialized instructional support personnel means school counselors, school social workers, school nurses, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, health, therapeutic, and other necessary corrective or supportive services. (11) Secondary school The term secondary school has the meaning given the term in section 9101(38) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(38) ). (12) Secretary The term Secretary means the Secretary of Education. (13) State The term State has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (14) State educational agency The term State educational agency has the meaning given the term in section 9101(41) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(41) ). (15) Student The term student means a student enrolled in a school defined in paragraph (8) . 13. Presumption of congress relating to competitive procedures (a) Presumption It is the presumption of Congress that grants awarded under this Act will be awarded using competitive procedures based on merit. (b) Report to congress If grants are awarded under this Act using procedures other than competitive procedures, the Secretary shall submit to Congress a report explaining why competitive procedures were not used. 14. Prohibition on earmarks None of the funds appropriated to carry out this Act may be used for a congressional earmark as defined in clause 9e of rule XXI of the Rules of the House of Representatives of the 112th Congress.
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113-hr-5006
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I 113th CONGRESS 2d Session H. R. 5006 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To authorize the establishment of a program of voluntary separation incentive payments for nonjudicial employees of the District of Columbia courts and employees of the District of Columbia Public Defender Service.
1. Short title This Act may be cited as the District of Columbia Courts and Public Defender Service Voluntary Separation Incentive Payments Act . 2. Authorization for program of voluntary separation incentive payments for District of Columbia courts (a) In general Chapter 17 of title 11, District of Columbia Official Code, is amended by inserting after section 11—1726 the following new section: 11—1726A. Voluntary Separation Incentive Payments The Joint Committee on Judicial Administration may, by regulation, establish a program substantially similar to the program established under subchapter II of chapter 35 of title 5, United States Code, for nonjudicial employees of the District of Columbia courts. . (b) Clerical amendment The table of contents of chapter 17 of title 11, District of Columbia Official Code, is amended by inserting after the item relating to section 11—1726 the following new item: 11—1726A. Voluntary separation incentive payments. . 3. Authorization for program of voluntary separation incentive payments for District of Columbia Public Defender Service Section 305 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2–1605, D.C. Official Code) is amended by adding at the end the following new subsection: (d) The Director may establish a program substantially similar to the program established under subchapter II of chapter 35 of title 5, United States Code, for employees of the Service. .
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113-hr-5007
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I 113th CONGRESS 2d Session H. R. 5007 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Ruiz introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To assess staffing shortages at medical facilities of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Restoring Accountability in Veterans Access to Health Care Act . 2. Treatment of staffing shortage and report on staffing of medical facilities of the Department of Veterans Affairs (a) Staffing shortage (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Inspector General of the Department of Veterans Affairs shall determine, and publish in the Federal Register, the five occupations of health care providers of the Department of Veterans Affairs for which there is the largest staffing shortage throughout the Department. (2) Recruitment and appointment Notwithstanding sections 3304 and 3309 through 3318 of title 5, United States Code, the Secretary of Veterans Affairs, based upon a determination by the Inspector General under paragraph (1) that there is a staffing shortage throughout the Department with respect to a particular occupation of health care provider, may recruit and directly appoint highly qualified health care providers to a position to serve as a health care provider in that particular occupation for the Department. (b) Reports (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each even numbered year thereafter until 2024, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report assessing the staffing of each medical facility of the Department of Veterans Affairs. (2) Elements Each report submitted under paragraph (1) shall include the following: (A) The results of a system-wide assessment of all medical facilities of the Department to ensure the following: (i) Appropriate staffing levels for health care providers to meet the goals of the Secretary for timely access to care for veterans. (ii) Appropriate staffing levels for support personnel, including clerks. (iii) Appropriate sizes for clinical panels. (iv) Appropriate numbers of full-time staff, or full-time equivalent, dedicated to direct care of patients. (v) The appropriate physician to patient ratio (including for both primary and specialty care), as compared to such ratio as it exists on the date of the report. (vi) Appropriate physical plant space to meet the capacity needs of the Department in that area. (vii) Such other factors as the Secretary considers necessary. (B) An explanation of the measurable productivity standards used to establish the levels in the assessment described in subparagraph (A). (C) A plan for addressing any issues identified in the assessment described in subparagraph (A), including a timeline for addressing such issues. (D) A list of the current wait times and workload levels for the following clinics in each medical facility: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Specialty care. (vi) Ophthalmology. (vii) Such other clinics as the Secretary considers appropriate. (E) A description of the results of the determination of the Secretary under paragraph (1) of subsection (a) and a plan to use direct appointment authority under paragraph (2) of such subsection to fill staffing shortages, including recommendations for improving the speed at which the credentialing and privileging process can be conducted. (F) The current staffing models of the Department for the following clinics, including recommendations for changes to such models: (i) Mental health. (ii) Primary care. (iii) Gastroenterology. (iv) Women’s health. (v) Specialty care. (vi) Ophthalmology. (vii) Such other clinics as the Secretary considers appropriate. (G) A detailed analysis of succession planning at medical facilities of the Department, including the following: (i) The number of positions in medical facilities throughout the Department that are not filled by a permanent employee. (ii) The length of time each such position described in clause (i) remained vacant or filled by a temporary or acting employee. (iii) A description of any barriers to filling the positions described in clause (i). (iv) A plan for filling any positions that are vacant or filled by a temporary or acting employee for more than 180 days. (v) A plan for handling emergency circumstances, such administrative leave or sudden medical leave for senior officials. (H) The number of health care providers who have been removed from their position or have retired, by provider type, during the two-year period preceding the submittal of the report. (I) Of the health care providers specified in subparagraph (G) that have been removed from their position, the following: (i) The number of such health care providers who were reassigned to another position in the Department. (ii) The number of such health care providers who left the Department. 3. Clinic management training program of the Department of Veterans Affairs (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a clinic management training program to provide in-person, standardized education on health care management to all managers of, and health care providers at, medical facilities of the Department of Veterans Affairs. (b) Elements The clinic management training program required by subsection (a) shall include the following: (1) Training on how to manage the schedules of health care providers of the Department and training on customer service and veteran-centered care, including proper planning procedures for vacation, leave, and graduate medical education training schedules. (2) Training on the appropriate number of appointments that a health care provider should conduct on a daily basis, based on specialty. (3) Training on how to determine whether there are enough available appointment slots to manage demand for different appointment types and mechanisms for alerting management of insufficient slots. (4) Training on how scheduling systems will be monitored and how schedulers will be held accountable for accurate data. (5) Training on how to properly use data to meet the demand for health care, including the following: (A) Training on determining the next available appointment for each health care provider at the medical facility. (B) Training on determining the number of health care providers needed to meet demand for health care at the medical facility. (C) Training on determining the number of exam rooms needed to meet demand for such health care in an efficient manner. (6) Training on how to properly use the appointment scheduling system of the Department, including any new scheduling system implemented by the Department. (7) Training on how to optimize the use of technology, including the following: (A) Telemedicine. (B) Electronic mail. (C) Text messaging. (D) Such other technologies as specified by the Secretary. (8) Training on how to properly use physical plant space at medical facilities of the Department to ensure efficient flow and privacy for patients and staff.
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113-hr-5008
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I 113th CONGRESS 2d Session H. R. 5008 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit United States voluntary contributions to the United Nations Democracy Fund.
1. Prohibition on United States voluntary contributions to the United Nations Democracy Fund (a) In general No funds made available to any Federal department or agency may be used to make United States voluntary contributions to the United Nations Democracy Fund (UNDEF). (b) Effective date Subsection (a) applies with respect to funds made available for fiscal year 2015 and subsequent fiscal years.
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113-hr-5009
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I 113th CONGRESS 2d Session H. R. 5009 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. Speier introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the payment of the full amount of separation pay otherwise due to former members of the Armed Forces who were separated under the former Don’t Ask, Don’t Tell Policy of the Department of Defense and were only paid a portion of the full amount.
1. Short title This Act may be cited as the Military Separation Pay Fairness Act of 2014 . 2. Full separation pay for former members of the Armed Forces who were separated under former Don't Ask, Don't Tell Policy (a) Identification of affected members Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) identify each former member of the Armed Forces who was separated from the Armed Forces for violation of the policy expressed in subsection (b) of section 654 of title 10, United States Code, as in effect before the effective date of the Don't Ask, Don't Tell Repeal Act of 2010 ( Public Law 111–321 ; 124 Stat. 3516); and (2) determine, for each member so identified, whether the member was paid the full amount of the separation pay to which the member should have been entitled under section 1174 of such title or was paid a reduced amount of separation pay because of homosexuality, pursuant to paragraph 3.2.3.1.4 of Department of Defense Instruction No. 1332.29, as in effect at the time of the separation of the member. (b) Payment of full amount Not later than 30 days after the date on which the Secretary of Defense makes a determination under subsection (a)(2) that a former member of the Armed Forces was not paid the full amount of the separation pay to which the member should have been entitled under section 1174 of title 10, United States Code, the Secretary shall pay to the member (or to the estate of the member if the member is deceased) an amount equal to— (1) the amount of the difference between the full amount of the separation pay that the member should have been paid under such section and the amount of separation pay actually paid to the member; and (2) interest on the amount determined under paragraph (1) as provided in section 1035(b) of such title. (c) Exclusion of certain members Former members of the Armed Forces who joined the class-action settlement in Collins v. United States (Case No. 10–778c) are not entitled to additional payment under subsection (b)(1), but are entitled to interest as provided by subsection (b)(2). (d) Source of funds for payments The Secretary of Defense shall make the payments required by subsection (b) using amounts appropriated for the payment of separation pay to members of the Armed Forces under section 1174 of title 10, United States Code.
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113-hr-5010
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I 113th CONGRESS 2d Session H. R. 5010 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. Speier (for herself, Mr. Cárdenas , Mr. Rangel , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide greater clarity in the regulation of electronic nicotine delivery systems, including electronic cigarettes, cigars, cigarillos, pipes, and hookahs, and for other purposes.
1. Short title This Act may be cited as the Stop Selling and Marketing to Our Kids E–Cigarettes Act or the SMOKE Act . 2. Findings; Sense of Congress (a) Findings Congress finds the following: (1) According to the Food and Drug Administration, because electronic cigarettes have not been fully studied, consumers currently do not know— (A) the potential risks of electronic cigarettes when used as intended; (B) how much nicotine or other potentially harmful chemicals are being inhaled during use; or (C) if there are any benefits associated with using these products. (2) Use of electronic cigarettes has risen in youth according to a study by the Centers for Disease Control and Prevention that was released in September 2013, which found that in one year, from 2011 to 2012, the percentage of middle and high school students who had ever used electronic cigarettes more than doubled. (3) Electronic cigarette use may lead children to become addicted to nicotine and could be a gateway to various tobacco products. (4) Additionally, according to the Centers for Disease Control and Prevention, 1 in 5 middle school students who reported ever using electronic cigarettes had never tried conventional cigarettes. (5) Marketing of electronic cigarettes to youth is occurring in the form of advertising using cartoons and sponsorships of events popular with youth such as concerts and sporting events. (6) According to the Centers for Disease Control and Prevention, Poison Control Centers reported rapid increase in electronic cigarette-related exposures, of which 51.1 percent were among young children. Electronic cigarette exposure calls per month increased from one in September 2010 to 215 in February 2014. (7) Due to the lack of long-term studies, we do not know the viability of claims that electronic cigarettes help to lessen dependence on regular cigarettes. (8) According to a paper entitled E–Cigarettes: A Scientific Review published in the American Heart Association’s peer-reviewed journal Circulation, electronic cigarettes contain particles small enough to get into the lungs and then cross into the systemic circulation just like cigarettes. Therefore, electronic cigarettes do not only produce water vapor as is claimed in the marketing of these products. Furthermore, the particle size distribution and number of particles delivered by electronic cigarettes are similar to those contained in conventional cigarettes. There is already strong evidence that frequent low or short-term levels of exposure to these types of particles from tobacco smoke or air pollution can contribute to health problems such as the increased risk of cardiovascular and respiratory disease and death. (9) The e-liquids used in electronic cigarettes may be toxic if ingested or absorbed through the skin at relatively low quantities. The lack of childproof containers makes this even more of a safety risk for children. (b) Sense of Congress It is the sense of Congress that— (1) the Food and Drug Administration— (A) has been authorized to regulate the sale, labeling, packaging, marketing, and advertising of electronic nicotine delivery systems and e-liquids since the enactment of the Family Smoking Prevention and Tobacco Control Act on June 22, 2009; and (B) should exercise this authority; and (2) the Federal Trade Commission should prohibit the advertising, promoting, and marketing in commerce of electronic nicotine delivery systems and e-liquids to children as an unfair or deceptive act or practice, in order to protect the health of the youth of the United States. 3. FDA regulation of electronic nicotine delivery systems and e-liquids (a) Definitions Section 900 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387 ) is amended— (1) by redesignating paragraphs (8) through (22) as paragraphs (10) through (24), respectively; and (2) by inserting after paragraph (7) the following: (8) Electronic nicotine delivery system The term electronic nicotine delivery system — (A) means any product, the use of which may resemble smoking, that provides an inhalable dose of nicotine by delivery of a vaporized solution, including any such product that is marketed as an electronic cigarette, cigar, cigarillo, pipe, or hookah; and (B) includes any component, part, or paraphernalia of such a product, including cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, batteries, and chargers, whether or not the component, part, or paraphernalia is sold separately. (9) E-liquid The term e-liquid means a solution that contains nicotine, flavorings, or other chemicals that is intended to be used to produce an inhaled vapor from an electronic nicotine delivery system. . (b) Regulation as tobacco products under Federal Food, Drug, and Cosmetic Act Section 901(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387a(b) ) is amended by striking This chapter shall apply to all cigarettes, and inserting This chapter shall apply to all cigarettes, electronic nicotine delivery systems, e-liquids, . (c) Regulation as cigarettes under Federal Cigarette Labeling and Advertising Act Section 3(1) of the Federal Cigarette Labeling and Advertising Act ( 15 U.S.C. 1332(1) ) is amended— (1) in subparagraph (A), by striking and at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) any electronic nicotine delivery system (as such term is defined in section 900 of the Federal Food, Drug, and Cosmetic Act). . (d) Characterizing flavors (1) Study By not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall complete a study on— (A) any purported health benefits associated with flavorings for electronic nicotine delivery systems and e-liquids, including whether any such flavorings help adults to quit smoking; and (B) whether any such flavorings would appeal to children and increase their likelihood to use electronic nicotine delivery systems or e-liquids. (2) Consideration of tobacco product standard Upon completion of the study under paragraph (1), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall consider whether to adopt a tobacco product standard under section 907(a)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387g(a)(3) ) prohibiting or restricting the use of flavorings in electronic nicotine delivery systems and e-liquids. (e) Child-Proof packaging Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall promulgate a final tobacco product standard under section 907 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387g ) requiring child-proof packaging for electronic nicotine delivery systems and e-liquids. (f) Dosage limits Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs— (1) shall promulgate a final tobacco product standard under section 907 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387g ) establishing dosage limits for electronic nicotine delivery systems and e-liquids that are adequate for the majority of smokers using an electronic nicotine delivery system as a substitute to smoking; and (2) may include in such tobacco product standard an exception allowing consumers to access electronic nicotine delivery systems and e-liquids containing nicotine in excess of the dosage limit established under paragraph (1) pursuant to a prescription. (g) Concentrations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs— (1) shall promulgate a final tobacco product standard under section 907 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387g ) establishing for e-liquids maximum levels for the concentration of nicotine, and establishing labeling requirements with respect to the concentration of nicotine, that are adequate for the majority of smokers using an electronic nicotine delivery system as a substitute to smoking; and (2) may include in such tobacco product standard an exception allowing consumers to access e-liquids containing nicotine in excess of the dosage limit established under paragraph (1) pursuant to a prescription. (h) Regulations The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall make such changes to the final rule promulgated under section 102 of the Family Smoking Prevention and Tobacco Control Act ( 21 U.S.C. 387a–1 ) (or any successor regulation) as may be necessary to implement the provisions of this section and the amendments made by this section. 4. Prohibition on marketing of electronic nicotine delivery systems to children (a) Prohibition No person may advertise, promote, or market in commerce an electronic nicotine delivery system or an e-liquid in a manner that the person knows or should know will have the effect of increasing the use of an electronic nicotine delivery system or e-liquid by a child. (b) Enforcement by Federal Trade Commission (1) Unfair or deceptive act or practice A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of commission (A) In general The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Rulemaking The Federal Trade Commission may promulgate standards and rules to carry out this section in accordance with section 553 of title 5, United States Code. (c) Enforcement by States (1) In general In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (a) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States— (A) to enjoin further violation of such subsection by such person; (B) to compel compliance with such subsection; (C) to obtain damages, restitution, or other compensation on behalf of such residents; (D) to obtain such other relief as the court considers appropriate; or (E) to obtain civil penalties in the amount determined under paragraph (2). (2) Civil penalties (A) Calculation For purposes of imposing a civil penalty under paragraph (1)(E) with respect to a person who violates subsection (a), the amount determined under this paragraph is the amount calculated by multiplying the number of days that the person is not in compliance with subsection (a) by an amount not greater than $16,000. (B) Adjustment for inflation Beginning on the date on which the Bureau of Labor Statistics first publishes the Consumer Price Index after the date that is 1 year after the date of the enactment of this Act, and annually thereafter, the amounts specified in subparagraph (A) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Rights of Federal Trade Commission (A) Notice to federal trade commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission The Federal Trade Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by federal trade commission If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (6) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (7) Actions by other state officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (d) Construction Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the marketing of electronic nicotine delivery systems, including the marketing of electronic nicotine delivery systems to children. (e) Relation to state law This section shall not be construed as superseding, altering, or affecting any provision of law of a State, except to the extent that such provision of law is inconsistent with the provisions of this section, and then only to the extent of the inconsistency. 5. Definitions In this Act: (1) Electronic nicotine delivery system The term electronic nicotine delivery system — (A) means any product, the use of which may resemble smoking, that provides an inhalable dose of nicotine by delivery of a vaporized solution, including any such product that is marketed as an electronic cigarette, cigar, cigarillo, pipe, or hookah; and (B) includes any component, part, or paraphernalia of such a product, including cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, batteries, and chargers, whether or not the component, part, or paraphernalia is sold separately. (2) E-liquid The term e-liquid means a solution that contains nicotine, flavorings, or other chemicals that is intended to be used to produce an inhaled vapor from an electronic nicotine delivery system. (3) Child The term child means an individual who is under the age of 18 years. (4) Commerce The term commerce has the meaning given such term in section 4 of the Federal Trade Commission Act ( 15 U.S.C. 44 ).
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113-hr-5011
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I 113th CONGRESS 2d Session H. R. 5011 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Ms. Speier introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Election Campaign Act of 1971 to prohibit authorized committees of candidates for election for Federal office and leadership PACs from employing immediate family members of the candidates, to amend such Act to limit the rate of interest an authorized committee of a candidate may pay on loans made to the committee by the candidate, to amend such Act to apply the prohibition against the conversion of contributions to personal use to contributions to political committees, to amend the Lobbying Disclosure Act of 1995 to require registered lobbyists to identify relatives who are covered officials and disclose lobbying contacts with relatives, and for other purposes.
1. Short title This Act may be cited as the Making Every Representative’s Integrity Transparent Act of 2014 or the MERIT Act . 2. Prohibiting campaign committees from employing relatives of candidates (a) Prohibition Section 302 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432 ) is amended by adding at the end the following new subsection: (j) Restrictions on Dealings With Relatives of Candidates (1) Prohibiting employment (A) Authorized committees An authorized committee of a candidate may not employ in a paid position any individual who is a relative of the candidate. (B) Leadership PACs A leadership PAC (as defined in section 304(i)(8)(B)) may not employ in a paid position any individual who is a relative of the candidate or individual holding Federal office who establishes, finances, maintains, or controls the leadership PAC. (2) Relative defined In this subsection, the term relative means, with respect to a candidate or individual holding Federal office, an aunt, brother, brother-in-law, daughter, daughter-in-law, father, father-in-law, first cousin, grandson, granddaughter, half-brother, half-sister, husband, mother, mother-in-law, nephew, niece, sister, sister-in-law, son, son-in-law, stepbrother, stepdaughter, stepfather, stepmother, stepsister, stepson, uncle, or wife. . (b) Effective date The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act. 3. Limit on interest rate paid by campaign committees on loans made by candidates (a) Limit on Interest Rate Section 302 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432 ), as amended by section 2, is further amended by adding at the end the following new subsection: (k) Limit on Interest Rate Paid on Loans Made by Candidates (1) Limit If an authorized committee of a candidate accepts a loan from the candidate, the committee may not pay interest on the loan at an annual rate higher than the prime rate as of the date the loan is agreed to plus 2 percentage points. (2) Prime rate defined In this subsection, the term prime rate means the bank prime loan rate published in the Federal Reserve Statistical Release on selected interest rates (daily or weekly), and commonly referred to as the H.15 release (or any successor publication). . (b) Effective Date The amendment made by subsection (a) shall apply with respect to loans made on or after the date of the enactment of this Act. 4. Enhanced disclosure of certain information by campaign committees (a) Loans Made by Candidates Section 304(b)(3)(E) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(b)(3)(E) ) is amended by striking and the date and amount or value of such loan; and inserting the following: the date and amount or value of such loan, and in the case of a loan made to an authorized committee which is made by or guaranteed by the candidate, the terms and conditions of the loan, including the aggregate amount of the loan, the annualized interest rate (and, if the interest rate is variable, a description of how the rate may vary), the terms and conditions (if any) under which the interest rate may be changed from fixed to variable or from variable to fixed, the repayment schedule, the duration of the loan, any fees and penalties which may be assessed on the borrower, and the requirements (if any) for loan forgiveness or deferment; . (b) Payments to Relatives of Candidates (1) Payments for operating expenses Section 304(b)(5)(A) of such Act ( 2 U.S.C. 434(b)(5)(A) ) is amended by striking the semicolon at the end and inserting the following: , and, if the person to whom the expenditure is made is a relative of the candidate (as defined in section 302(j)(2)) or is a business organization with respect to which a relative of the candidate (as so defined) serves as an officer or director, the name and address of the relative and the type of relative involved; . (2) Other disbursements Section 304(b)(6)(A) of such Act ( 2 U.S.C. 434(b)(6)(A) ) is amended by striking the semicolon at the end and inserting the following: , and, if the person who received the disbursement is a relative of the candidate (as defined in section 302(j)(2)) or is a business organization with respect to which a relative of the candidate (as so defined) serves as an officer or director, the name and address of the relative and the type of relative involved; . (c) Effective Date The amendments made by this section shall apply with respect to reports filed under section 304 of the Federal Election Campaign Act of 1971 after the date of the enactment of this Act. 5. Clarification of rules applicable to uses of contributions accepted by political committees (a) Prohibiting Conversion to Personal Use Section 313(b)(2) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 439a(b)(2) ) is amended by striking the candidate’s election campaign or individual’s duties as a holder of Federal office, and inserting the following: the candidate’s election campaign, the individual’s duties as a holder of Federal office, or the political committee’s political activities (as the case may be), . (b) Clarification that Contributions May be Used for Authorized Expenditures in Connection With Political Activities and for Other Lawful Purposes (1) In general Section 313(a) of such Act ( 2 U.S.C. 439a(a) ) is amended— (A) in the matter preceding paragraph (1), by striking accepted by a candidate and inserting accepted by a candidate or a political committee ; (B) in the matter preceding paragraph (1), by striking used by the candidate or individual and inserting used by the candidate, individual, or political committee ; and (C) in paragraph (1), by striking the semicolon at the end and inserting the following: , or, in the case of a political committee, in connection with the committee’s political activities; . (2) Conforming amendments Section 313(a) of such Act ( 2 U.S.C. 439a(a) ) is amended— (A) in paragraph (2), by striking for ordinary and necessary expenses and inserting in the case of a candidate or individual, for ordinary and necessary expenses ; (B) in paragraph (3), by striking for contributions and inserting in the case of a candidate or individual, for contributions ; (C) in paragraph (4), by striking for transfers and inserting in the case of a candidate or individual, for transfers ; and (D) in paragraph (5), by striking for donations and inserting in the case of a candidate or individual, for donations . (c) Effective Date The amendments made by this section shall apply with respect to elections occurring after December 2014. 6. Requiring lobbyists to identify relatives who are covered officials and disclose lobbying contacts with relatives (a) Identification of Relatives Who Are Covered Officials in Registration Statements (1) In general Section 4(b)(6) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(b)(6) ) is amended to read as follows: (6) for each employee of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client— (A) the name of the employee; (B) the position in which the employee served if such employee has served as a covered executive branch official or a covered legislative branch official in the 20 years before the date on which the employee first acted as a lobbyist on behalf of the client; and (C) the name of each relative of the employee who serves currently or who served previously as a covered executive branch official or a covered legislative branch official and, in the case of an official who is or was a Member of Congress, the Congressional Bioguide Identifier assigned to the Member by the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be. . (2) Updates to registration for lobbyists who become relatives of covered officials after registration Section 4 of such Act ( 2 U.S.C. 1603 ) is amended by adding at the end the following new subsection: (e) Updates to registration for employees who become relatives of covered officials If, after a registrant registers under this section, an employee of the registrant who is identified in the registration under subsection (b)(6) becomes the relative of a covered legislative branch official or a covered executive branch official, the registrant shall update the registration to include the information described in subparagraph (B) of such subsection with respect to the employee and the official not later than 90 days after the employee becomes the relative of the official. . (3) Effective date; transition rule for current registrants (A) Effective date The amendments made by this subsection shall apply with respect to registrations made under section 4 of the Lobbying Disclosure Act of 1995 after the date of the enactment of this Act. (B) Transition rule A registrant who registered under section 4 of the Lobbying Disclosure Act of 1995 prior to the date of the enactment of this Act shall include the information described in section 4(b)(6)(C) of such Act (as added by paragraph (1)) in the next quarterly report on lobbying activities which the registrant files under section 5(a) of such Act after the date of the enactment of this Act. (b) Inclusion of Lobbying Contacts With Relatives in Quarterly Reports on Lobbying Activities (1) In general Section 5(b)(2) of such Act ( 2 U.S.C. 1604(b)(2) ) is amended— (A) by striking and at the end of subparagraph (C); (B) by striking the semicolon at the end of subparagraph (D) and inserting ; and ; and (C) by adding at the end the following new subparagraph: (E) if, on behalf of the client, any lobbyist employed by the registrant contacted a relative who is a covered legislative branch official or covered executive branch official, a statement identifying the lobbyist, the official (and, if the official is a Member of Congress, the Congressional Bioguide Identifier assigned to the Member by the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be), the subject matter of the contact, and the type of relative involved; . (2) Effective date The amendment made by paragraph (1) shall apply with respect to reports filed under section 5 of the Lobbying Disclosure Act of 1995 with respect to quarterly periods which begin on or after the date of the enactment of this Act. (c) Relative Defined Section 3 of such Act ( 2 U.S.C. 1602 ) is amended— (1) by redesignating paragraph (16) as paragraph (17); and (2) by inserting after paragraph (15) the following new paragraph: (16) Relative The term relative means, with respect to a lobbyist or employee of a registrant, an aunt, brother, brother-in-law, daughter, daughter-in-law, father, father-in-law, first cousin, grandson, granddaughter, half-brother, half-sister, husband, mother, mother-in-law, nephew, niece, sister, sister-in-law, son, son-in-law, stepbrother, stepdaughter, stepfather, stepmother, stepsister, stepson, uncle, or wife. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5011ih/xml/BILLS-113hr5011ih.xml
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113-hr-5012
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I 113th CONGRESS 2d Session H. R. 5012 IN THE HOUSE OF REPRESENTATIVES June 26, 2014 Mr. Young of Alaska (for himself and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Richard B. Russell National School Lunch Act to improve the efficiency of summer meals.
1. Short title This Act may be cited as the Summer Meals Act of 2014 . 2. Summer food service program for children (a) Better integrate summer education and summer meals program Section 13(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(A)(i)) is amended by striking 50 percent each place it appears and inserting 40 percent . (b) Reduce red tape for public-Private partnerships Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) ) is amended by striking paragraph (8) and inserting the following: (8) Year-round meal service (A) Seamless summer option for schools Except as otherwise determined by the Secretary, a service institution that is a public or private nonprofit school food authority may provide summer or school vacation food service in accordance with applicable provisions of law governing the school lunch program established under this Act or the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (B) Year-round meal service for other service institutions Each service institution (other than a service institution described in subparagraph (A)), in addition to being eligible for reimbursement for meals described in subsection (b)(2) served during each day of operation during the periods described in subsection (c)(1), may be reimbursed for up to 1 meal and 1 snack per child served during each day of operation during— (i) afterschool hours; (ii) weekends; and (iii) school holidays during the regular school calendar. . (c) Improve nutrition in underserved, hard-to-Reach areas Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) ) is amended— (1) by striking paragraphs (9) and (10) and inserting the following: (9) Improve nutrition in underserved, hard-to-reach areas (A) In general Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this paragraph, the Secretary may award competitive grants to service institutions selected by the Secretary to increase participation in the program at congregate feeding sites through— (i) innovative approaches to limited transportation; and (ii) mobile meal trucks. (B) Eligibility To be selected to receive a grant under this paragraph, a service institution— (i) may be located in any State; and (ii) shall— (I) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (II) meet criteria established by the Secretary; and (III) agree to the terms and conditions of the grant, as established by the Secretary. (C) Priority In awarding grants under this paragraph, the Secretary shall give priority to service institutions that— (i) serve both breakfast and lunch; or (ii) offer educational or enrichment programs. (D) Travel reimbursement A service institution that receives a grant under subparagraph (A)(i) may use grant funds to provide reimbursement for travel to satellite congregate feeding sites. (E) Authorization of appropriations There is authorized to be appropriated to the Secretary to make competitive grants under this paragraph $10,000,000 for each fiscal year. ; and (2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively. (d) Third meal Section 13(b)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(b)(2) ) is amended by striking only serve lunch and all that follows through migrant children may .
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113-hr-5013
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IB Union Calendar No. 372 113th CONGRESS 2d Session H. R. 5013 [Report No. 110–499] IN THE HOUSE OF REPRESENTATIVES June 27, 2014 Ms. Granger , 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 State, foreign operations, and related programs for the fiscal year ending September 30, 2015, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2015, and for other purposes, namely: I Department of state and related agency Department of state Administration of foreign affairs Diplomatic and consular programs For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $6,739,647,000, of which up to $692,000,000 may remain available until September 30, 2016, and of which up to $2,128,115,000 may remain available until expended for Worldwide Security Protection: Provided , That funds made available under this heading shall be allocated in accordance with paragraphs (1) through (4) as follows: (1) Human resources For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948, $2,331,583,000, of which not less than $133,306,000 shall be available only for public diplomacy American salaries, and of which up to $331,885,000 is for Worldwide Security Protection. (2) Overseas programs For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,793,664,000, of which not less than $379,121,000 shall be available only for public diplomacy international information programs. (3) Diplomatic policy and support For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation and disarmament activities as authorized, $800,462,000. (4) Security programs For necessary expenses for security activities, $1,813,938,000, of which up to $1,796,230,000 is for Worldwide Security Protection. (5) Fees and payments collected In addition to amounts otherwise made available under this heading— (A) not to exceed $1,806,600 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act, and, in addition, as authorized by section 5 of such Act, $533,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section; (B) as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and (C) not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities. (6) Transfer, reprogramming, and other matters (A) Notwithstanding any provision of this Act, funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act. (B) Of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Emergencies in the Diplomatic and Consular Service , to be available only for emergency evacuations and rewards, as authorized. (C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to 31 U.S.C. 1108(g) , for the field examination of programs and activities in the United States funded from any account contained in this title. (D) Of the funds appropriated under this heading, up to $41,600,000, to remain available until expended, for Conflict and Stabilization Operations and for related reconstruction and stabilization assistance and contributions to prevent or respond to conflict or civil strife in foreign countries or regions, or to enable transition from such strife: Provided , That such funds may be transferred to, and merged with, funds previously made available under the heading Conflict Stabilization Operations in title I of prior acts making appropriations for the Department of State, foreign operations, and related programs. (E) Of the amount made available under this heading, not to exceed $1,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Representation Expenses , to be available for official representation activities, as authorized. (F) None of the funds appropriated or otherwise made available under this heading shall be available for the Ambassador’s Fund for Cultural Preservation. Capital investment fund For necessary expenses of the Capital Investment Fund, $56,400,000, to remain available until expended, as authorized: Provided , That section 135(e) of Public Law 103–236 shall not apply to funds available under this heading. Office of inspector general For necessary expenses of the Office of Inspector General, $73,400,000, of which up to $11,000,000 may remain available until September 30, 2016. Educational and cultural exchange programs For expenses of educational and cultural exchange programs, as authorized, $568,628,000, to remain available until expended, of which not less than $236,974,000 shall be for the Fulbright Program, not less than $85,534,000 shall be for the International Visitor Leadership Program, and not less than $101,035,000 shall be for the Citizen Exchanges Program: Provided , That fees or other payments received from or in connection with English teaching, educational advising and counseling programs, and exchange visitor programs as authorized may be credited to this account, to remain available until expended: Provided further , That any substantive modifications made to existing educational and cultural exchange programs shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. Representation expenses For representation allowances as authorized, $7,679,000. Protection of foreign missions and officials For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $30,036,000, to remain available until September 30, 2016. Embassy security, construction, and maintenance For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 ( 22 U.S.C. 292–303 ), preserving, maintaining, repairing, and planning for buildings that are owned or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Harry S Truman Building, and carrying out the Diplomatic Security Construction Program as authorized, $822,755,000, to remain available until expended as authorized, of which not to exceed $25,000 may be used for domestic and overseas representation expenses as authorized: Provided , That none of the funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments and agencies. In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,240,500,000, to remain available until expended: Provided , That not later than 45 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations the proposed allocation of funds made available under this heading and the actual and anticipated proceeds of sales for all projects in fiscal year 2015. Emergencies in the diplomatic and consular service For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, $7,900,000, to remain available until expended as authorized, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading Repatriation Loans Program Account , subject to the same terms and conditions. Repatriation loans program account For the cost of direct loans, $1,300,000, as authorized: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $2,469,136. Payment to the american institute in taiwan For necessary expenses to carry out the Taiwan Relations Act ( Public Law 96–8 ), $30,000,000. Payment to the foreign service retirement and disability fund For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. International organizations Contributions to international organizations For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions or specific Acts of Congress, $1,340,162,000: Provided , That the Secretary of State shall, at the time of the submission of the President's budget to Congress under section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United Nations for the operations of the United Nations and incorporate such information in the annual congressional budget justification: Provided further , That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget: Provided further , That the Secretary of State shall report to the Committees on Appropriations not later than May 1, 2015, and monthly thereafter until September 30, 2015, all known credits available to the United States, including from the United Nations Tax Equalization Fund, and provide updated fiscal year 2016 assessment costs including offsets from any credits and updated foreign currency exchange rates: Provided further , That any such credits shall only be available for United States assessed contributions to the United Nations and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That any notification regarding funds appropriated or otherwise made available under this heading in this Act or prior Acts submitted pursuant to section 7015 of this Act or section 34 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2706 ), or any operating plan submitted pursuant to section 7076 of this Act, shall include an estimate of all known credits currently available to the United States: Provided further , That the Secretary of State shall, at the time of the submission of the operating plan submitted pursuant to section 7076 of this Act, certify to the Committees on Appropriations that such plan includes all known credits: Provided further, That any payment of arrearages under this heading shall be directed toward activities that are mutually agreed upon by the United States and the respective international organization and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That none of the funds appropriated under this heading shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings. Contributions for international peacekeeping activities For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,765,519,000, of which 15 percent shall remain available until September 30, 2016: Provided , That none of the funds made available by this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for a new or expanded mission in the United Nations Security Council (or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified: (1) of the estimated cost and duration of the mission, the goals and objectives of the mission, the national interest that will be served, and the exit strategy; (2) that the United Nations has in place measures to prevent United Nations employees, contractor personnel, and peacekeeping troops serving in the mission from trafficking in persons, exploiting victims of trafficking, or committing acts of illegal sexual exploitation or other violations of human rights, and to bring to justice individuals who engage in such acts while participating in the peacekeeping mission, including prosecution in their home countries of such individuals in connection with such acts, and to make information about such cases publicly available in the country where an alleged crime occurs and on the United Nations’ Web site; and (3) pursuant to section 7015 of this Act, and the procedures therein followed, of the source of funds that will be used to pay the cost of the new or expanded mission, including whether such source of funds will require a reprogramming or transfer of existing funds or additional appropriations: Provided further , That funds shall be available for peacekeeping expenses unless the Secretary of State determines that American manufacturers and suppliers are not being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers: Provided further , That the Secretary of State shall work with the United Nations and foreign governments contributing peacekeeping troops to implement effective vetting procedures to ensure that such troops have not violated human rights: Provided further , That none of the funds appropriated or otherwise made available under this heading may be used for any United Nations peacekeeping mission that will involve United States Armed Forces under the command or operational control of a foreign national, unless the President's military advisors have submitted to the President a recommendation that such involvement is in the national interests of the United States and the President has submitted to the Congress such a recommendation: Provided further , That the Secretary of State shall report to the Committees on Appropriations not later than May 1, 2015, and monthly thereafter until September 30, 2015, all known credits available to the United States, including those resulting from United Nations peacekeeping missions or the United Nations Tax Equalization Fund: Provided further , That any such credits shall only be available for United States assessed contributions to the United Nations and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That any notification regarding funds appropriated or otherwise made available under this heading in this Act or prior Acts submitted pursuant to section 7015 of this Act or section 34 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2706 ), or any operating plan submitted pursuant to section 7076 of this Act, shall include an estimate of all known credits currently available to the United States: Provided further , That the Secretary of State shall, at the time of the submission of the operating plan submitted pursuant to section 7076 of this Act, certify to the Committees on Appropriations that such plan includes all known credits: Provided further , That any payment of arrearages under this heading shall be directed toward activities that are mutually agreed upon by the United States and the United Nations and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That funds appropriated or otherwise made available under this heading shall be available for United States assessed contributions up to the amount authorized in section 404(b)(2)(A) of the Foreign Relations Authorization Act, fiscal years 1994 and 1995, as amended ( 22 U.S.C. 287e note), only after deducting from the current assessed contribution the amount by which credits applied by the United Nations in the preceding fiscal year combined, with the expenditure of funds appropriated or otherwise made available under this heading for the preceding fiscal year, exceed 27.14 percent. International commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: International boundary and water commission, united states and mexico For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation expenses; as follows: Salaries and expenses For salaries and expenses, not otherwise provided for, $44,000,000. Construction For detailed plan preparation and construction of authorized projects, $33,438,000, to remain available until expended, as authorized. American sections, international commissions For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and the Border Environment Cooperation Commission as authorized by Public Law 103–182 , $12,311,000: Provided , That of the amount provided under this heading for the International Joint Commission, $9,000 may be made available for representation expenses. International fisheries commissions For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $32,980,000: Provided , That the United States share of such expenses may be advanced to the respective commissions pursuant to 31 U.S.C. 3324. Related Agency Broadcasting board of governors International broadcasting operations For necessary expenses to enable the Broadcasting Board of Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio and television broadcasting to the Middle East, $738,680,000: Provided , That in addition to amounts otherwise available for such purpose, up to $22,000,000 of the amount appropriated under this heading for satellite transmissions and related costs shall remain available until expended, and not less than $25,500,000 of the amount appropriated under this heading for Internet freedom programs shall remain available until expended: Provided further , That of the total amount appropriated under this heading, not to exceed $35,000 may be used for representation expenses, of which $10,000 may be used for representation expenses within the United States as authorized, and not to exceed $30,000 may be used for representation expenses of Radio Free Europe/Radio Liberty: Provided further , That the authority provided by section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ; 22 U.S.C. 6206 note) shall remain in effect through September 30, 2015: Provided further , That the BBG shall notify the Committees on Appropriations within 15 days of any determination by the Board that any of its broadcast entities, including its grantee organizations, provides an open platform for international terrorists or those who support international terrorism, or is in violation of the principles and standards set forth in subsections (a) and (b) of section 303 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6202 ) or the entity's journalistic code of ethics: Provided further , That significant modifications to BBG broadcast hours previously justified to Congress, including changes to transmission platforms (shortwave, medium wave, satellite, Internet, and television), for all BBG language services shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That in addition to funds made available under this heading, and notwithstanding any other provision of law, up to $2,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international organizations, and up to $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended for carrying out authorized purposes. Broadcasting capital improvements For the purchase, rent, construction, repair, preservation, and improvement of facilities for radio, television, and digital transmission and reception, the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission and reception, including to Cuba, as authorized, and physical security worldwide, in addition to amounts otherwise available for such purposes, $4,800,000, to remain available until expended, as authorized. Related Programs The asia foundation For a grant to The Asia Foundation, as authorized by The Asia Foundation Act ( 22 U.S.C. 4402 ), $17,000,000, to remain available until expended, as authorized. United states institute of peace For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act, $35,300,000, to remain available until September 30, 2016, which shall not be used for construction activities. Center for middle eastern-Western dialogue trust fund For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 ( 22 U.S.C. 2078 ), the total amount of the interest and earnings accruing to such Fund on or before September 30, 2015, to remain available until expended. Eisenhower exchange fellowship program For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 ( 20 U.S.C. 5204–5205 ), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2015, to remain available until expended: Provided , That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376 ; or for purposes which are not in accordance with OMB Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal services. Israeli arab scholarship program For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( 22 U.S.C. 2452 ), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2015, to remain available until expended. National endowment for democracy For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act, $135,000,000, to remain available until expended, of which $100,000,000 shall be allocated in the traditional and customary manner, including for the core institutes, and $35,000,000 shall be for democracy, human rights, and rule of law programs. Other commissions Commission for the preservation of america’s heritage abroad Salaries and expenses For necessary expenses for the Commission for the Preservation of America's Heritage Abroad, $644,000, as authorized by section 1303 of Public Law 99–83 . United states commission on international religious freedom Salaries and expenses For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 ( Public Law 105–292 ), as amended, $3,500,000, including not more than $4,000 for representation expenses. Commission on security and cooperation in europe Salaries and expenses For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304 , $2,579,000, including not more than $4,000 for representation expenses, to remain available until September 30, 2016. Congressional-Executive commission on the people's republic of china Salaries and expenses For necessary expenses of the Congressional-Executive Commission on the People's Republic of China, as authorized by title III of the U.S.-China Relations Act of 2000 ( 22 U.S.C. 6911–6919 ), $2,000,000, including not more than $3,000 for representation expenses, to remain available until September 30, 2016. United states-China economic and security review commission Salaries and expenses For necessary expenses of the United States-China Economic and Security Review Commission, as authorized by section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 22 U.S.C. 7002 ), $3,500,000, including not more than $4,000 for representation expenses, to remain available until September 30, 2016: Provided , That the authorities, requirements, limitations, and conditions contained in the second through sixth provisos under this heading in division F of Public Law 111–117 shall continue in effect during fiscal year 2015 and shall apply to funds appropriated under this heading as if included in this Act. II United states agency for international development Funds appropriated to the president Operating expenses For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $1,082,229,000, of which up to $162,000,000 may remain available until September 30, 2016: Provided , That none of the funds appropriated under this heading and under the heading Capital Investment Fund in this title may be made available to finance the construction (including architect and engineering services), purchase, or long-term lease of offices for use by the United States Agency for International Development (USAID), unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation of funds for such purposes: Provided further , That contracts or agreements entered into with funds appropriated under this heading may entail commitments for the expenditure of such funds through the following fiscal year: Provided further , That the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to Operating Expenses in accordance with the provisions of those sections: Provided further , That of the funds appropriated or made available under this heading, not to exceed $250,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses, for USAID during the current fiscal year. Capital investment fund For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $130,815,000 to remain available until expended: Provided , That this amount is in addition to funds otherwise available for such purposes: Provided further , That funds appropriated under this heading shall be available for obligation only pursuant to the regular notification procedures of the Committees on Appropriations. Office of inspector general For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $54,285,000, of which up to $8,142,000 may remain available until September 30, 2016, for the Office of Inspector General of the United States Agency for International Development. III Bilateral economic assistance Funds appropriated to the president For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: Global health programs For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $2,637,000,000, to remain available until September 30, 2016, and which shall be apportioned directly to the United States Agency for International Development (USAID): Provided , That this amount shall be made available for training, equipment, and technical assistance to build the capacity of public health institutions and organizations in developing countries, and for such activities as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; and (6) family planning/reproductive health: Provided further , That funds appropriated under this paragraph may be made available for a United States contribution to the GAVI Alliance: Provided further , That none of the funds made available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further , That any determination made under the previous proviso must be made no later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to make the determination: Provided further , That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further , That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further , That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further , That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual's decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the USAID Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency: Provided further , That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant's religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further , That for purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign operations, and related programs, the term motivate , as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options: Provided further , That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use. In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $5,670,000,000, to remain available until September 30, 2019, which shall be apportioned directly to the Department of State: Provided , That funds appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 ( Public Law 108–25 ), as amended, for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further , That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2015 may be made available to USAID for technical assistance related to the activities of the Global Fund: Provided further , That of the funds appropriated under this paragraph, up to $17,000,000 may be made available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United States Global AIDS Coordinator. Development assistance For necessary expenses to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $2,527,697,000, to remain available until September 30, 2016: Provided , That of the funds appropriated under this heading, not less than $23,000,000 shall be made available for the American Schools and Hospitals Abroad program, and not less than $10,000,000 shall be made available for cooperative development programs of the United States Agency for International Development: Provided further , That funds appropriated under this heading may be made available as a contribution to the Global Agriculture and Food Security Program if such contribution will not cause the United States to exceed thirty-three percent of the total amount of funds contributed to the Global Agriculture and Food Security Program. International disaster assistance For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $1,026,828,000, to remain available until expended. Transition initiatives For necessary expenses for international disaster rehabilitation and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development (USAID), pursuant to section 491 of the Foreign Assistance Act of 1961, $67,600,000, to remain available until expended, to support transitions to democracy and long-term development of countries in crisis: Provided , That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further , That the Administrator of USAID shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance: Provided further , That if the Secretary of State determines that it is important to the national interests of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading: Provided further , That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the Committees on Appropriations. development credit authority For the cost of direct loans and loan guarantees provided by the United States Agency for International Development (USAID), as authorized by sections 256 and 635 of the Foreign Assistance Act of 1961, up to $40,000,000 may be derived by transfer from funds appropriated by this Act to carry out part I of such Act: Provided , That funds provided under this paragraph and funds provided as a gift that are used for purposes of this paragraph pursuant to section 635(d) of the Foreign Assistance Act of 1961 shall be made available only for micro- and small enterprise programs, urban programs, and other programs which further the purposes of part I of such Act: Provided further , That such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further , That funds made available by this paragraph may be used for the cost of modifying any such guaranteed loans under this Act or prior Acts, and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That the provisions of section 107A(d) (relating to general provisions applicable to the Development Credit Authority) of the Foreign Assistance Act of 1961, as contained in section 306 of H.R. 1486 as reported by the House Committee on International Relations on May 9, 1997, shall be applicable to direct loans and loan guarantees provided under this heading, except that the principal amount of loans made or guaranteed under this heading with respect to any single country shall not exceed $300,000,000: Provided further , That these funds are available to subsidize total loan principal, any portion of which is to be guaranteed, of up to $1,500,000,000. In addition, for administrative expenses to carry out credit programs administered by the USAID, $8,041,000, which may be transferred to, and merged with, funds made available under the heading Operating Expenses in title II of this Act: Provided , That funds made available under this heading shall remain available until September 30, 2017. Economic support fund For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $2,986,612,000, to remain available until September 30, 2016. Democracy fund For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, $130,500,000, to remain available until September 30, 2016, of which $70,500,000 shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, Department of State, and $60,000,000 shall be made available for the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development. Department of State Migration and refugee assistance For necessary expenses not otherwise provided for, to enable the Secretary of State to carry out the provisions of section 2(a) and (b) of the Migration and Refugee Assistance Act of 1962, and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $2,299,704,000, to remain available until expended, of which not less than $35,000,000 shall be made available to respond to small-scale emergency humanitarian requirements, and $10,000,000 shall be made available for refugees resettling in Israel. United states emergency refugee and migration assistance fund For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended ( 22 U.S.C. 2601(c) ), $50,000,000, to remain available until expended. Independent Agencies Peace corps (including transfer of funds) For necessary expenses to carry out the provisions of the Peace Corps Act ( 22 U.S.C. 2501–2523 ), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $379,000,000, of which $5,150,000 is for the Office of Inspector General, to remain available until September 30, 2016: Provided , That the Director of the Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515 , an amount not to exceed $5,000,000: Provided further , That funds transferred pursuant to the previous proviso may not be derived from amounts made available for Peace Corps overseas operations: Provided further , That of the funds appropriated under this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further , That any decision to open, close, significantly reduce, or suspend a domestic or overseas office or country program shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that prior consultation and regular notification procedures may be waived when there is a substantial security risk to volunteers or other Peace Corps personnel, pursuant to section 7015(e) of this Act: Provided further , That none of the funds appropriated under this heading shall be used to pay for abortions: Provided further , That notwithstanding the previous proviso, section 614 of division E of Public Law 113–76 shall apply to funds appropriated under this heading. Millennium challenge corporation For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (MCA), $898,200,000 to remain available until expended: Provided , That of the funds appropriated under this heading, up to $105,000,000 may be available for administrative expenses of the Millennium Challenge Corporation (the Corporation): Provided further , That up to 5 percent of the funds appropriated under this heading may be made available to carry out the purposes of section 616 of the MCA for fiscal year 2015: Provided further , That section 605(e) of the MCA shall apply to funds appropriated under this heading: Provided further , That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided further , That the Chief Executive Officer of the Corporation shall notify the Committees on Appropriations not later than 15 days prior to commencing negotiations for any country compact or threshold country program; signing any such compact or threshold program; or terminating or suspending any such compact or threshold program: Provided further , That funds appropriated under this heading by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are available to implement section 609(g) of the MCA shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That no country should be eligible for a threshold program after such country has completed a country compact: Provided further , That any funds that are deobligated from a Millennium Challenge Compact shall be subject to the regular notification procedures of the Committees on Appropriations prior to re-obligation: Provided further , That notwithstanding section 606(a)(2) of the MCA, a country shall be a candidate country for purposes of eligibility for assistance for the fiscal year if the country has a per capita income equal to or below the World Bank's lower middle income country threshold for the fiscal year and is among the 75 lowest per capita income countries as identified by the World Bank; and the country meets the requirements of section 606(a)(1)(B) of the MCA: Provided further , That notwithstanding section 606(b)(1) of the MCA, in addition to countries described in the preceding proviso, a country shall be a candidate country for purposes of eligibility for assistance for the fiscal year if the country has a per capita income equal to or below the World Bank's lower middle income country threshold for the fiscal year and is not among the 75 lowest per capita income countries as identified by the World Bank; and the country meets the requirements of section 606(a)(1)(B) of the MCA: Provided further , That any Millennium Challenge Corporation candidate country under section 606 of the MCA with a per capita income that changes in the fiscal year such that the country would be reclassified from a low income country to a lower middle income country or from a lower middle income country to a low income country shall retain its candidacy status in its former income classification for the fiscal year and the 2 subsequent fiscal years: Provided further , That publication in the Federal Register of a notice of availability of a copy of a Compact on the Millennium Challenge Corporation Web site shall be deemed to satisfy the requirements of section 610(b)(2) of the MCA for such Compact: Provided further , That none of the funds made available by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be available for a threshold program in a country that is not currently a candidate country: Provided further , That of the funds appropriated under this heading, not to exceed $100,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses. Inter-american foundation For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $22,500,000, to remain available until September 30, 2016: Provided , That of the funds appropriated under this heading, not to exceed $2,000 may be available for representation expenses. United states african development foundation For necessary expenses to carry out title V of the International Security and Development Cooperation Act of 1980 ( Public Law 96–533 ), $30,000,000, to remain available until September 30, 2016, of which not exceed $2,000 may be available for representation expenses: Provided , That funds made available to grantees may be invested pending expenditure for project purposes when authorized by the Board of Directors of the United States African Development Foundation (USADF): Provided further , That interest earned shall be used only for the purposes for which the grant was made: Provided further , That notwithstanding section 505(a)(2) of the African Development Foundation Act, in exceptional circumstances the Board of Directors of the USADF may waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to 10 percent if the increase is due solely to foreign currency fluctuation: Provided further , That the USADF shall provide a report to the Committees on Appropriations after each time such waiver authority is exercised. Department of the Treasury International affairs technical assistance For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $23,500,000, to remain available until September 30, 2017, which shall be available notwithstanding any other provision of law. IV International security assistance Department of State International narcotics control and law enforcement For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,005,610,000 to remain available until September 30, 2016: Provided , That the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country or international organization under chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further , That the Secretary of State shall provide to the Committees on Appropriations, not later than 45 days after the date of enactment of this Act and prior to the initial obligation of program and country funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a program and country-by-country basis for each proposed program, project, or activity: Provided further , That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading, except that any funds made available notwithstanding such section shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further , That the reporting requirements contained in section 1404 of Public Law 110–252 shall apply to funds made available by this Act, including a description of modifications, if any, to the security strategy of the Palestinian Authority: Provided further , That funds appropriated under this heading shall be made available to support training and technical assistance for foreign law enforcement, corrections, and other judicial authorities, utilizing regional partners. Nonproliferation, anti-terrorism, demining and related programs For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $672,796,000, to remain available until September 30, 2016, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided , That funds made available under this heading for the Nonproliferation and Disarmament Fund shall be available notwithstanding any other provision of law and subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to nonproliferation, disarmament and weapons destruction, and shall remain available until expended: Provided further , That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further , That funds appropriated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being denied its right to participate in the activities of that Agency: Provided further , That funds made available for conventional weapons destruction programs, including demining and related activities, in addition to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of such programs and activities. Peacekeeping operations For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $221,150,000: Provided , That funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance the capacity of foreign civilian security forces, including gendarmes, to participate in peacekeeping operations: Provided further , That of the funds appropriated under this heading, not less than $28,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: Provided further , That funds appropriated under this Act should not be used to support any military training or operations that include child soldiers: Provided further , That none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. Funds Appropriated to the President International military education and training For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $107,474,000, of which up to $4,000,000 may remain available until September 30, 2016, and may only be provided through the regular notification procedures of the Committees on Appropriations: Provided , That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights: Provided further , That of the funds appropriated under this heading, not to exceed $55,000 may be available for entertainment expenses. Foreign military financing program For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $5,540,258,000: Provided , That to expedite the provision of assistance to foreign countries and international organizations, the Secretary of State, following consultation with the Committees on Appropriations and subject to the regular notification procedures of such Committees, may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of foreign security forces: Provided further , That of the funds appropriated under this heading, not less than $3,100,000,000 shall be available for grants only for Israel, and funds are available for assistance for Jordan and Egypt subject to section 7041 of this Act: Provided further , That the funds appropriated under this heading for assistance for Israel shall be disbursed within 30 days of enactment of this Act: Provided further , That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel under this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $815,300,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further , That none of the funds made available under this heading shall be made available to support or continue any program initially funded under the authority of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 119 Stat. 3456) unless the Secretary of State, in coordination with the Secretary of Defense, has justified such program to the Committees on Appropriations: Provided further , That funds appropriated or otherwise made available under this heading shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further , That funds made available under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a). None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed with such funds: Provided , That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of this Act: Provided further , That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further , That only those countries for which assistance was justified for the Foreign Military Sales Financing Program in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further , That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further , That not more than $63,945,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further , That of the funds made available under this heading for general costs of administering military assistance and sales, not to exceed $4,000 may be available for entertainment expenses and not to exceed $130,000 may be available for representation expenses: Provided further , That not more than $904,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2015 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations. V Multilateral assistance Funds Appropriated To The President international organizations and programs For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973, $271,270,000: Provided , That none of the funds in this Act may be made available for the Intergovernmental Panel on Climate Change/United Nations Framework Convention on Climate Change: Provided further , That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United Nations Democracy Fund. International financial institutions Global environment facility For payment to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility by the Secretary of the Treasury, $136,563,000, to remain available until expended. Contribution to the international development association For payment to the International Development Association by the Secretary of the Treasury, $1,290,600,000, to remain available until expended. contribution to the international bank for reconstruction and development For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $186,957,000, to remain available until expended. Limitation on Callable Capital Subscriptions The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $2,928,990,899. Contribution to the inter-american development bank For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increase in capital stock, $102,020,000, to remain available until expended. limitation on callable capital subscriptions The United States Governor of the Inter-American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $4,098,794,833. Contribution to the asian development bank For payment to the Asian Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of increase in capital stock, $106,586,000, to remain available until expended. Limitation on callable capital subscriptions The United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $2,558,048,769. Contribution to the asian development fund For payment to the Asian Development Bank's Asian Development Fund by the Secretary of the Treasury, $109,854,000, to remain available until expended. contribution to the african development bank For payment to the African Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increase in capital stock, $32,418,000, to remain available until expended. Limitation on Callable Capital Subscriptions The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $507,860,808. Contribution to the african development fund For payment to the African Development Fund by the Secretary of the Treasury, $176,336,000, to remain available until expended. Contribution to the international fund for agricultural development For payment to the International Fund for Agricultural Development by the Secretary of the Treasury, $30,000,000, to remain available until expended. VI Export and investment assistance Export-Import bank of the united states Inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $5,750,000, to remain available until September 30, 2016. Program account The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided , That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this Act: Provided further , That notwithstanding section 1(c) of Public Law 103–428 , as amended, sections 1(a) and (b) of Public Law 103–428 shall remain in effect through October 1, 2015. Administrative expenses For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 , and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $105,000,000: Provided , That the Export-Import Bank (the Bank) may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been made: Provided further , That notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) thereof shall remain in effect until September 30, 2015: Provided further , That the Bank shall charge fees for necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the collection of moneys owed the Bank, repossession or sale of pledged collateral or other assets acquired by the Bank in satisfaction of moneys owed the Bank, or the investigation or appraisal of any property, or the evaluation of the legal, financial, or technical aspects of any transaction for which an application for a loan, guarantee or insurance commitment has been made, or systems infrastructure directly supporting transactions: Provided further , That, in addition to other funds appropriated for administrative expenses, such fees shall be credited to this account, to remain available until expended. Receipts collected Receipts collected pursuant to the Export-Import Bank Act of 1945, as amended, and the Federal Credit Reform Act of 1990, as amended, in an amount not to exceed the amount appropriated herein, shall be credited as offsetting collections to this account: Provided , That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by such offsetting collections so as to result in a final fiscal year appropriation from the General Fund estimated at $0: Provided further , That amounts collected in fiscal year 2015 in excess of obligations, up to $10,000,000, shall become available on September 1, 2015, and shall remain available until September 30, 2018. Overseas private investment corporation Noncredit account The Overseas Private Investment Corporation is authorized to make, without regard to fiscal year limitations, as provided by 31 U.S.C. 9104 , such expenditures and commitments within the limits of funds available to it and in accordance with law as may be necessary: Provided , That the amount available for administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation expenses which shall not exceed $35,000) shall not exceed $62,574,000: Provided further , That project-specific transaction costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided to specific investors or potential investors pursuant to section 234 of the Foreign Assistance Act of 1961, shall not be considered administrative expenses for the purposes of this heading. Program account For the cost of direct and guaranteed loans, $25,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be derived by transfer from the Overseas Private Investment Corporation Noncredit Account: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That such sums shall be available for direct loan obligations and loan guaranty commitments incurred or made during fiscal years 2015, 2016 and 2017: Provided further , That funds so obligated in fiscal year 2015 remain available for disbursement through 2023; funds obligated in fiscal year 2016 remain available for disbursement through 2024; and funds obligated in fiscal year 2017 remain available for disbursement through 2025: Provided further , That notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 in Iraq: Provided further , That funds made available pursuant to the authority of the previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations. In addition, such sums as may be necessary for administrative expenses to carry out the credit program may be derived from amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account. Trade and development agency For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $57,573,000, to remain available until September 30, 2016: Provided , That of the amounts made available under this heading, up to $2,500,000 may be made available to provide comprehensive procurement advice to foreign governments to support local procurements funded by the United States Agency for International Development, the Millennium Challenge Corporation, and the Department of State: Provided further , That of the funds appropriated under this heading, not more than $4,000 may be available for representation and entertainment expenses. VII General Provisions allowances and differentials 7001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by sub chapter 59 of title 5, United States Code; for services as authorized by 5 U.S.C. 3109 ; and for hire of passenger transportation pursuant to 31 U.S.C. 1343(b) . unobligated balances report 7002. Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2015 or any previous fiscal year, disaggregated by fiscal year: Provided , That the report required by this section should specify by account the amount of funds obligated pursuant to bilateral agreements which have not been further sub-obligated. consulting services 7003. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109 , shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law. diplomatic facilities 7004. (a) Of funds provided under title I of this Act, except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act; 113 Stat. 1501A–453), as amended by section 629 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005. (b) Notwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the United States Marine Corps. (c) For the purposes of calculating the fiscal year 2015 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares in a manner that is proportional to the Department of State's contribution for this purpose. (d) Funds appropriated by this Act, and any prior Act making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property or award of construction contracts for overseas diplomatic facilities during fiscal year 2015, shall be subject to the regular notification procedures of, and prior approval by, the Committees on Appropriations: Provided , That notifications pursuant to this subsection shall include the information enumerated under the heading Embassy Security, Construction, and Maintenance in the report accompanying this Act. (e) (1) None of the funds appropriated under the heading Embassy Security, Construction, and Maintenance in this Act and in prior Acts making appropriations for the Department of State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing contributions and reimbursements, or generated from the proceeds of real property sales, other than from real property sales located in London, United Kingdom, may be made available for site acquisition and mitigation, planning, design, or construction of the New London Embassy: Provided , That the reporting requirement contained in section 7004(f)(2) of division I of Public Law 112–74 shall remain in effect. (2) Funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, under the heading Embassy Security, Construction, and Maintenance may be obligated for the relocation of the United States Embassy to the Holy See only if the Secretary of State reports in writing to the Committees on Appropriations that such relocation continues to be consistent with the conditions of section 7004(e)(2) of division K of Public Law 113–76 . personnel actions 7005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency: Provided , That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further , That use of funds to carry out this section shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Prohibition on first-class travel 7006. None of the funds made available in this Act may be used for first-class travel by 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. prohibition against direct funding for certain countries 7007. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided , That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents. coups d’état 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of enactment of this Act, a coup d'état or decree in which the military plays a decisive role: Provided , That, not later than 30 days after an elected head of government is deposed through force or other undemocratic processes, the Secretary of State shall determine and report to the appropriate congressional committees if the events described in the matter preceding this proviso have transpired: Provided further , That the determination in the previous proviso may be submitted in classified form if necessary: Provided further , That assistance terminated by the application of this section may be resumed if the Secretary of State determines and certifies to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office or that provision of assistance is vital to the national security interests of the United States: Provided further , That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further , That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations and under section 634A of the Foreign Assistance Act of 1961. transfer authority 7009. (a) Department of State and Broadcasting Board of Governors (1) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (2) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (3) Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 7015 (a) and (b) of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (b) Export Financing Transfer Authorities Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 2015, for programs under title VI of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any such transfer: Provided , That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations. (c) Limitation on Transfers Between Agencies (1) None of the funds made available under titles II through V 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. (2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961. (3) Any agreement entered into by the United States Agency for International Development (USAID) or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Global Health Programs , Development Assistance , and Economic Support Fund shall be subject to the regular notification procedures of the Committees on Appropriations: Provided , That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State. (d) Transfers Between Accounts None of the funds made available under titles II through V of this Act may be obligated under an appropriation account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. (e) Audit of Inter-agency Transfers Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds: Provided , That such audits shall be transmitted to the Committees on Appropriations: Provided further , That funds transferred under such authority may be made available for the cost of such audits. reporting requirement 7010. The Secretary of State shall provide the Committees on Appropriations, not later than April 1, 2015, and for each fiscal quarter, a report in writing on the uses of funds made available under the headings Foreign Military Financing Program , International Military Education and Training , Peacekeeping Operations , and Pakistan Counterinsurgency Capability Fund in this Act, or prior Acts making appropriations for the Department of State, foreign operations, and related programs: Provided , That such report shall include a description of the obligation and expenditure of funds, and the specific country in receipt of, and the use or purpose of, the assistance provided by such funds. availability of funds 7011. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided , That funds appropriated for the purposes of chapters 1 and 8 of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act, and funds provided under the heading Development Credit Authority shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further , That notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially allocated or obligated before the expiration of their respective periods of availability contained in this Act: Provided further , That the Secretary of State shall provide a report to the Committees on Appropriations at the beginning of each fiscal year, detailing by account and source year, the use of this authority during the previous fiscal year. limitation on assistance to countries in default 7012. No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultations with the Committees on Appropriations, that assistance for such country is in the national interest of the United States. prohibition on taxation of united states assistance 7013. (a) Prohibition on Taxation None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement. (b) Reimbursement of Foreign Taxes An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2015 on funds appropriated by this Act by a foreign government or entity against United States assistance programs for which funds are appropriated by this Act, either directly or through grantees, contractors, and subcontractors shall be withheld from obligation from funds appropriated for assistance for fiscal year 2016 and allocated for the central government of such country and for the West Bank and Gaza program to the extent that the Secretary of State certifies and reports in writing to the Committees on Appropriations, not later than September 30, 2016 that such taxes have not been reimbursed to the Government of the United States. (c) De Minimis Exception Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). (d) Reprogramming of Funds Funds withheld from obligation for each country or entity pursuant to subsection (b) shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner. (e) Determinations (1) The provisions of this section shall not apply to any country or entity the Secretary of State reports to the Committees on Appropriations— (A) does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation. (2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any country or entity. (f) Implementation The Secretary of State shall issue rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) Definitions As used in this section— (1) the term bilateral agreement refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement; (2) the terms taxes and taxation shall include value added taxes and customs duties but shall not include individual income taxes assessed to personnel employed by the United States. (h) Report The Secretary of State, in consultation with the heads of other relevant departments or agencies, shall submit a report to the Committees on Appropriations, not later than 90 days after the enactment of this Act, detailing steps taken by such departments or agencies to comply with the requirements of this section. reservations of funds 7014. (a) Funds appropriated under titles II through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided , That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided. (b) In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the United States Agency for International Development (USAID) that are specifically designated for particular programs or activities by this or any other Act shall be extended for an additional fiscal year if the USAID Administrator determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided , That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation. (c) Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided , That specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act. notification requirements 7015. (a) None of the funds made available in titles I and II of this Act, or in prior appropriations Acts to the agencies and departments funded by this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the agencies and departments funded by this Act, shall be available for obligation or expenditure of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) closes or opens a mission or post; (6) creates, closes, reorganizes, or renames bureaus, branches, centers, offices, or other units of personnel; (7) reorganizes programs or activities; or (8) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds: Provided , That unless previously justified to the Committees on Appropriations, the requirements of this subsection shall apply to all obligations of funds appropriated under titles I and II of this Act. (b) None of the funds provided under titles I and II of this Act, or provided under previous appropriations Acts to the agency or department funded under titles I and II of this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agency or department funded under title I of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $1,000,000 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, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (c) None of the funds made available under titles III through VI of this Act under the headings Global Health Programs , Development Assistance , International Organizations and Programs , Trade and Development Agency , International Narcotics Control and Law Enforcement , Economic Support Fund , Democracy Fund , Peacekeeping Operations , Nonproliferation, Anti-terrorism, Demining and Related Programs , Millennium Challenge Corporation , Foreign Military Financing Program , International Military Education and Training , and Peace Corps , shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance: Provided , That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided further , That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming for an activity, program, or project for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fiscal year: Provided further , That any notification submitted pursuant to this subsection shall identify when funds are being provided notwithstanding any other provision of law and include justification for the use of such notwithstanding. (d) Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated under title I of this Act, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations, and funds made available for programs authorized by section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ), shall be subject to the regular notification procedures of the Committees on Appropriations. (e) The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided , That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further , That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. (f) None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Afghanistan, Burma, Cambodia, Cuba, Ethiopia, Haiti, Iran, Iraq, Lebanon, Libya, Pakistan, the Russian Federation, Serbia, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. notification on excess defense equipment 7016. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided , That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further , That such Committees shall also be informed of the original acquisition cost of such defense articles. limitation on availability of funds for international organizations and programs 7017. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles III through VI of this Act, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961 or section 7048(a) of this Act, shall remain available for obligation until September 30, 2016: Provided , That the requirement to withhold funds for programs in Burma under section 307(a) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated by this Act. prohibition on funding for abortions and involuntary sterilization 7018. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. allocations 7019. (a) Funds provided in this Act shall be made available for programs and countries in the amounts contained in the respective tables included in the report accompanying this Act. (b) For the purposes of implementing this section and only with respect to the tables included in the report accompanying this Act, the Secretary of State, the Administrator of the United States Agency for International Development, and the Broadcasting Board of Governors, as appropriate, may propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations. representation and entertainment expenses 7020. (a) Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests and are— (1) primarily for fostering relations outside of the Executive Branch; (2) principally for meals and events of a protocol nature; (3) not for employee-only events; and (4) do not include activities that are substantially of a recreational character. (b) None of the funds appropriated or otherwise made available by this Act under the headings International Military Education and Training or Foreign Military Financing Program for Informational Program activities or under the headings Global Health Programs , Development Assistance , and Economic Support Fund may be obligated or expended to pay for— (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, including but not limited to entrance fees at sporting events, theatrical and musical productions, and amusement parks. prohibition on assistance to governments supporting international terrorism 7021. (a) Lethal Military Equipment Exports (1) None of the funds appropriated or otherwise made available by titles III through VI of this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided , That the prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment: Provided further , That this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997. (2) Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interests of the United States. (3) Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests. (b) Bilateral Assistance (1) Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines— (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international terrorism; or (C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (2) The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided , That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations. authorization requirements 7022. Funds appropriated by this Act, except funds appropriated under the heading Trade and Development Agency , may be obligated and expended notwithstanding section 10 of Public Law 91–672 , section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ), and section 504(a)(1) of the National Security Act of 1947 ( 50 U.S.C. 3094(a)(1) ). definition of program, project, and activity 7023. For the purpose of titles II through VI of this Act program, project, and activity shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the following accounts: Economic Support Fund and Foreign Military Financing Program , program, project, and activity shall also be considered to include country, regional, and central program level funding within each such account; and for the development assistance accounts of the United States Agency for International Development, program, project, and activity shall also be considered to include central, country, regional, and program level funding, either as— (1) justified to the Congress; or (2) allocated by the Executive Branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961. authorities for the peace corps, inter-american foundation and united states african development foundation 7024. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act: Provided , That prior to conducting activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 days of taking such action. commerce, trade and surplus commodities 7025. (a) None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided , That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further , That this subsection shall not prohibit— (1) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (b) None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided , That this subsection shall not prohibit— (1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; (2) research activities intended primarily to benefit American producers; (3) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (c) The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions, as defined in section 7029(f) of this Act, to use the voice and vote of the United States to oppose any assistance by such institutions, using funds appropriated or made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. separate accounts 7026. (a) Separate Accounts for Local Currencies (1) If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development (USAID) shall— (A) require that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth— (i) the amount of the local currencies to be generated; and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account. (2) Uses of local currencies As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only— (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as— (i) project and sector assistance activities; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government. (3) Programming accountability USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) Termination of assistance programs Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. (5) Reporting requirement The USAID Administrator shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used or to be used for such purpose in each applicable country. (b) Separate Accounts for Cash Transfers (1) In general If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them with any other funds. (2) Applicability of other provisions of law Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159). (3) Notification At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) Exemption Nonproject sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the regular notification procedures of the Committees on Appropriations. eligibility for assistance 7027. (a) Assistance Through Nongovernmental Organizations Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961: Provided , That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations pursuant to the regular notification procedures, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further , That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. (b) Public Law 480 During fiscal year 2015, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Food for Peace Act ( Public Law 83–480 ): Provided , That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. (c) Exception This section shall not apply— (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. local competition 7028. (a) Requirements for exceptions to competition for local entities Funds appropriated by this Act that are made available to the United States Agency for International Development (USAID) may only be made available for limited competitions through local entities if— (1) prior to the determination to limit competition to local entities, USAID has— (A) assessed the level of local capacity to effectively implement, manage, and account for programs included in such competition; and (B) documented the written results of the assessment and decisions made; and (2) prior to making an award after limiting competition to local entities— (A) each successful local entity has been determined to be responsible in accordance with USAID guidelines; and (B) effective monitoring and evaluation systems are in place to ensure that award funding is used for its intended purposes; and (3) no level of acceptable fraud is assumed. (b) In addition to the requirements of paragraph (1), the Administrator of USAID shall report, on a semi-annual basis, to the appropriate congressional committees on all awards subject to limited or no competition for local entities: Provided , That such report should be posted on the USAID Web site: Provided further , That the requirements of this subsection shall only apply to awards in excess of $3,000,000 and sole source awards to local entities in excess of $2,000,000. international financial institutions 7029. (a) None of the funds appropriated under title V of this Act may be made as payment to any international financial institution, including payments to World Bank-administered trust funds, until the Secretary of the Treasury certifies to the Committees on Appropriations that such institution or fund has in place or is developing a policy and practice of requiring independent, outside evaluations of each project and program loan or grant and significant analytical, non-lending activity, and the impact of such loan, grant, or activity on achieving the institution’s goals, including reducing poverty and promoting equitable economic growth, consistent with effective safeguards. (b) None of the funds appropriated under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to oppose any loan, grant, strategy, or policy of such institution that would require user fees or service charges on poor people for primary education or primary healthcare, including maternal and child health, and the prevention, care and treatment of HIV/AIDS, malaria, and tuberculosis in connection with such institution's financing programs. (d) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to use the voice and vote of the United States to oppose any loan, project, agreement, memorandum, instrument, plan, or other program of the IMF to a Heavily Indebted Poor Country that imposes budget caps or restraints that do not allow the maintenance of or an increase in governmental spending on healthcare or education; and to promote government spending on healthcare, education, agriculture and food security, or other critical safety net programs in all of the IMF’s activities with respect to Heavily Indebted Poor Countries. (e) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to seek to ensure that each such institution responds to the findings and recommendations of its accountability mechanisms by providing just compensation or other appropriate redress to individuals and communities that suffer violations of human rights, including forced displacement, resulting from any loan, grant, strategy or policy of such institution. (f) For the purposes of this Act, international financial institutions shall mean the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund. debt-for-development 7030. In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization. financial management and budget transparency 7031. (a) Limitation on Direct Government-to-Government Assistance (1) Funds appropriated by this Act may be made available for direct government-to-government assistance only if— (A) each implementing agency or ministry to receive assistance has been assessed and is considered to have the systems required to manage such assistance and any identified vulnerabilities or weaknesses of such agency or ministry have been addressed; and (i) the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and management capabilities; (ii) the recipient agency or ministry has adopted competitive procurement policies and systems; (iii) effective monitoring and evaluation systems are in place to ensure that such assistance is used for its intended purposes; (iv) no level of acceptable fraud is assumed; and (v) the government of the recipient country is taking steps to publicly disclose on an annual basis its national budget, to include income and expenditures; (B) the recipient government is in compliance with the principles set forth in section 7013 of this Act; (C) the recipient agency or ministry is not headed or controlled by an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act; (D) the Government of the United States and the government of the recipient country have agreed, in writing, on clear and achievable objectives for the use of such assistance, which should be made available on a cost-reimbursable basis; and (E) the recipient government is taking steps to protect the rights of civil society, including freedom of association and assembly. (2) In addition to the requirements in subsection (a), no funds may be made available for direct government-to-government assistance without prior consultation with, and notification of, the Committees on Appropriations: Provided , That such notification shall contain an explanation of how the proposed activity meets the requirements of paragraph (1): Provided further , That the requirements of this paragraph shall only apply to direct government-to-government assistance in excess of $10,000,000 and all funds available for cash transfer, budget support, and cash payments to individuals. (3) The Administrator of the United States Agency for International Development (USAID) or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appropriately addressed. (4) The Secretary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2016 congressional budget justification materials, amounts planned for assistance described in subsection (a) by country, proposed funding amount, source of funds, and type of assistance. (5) Not later than 90 days after the enactment of this Act and 6 months thereafter until September 30, 2015, the USAID Administrator shall submit to the Committees on Appropriations a report that— (A) details all assistance described in subsection (a) provided during the previous 6-month period by country, funding amount, source of funds, and type of such assistance; and (B) the type of procurement instrument or mechanism utilized and whether the assistance was provided on a reimbursable basis. (6) None of the funds made available in this Act may be used for any foreign country for debt service payments owed by any country to any international financial institution: Provided , That for purposes of this subsection, the term international financial institution has the meaning given the term in section 7029(f) of this Act. (b) National Budget and Contract Transparency (1) Minimum Requirements of Fiscal Transparency The Secretary of State shall continue to update and strengthen the minimum requirements of fiscal transparency for each government receiving assistance appropriated by this Act, as identified in the report required by section 7031(b) of division K of Public Law 113–76 ( the Report ). (2) Definition For purposes of paragraph (1), minimum requirements of fiscal transparency are requirements consistent with those in subsection (a)(1), and the public disclosure of national budget documentation (to include receipts and expenditures by ministry) and government contracts and licenses for natural resource extraction (to include bidding and concession allocation practices). (3) Determination and report For each government identified pursuant to paragraph (1), the Secretary of State, not later than 180 days after enactment of this Act, shall make or update any determination of significant progress or no significant progress in meeting the minimum requirements of fiscal transparency, and make such determinations publicly available in an annual Fiscal Transparency Report to be posted on the Department of State’s Web site: Provided , That the Secretary shall identify the significant progress made by each such government to publicly disclose national budget documentation, contracts, and licenses which are additional to such information disclosed in previous fiscal years, and include specific recommendations of short- and long-term steps such government should take to improve fiscal transparency: Provided further , That the annual report shall include a detailed description of how funds appropriated by this Act are being used to improve fiscal transparency, and identify benchmarks for measuring progress. (4) Assistance Of the funds appropriated under title III of this Act, not less than $10,000,000 should be made available for programs and activities to assist governments identified pursuant to paragraph (1) to improve budget transparency and to support civil society organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to funds otherwise made available for such purposes: Provided further , That a description of the uses of such funds shall be included in the annual Fiscal Transparency Report required by paragraph (3). (c) Anti-kleptocracy and Human Rights (1) Officials of foreign governments and their immediate family members who the Secretary of State has credible information have been involved in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights shall be ineligible for entry into the United States. (2) Individuals shall not be ineligible if entry into the United States would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided , That nothing in paragraph (1) shall be construed to derogate from United States Government obligations under applicable international agreements. (3) The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4) Not later than 6 months after enactment of this Act, the Secretary of State shall submit a report, including a classified annex if necessary, to the Committees on Appropriations describing the information relating to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver. (5) Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State’s Web site, 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. (d) Foreign assistance web site Funds appropriated by this Act under the heading Economic Support Fund may be made available to support the provision of additional information on United States Government foreign assistance on the Department of State's foreign assistance Web site: Provided , That all Federal agencies funded under this Act shall provide such information on foreign assistance, upon request, to the Department of State. Democracy programs 7032. (a) Funds made available by this Act for democracy programs may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation. (b) For purposes of funds appropriated by this Act, the term democracy programs means programs that support good governance, credible and competitive elections, freedom of expression, association, assembly, and religion, human rights, independent media, and the rule of law, and that otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states, and institutions that are responsive and accountable to citizens. (c) With respect to the provision of assistance for democracy, human rights, and governance activities in this Act, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject to the prior approval by the government of any foreign country: Provided , That the Secretary of State, in coordination with the Administrator of the United States Agency for International Development (USAID), shall report to the Committees on Appropriations, not later than 120 days after enactment of this Act, detailing steps taken by the Department of State and USAID to comply with the requirements of this subsection. (d) Funds appropriated by this Act that are made available for governance programs shall be made available only to support institutions and individuals that demonstrate a commitment to democracy. (e) Funds appropriated by this Act that are made available for democracy programs shall be made available to support freedom of religion, including in the Middle East and North Africa. (f) Funds appropriated by this Act under the headings Development Assistance and Economic Support Fund shall be allocated and administered according to the requirements under this subsection in the report accompanying this Act for Western Hemisphere democracy promotion. (g) The Bureau of Democracy, Human Rights, and Labor, Department of State and the Bureau for Democracy, Conflict, and Humanitarian Assistance, USAID, shall regularly communicate their planned programs to the NED. multi-year pledges 7033. None of the funds appropriated by this Act may be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act unless such pledge was— (1) previously justified, including the projected future year costs, in a congressional budget justification; (2) included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress; (3) notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or (4) the subject of prior consultation with the Committees on Appropriations and such consultation was conducted at least 7 days in advance of the pledge. special provisions 7034. (a) Victims of War, Displaced Children, and Displaced Burmese Funds appropriated in titles III and VI of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law. (b) Reconstituting Civilian Police Authority In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. (c) World Food Program Funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development (USAID), from this or any other Act, may be made available as a general contribution to the World Food Program, notwithstanding any other provision of law. (d) Disarmament, Demobilization and Reintegration Notwithstanding any other provision of law, regulation or Executive order, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund , Peacekeeping Operations , International Disaster Assistance , and Transition Initiatives may be made available to support programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organizations: Provided , That the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection: Provided further , That for the purposes of this subsection the term foreign terrorist organization means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (e) Directives and authorities (1) Funds appropriated by this Act under the heading Economic Support Fund shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 ( 22 U.S.C. 4501–4508 ). (2) Funds appropriated by this Act, and prior Acts making appropriations for the Department of State, foreign operations, and related programs, under the heading Economic Support Fund may be made available as a contribution to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations. (f) Partner Vetting Funds appropriated in this Act or any prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be used by the Secretary of State and the USAID Administrator, as appropriate, to support the continued implementation of the Partner Vetting System (PVS) pilot program: Provided , That the Secretary of State and the Administrator of USAID shall jointly submit a report to the Committees on Appropriations, not later than 30 days after completion of the pilot program, on the estimated timeline and criteria for evaluating the PVS for expansion: Provided further , That such report shall include the requirements under this subsection in the report accompanying this Act: Provided further , That such report may be delivered in classified form, if necessary. (g) Contingencies During fiscal year 2015, the President may use up to $100,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. (h) International child abductions The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided , That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection. (i) Transfers for Extraordinary Protection The Secretary of State may transfer to, and merge with, funds under the heading Protection of Foreign Missions and Officials unobligated balances of expired funds appropriated under the heading Diplomatic and Consular Programs for fiscal year 2015, except for funds designated for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated. (j) Extension of authorities (1) The authority contained in section 1115(d) of Public Law 111–32 shall remain in effect through September 30, 2015. (2) Section 824(g) of the Foreign Service Act of 1980 ( 22 U.S.C. 4064(g) ) shall be applied by substituting September 30, 2015 for October 1, 2010 in paragraph (2). (3) Section 61(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2733(a) ) shall be applied by substituting September 30, 2015 for October 1, 2010 in paragraph (2). (4) Section 625(j)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1) ) shall be applied by substituting September 30, 2015 for October 1, 2010 in subparagraph (B). (5) The authorities provided in section 1015(b) of Public Law 111–212 shall remain in effect through September 30, 2015. (6) The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ) is amended— (A) In section 599D ( 8 U.S.C. 1157 note)— (i) in subsection (b)(3), by striking and 2014 and inserting 2014, and 2015 ; and (ii) in subsection (e), by striking 2014 each place it appears and inserting 2015 ; and (B) in section 599E ( 8 U.S.C. 1255 note) in subsection (b)(2), by striking “2014” and inserting “2015”. (k) Definitions (1) Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees shall mean the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives. (2) Unless otherwise defined in this Act, for purposes of this Act the term funds appropriated in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall mean funds that remain available for obligation, and have not expired, and shall not include amounts that were designated by Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. arab league boycott of israel 7035. It is the sense of the Congress that— (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa; (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; (3) all Arab League states should normalize relations with their neighbor Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply. palestinian statehood 7036. (a) Limitation on Assistance None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of Congress It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver The President may waive subsection (a) if the President determines that it is important to the national security interests of the United States to do so. (d) Exemption The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act ( Limitation on Assistance for the Palestinian Authority ). restrictions concerning the palestinian authority 7037. None of the funds appropriated under titles II through VI of this Act may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided , That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further , That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem: Provided further , That as has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions. prohibition on assistance to the palestinian broadcasting corporation 7038. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. assistance for the west bank and gaza 7039. (a) Oversight For fiscal year 2015, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading Economic Support Fund for the West Bank and Gaza. (b) Vetting Prior to the obligation of funds appropriated by this Act under the heading Economic Support Fund for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity's governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization: Provided , That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity. (c) Prohibition (1) None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism. (2) Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza and reports on the extent of Palestinian compliance with such benchmarks. (d) Audits (1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act up to $500,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of this subsection: Provided , That such funds are in addition to funds otherwise available for such purposes. (e) Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2015 under the heading Economic Support Fund , and such audit shall address— (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (f) Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. (g) Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations updating the report contained in section 2106 of chapter 2 of title II of Public Law 109–13 . limitation on assistance for the palestinian authority 7040. (a) Prohibition of Funds None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) Waiver The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interests of the United States. (c) Period of Application of Waiver Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (d) Report Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed: Provided , That the report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. (e) Certification If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel. (f) Prohibition to Hamas and the Palestine Liberation Organization (1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member or that results from an agreement with Hamas. (2) Notwithstanding the limitation of subsection (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended. (3) The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961 as added by the Palestinian Anti-Terrorism Act of 2006 ( Public Law 109–446 ) with respect to this subsection. (4) Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended: Provided , That the report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government. (5) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization. near east 7041. (a) Egypt (1) In general Funds appropriated by this Act that are available for assistance for the Government of Egypt may only be made available if the Secretary of State certifies to the Committees on Appropriations that such government is— (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 Egypt- Israel Peace Treaty. (2) Economic support fund (A) Of the funds appropriated by this Act under the heading Economic Support Fund , and subject to paragraph (6) of this subsection, up to $200,000,000 may be made available for assistance for Egypt, subject to the regular notification procedures of the Committees on Appropriations: Provided , That such funds may also be made available for democracy programs. (B) Notwithstanding any provision of law restricting assistance for Egypt, including paragraph (6) of this subsection, funds made available under the heading Economic Support Fund in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for Egypt may be made available for education and economic growth programs, subject to prior consultation with the appropriate congressional committees: Provided , That such funds may not be made available for cash transfer assistance or budget support unless the Secretary of State certifies to the appropriate congressional committees that the Government of Egypt is taking steps to stabilize the economy and implement market-based economic reforms. (C) The Secretary of State may reduce the amount of assistance for the central Government of Egypt under the heading Economic Support Fund by an amount the Secretary determines is equivalent to that expended by the United States Government for bail, and by nongovernmental organizations for legal and court fees, associated with democracy-related trials in Egypt. (3) Foreign military financing program Of the funds appropriated by this Act under the heading Foreign Military Financing Program , and subject to paragraph (6) of this subsection, up to $1,300,000,000, to remain available until September 30, 2016, may be made available for assistance for Egypt which may be transferred to an interest bearing account in the Federal Reserve Bank of New York, following consultation with the Committees on Appropriations: Provided , That if the Secretary of State is unable to make the certification in subparagraph (6)(A) or (B) of this subsection, such funds may be made available at the minimum rate necessary to continue existing contracts, notwithstanding any other provision of law restricting assistance for Egypt and following consultation with the Committees on Appropriations, except that defense articles and services from such contracts shall not be delivered until the certification requirements in subparagraph (6)(A) or (B) of this subsection are met: Provided further , That not later than 30 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing any defense articles withheld from delivery to Egypt as of the date of enactment of this Act: Provided further , That the report required in the previous proviso shall include a detailed description of the conditions and timeline under which the delivery of such items will resume, and the costs incurred from such withholding and the costs planned for the subsequent delivery for each defense article. (4) Prior year funds Funds appropriated under the headings Foreign Military Financing Program and International Military Education and Training in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available notwithstanding any provision of law restricting assistance for Egypt, except that such funds under the heading Foreign Military Financing Program shall only be made available at the minimum rate necessary to continue existing contracts, and following consultation with the Committees on Appropriations. (5) Security exemptions Notwithstanding any other provision of law restricting assistance for Egypt, including paragraphs (3), (4), and (6) of this subsection, funds made available for assistance for Egypt in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for counterterrorism, border security, and nonproliferation programs in Egypt, and for development activities in the Sinai. (6) Fiscal year 2015 funds Except as provided in paragraphs (2), (3) and (5) of this subsection, funds appropriated by this Act under the headings Economic Support Fund , International Military Education and Training , and Foreign Military Financing Program for assistance for the Government of Egypt may be made available notwithstanding any provision of law restricting assistance for Egypt as follows— (A) up to $975,000,000 may be made available if the Secretary of State certifies to the Committees on Appropriations that the Government of Egypt has held parliamentary elections and is taking steps to support a democratic transition in Egypt; and (B) up to $526,700,000 may be made available if the Secretary of State certifies to the Committees on Appropriations that the Government of Egypt is taking steps to govern democratically. (b) Iran (1) It is the policy of the United States to seek to prevent Iran from achieving the capability to produce or otherwise manufacture nuclear weapons, including by supporting international diplomatic efforts to halt Iran's uranium enrichment program, and the President should fully implement and enforce the Iran Sanctions Act of 1996, as amended ( Public Law 104–172 ) as a means of encouraging foreign governments to require state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran. (2) None of the funds appropriated or otherwise made available in this Act under the heading Export-Import Bank of the United States may be used to provide any new financing (including loans, guarantees, other credits, insurance, and reinsurance) to any person that is subject to sanctions under paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ). (3) (A) The reporting requirements in section 7043(c) in division F of Public Law 111–117 shall continue in effect during fiscal year 2015 as if part of this Act: Provided , That the date in subsection (c)(1) shall be deemed to be September 30, 2015 . (B) The President shall submit to the appropriate congressional committees, not later than 30 days after enactment of this Act and at the end of each 30-day period thereafter until September 30, 2015, a report on the implementation of the Joint Plan of Action between the P5+1 and the Government of Iran concluded on November 24, 2013, and any extension of or successor to that agreement: Provided , That the report shall include the requirements under this subsection in the report accompanying this Act, and may be submitted in classified form if necessary. (c) Iraq (1) Funds appropriated by this Act for assistance for the Government of Iraq under Bilateral Economic Assistance and International Security Assistance should be made available to such government to support efforts to promote internal and regional stability, including in Kurdistan to address requirements arising from the conflict in the region. (2) None of the funds appropriated by this Act may be made available for construction, rehabilitation, or other improvements to United States facilities in Iraq on property for which no land-use agreement has been entered into by the Governments of the United States and Iraq: Provided , That the restrictions in this paragraph shall not apply if such funds are necessary to protect United States Government facilities or the security, health, and welfare of United States personnel. (d) Jordan Of the funds appropriated by this Act for assistance for Jordan— (1) not less than $360,000,000 shall be made available under the heading Economic Support Fund in title III and not less than $300,000,000 shall be made available under the heading Foreign Military Financing Program in title IV; and (2) from amounts appropriated under title VIII for Overseas Contingency Operations/Global War on Terrorism, $340,000,000 shall be made available for the extraordinary costs related to instability in the region. (e) Lebanon (1) None of the funds appropriated by this Act may be made available for the Lebanese Armed Forces (LAF) if the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act. (2) Funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Lebanon may be made available only to professionalize the LAF and to strengthen border security and combat terrorism, including training and equipping the LAF to secure Lebanon's borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for terrorist groups, and to implement United Nations Security Council Resolution 1701: Provided , That funds may not be made available for obligation for assistance for the LAF until the Secretary of State submits a detailed spend plan, including actions to be taken to ensure that equipment provided to the LAF is used only for the intended purposes, to the Committees on Appropriations, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961, and shall be submitted not later than September 1, 2015: Provided further , That any notification submitted pursuant to section 634A of the Foreign Assistance Act of 1961 or section 7015 of this Act shall include any funds specifically intended for lethal military equipment. (f) Libya (1) None of the funds appropriated by this Act may be made available for assistance for the central Government of Libya unless the Secretary of State reports to the Committees on Appropriations that such government is cooperating with United States Government efforts to investigate and bring to justice those responsible for the attack on United States personnel and facilities in Benghazi, Libya in September 2012: Provided , That the limitation in this paragraph shall not apply to funds made available for the purpose of protecting United States Government personnel or facilities. (2) Any notification required for assistance for Libya for funds appropriated under title IV of this Act shall include a detailed justification for such assistance, and a description of the vetting procedures used for any individual or unit receiving such assistance. (g) Loan guarantees Funds appropriated by this Act under the heading Economic Support Fund may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Tunisia and Jordan, which are authorized to be provided: Provided , That amounts made available under this subsection for the cost of guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country: Provided further , That funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (h) Morocco Funds appropriated by this Act under title III that are available for assistance for Morocco shall also be made available for any region or territory administered by Morocco, including the Western Sahara: Provided , That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit a report to the Committees on Appropriations, not less than 90 days after enactment of this Act, on requirements under this section in the report accompanying this Act. (i) Syria (1) Funds appropriated under title III of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available notwithstanding any other provision of law for non-lethal assistance for programs to address the needs of civilians affected by conflict in Syria, and for programs that seek to— (A) establish governance in Syria that is representative, inclusive, and accountable; (B) develop and implement political processes that are democratic, transparent, and adhere to the rule of law; (C) further the legitimacy of the Syrian opposition through cross-border programs; (D) develop civil society and an independent media in Syria; (E) promote economic development in Syria; (F) document, investigate, and prosecute human rights violations in Syria, including through transitional justice programs and support for nongovernmental organizations; and (G) counter extremist ideologies. (2) Prior to the obligation of funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all appropriate steps to ensure that mechanisms are in place for the adequate monitoring, oversight, and control of such assistance inside Syria: Provided , That the Secretary of State shall promptly inform the appropriate congressional committees of each significant instance in which assistance provided pursuant to the authority of this subsection has been compromised, to include the type and amount of assistance affected, a description of the incident and parties involved, and an explanation of the Department of State's response. (3) Funds appropriated by this Act that are made available for assistance for Syria pursuant to the authority of this subsection may only be made available after the Secretary of State, in consultation with the heads of relevant United States Government agencies, submits, in classified form if necessary, an update to the comprehensive strategy required in subsection 7041(i) of Public Law 113–76 . (4) Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations. (j) West Bank and Gaza (1) Report on Assistance Prior to the initial obligation of funds made available by this Act under the heading Economic Support Fund for assistance for the West Bank and Gaza, the Secretary of State shall report to the Committees on Appropriations that the purpose of such assistance is to— (A) advance Middle East peace; (B) improve security in the region; (C) continue support for transparent and accountable government institutions; (D) promote a private sector economy; or (E) address urgent humanitarian needs. (2) Limitations (A) None of the funds appropriated under the heading Economic Support Fund in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act— (i) the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or (ii) the Palestinians initiate an International Criminal Court judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. (B) (i) The President may waive the provisions of section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have not, after the date of enactment of this Act, obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians. (ii) Not less than 90 days after the President is unable to make the certification pursuant to clause (i), the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations with Israel: Provided , That any waiver of the provisions of section 1003 of Public Law 100–204 under clause (i) of this subparagraph or under previous provisions of law must expire before the waiver under the preceding sentence may be exercised. (iii) Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (3) Funding reduction If the requirements for the obligation of assistance in subsection 7040(f) of this Act are met, the Secretary of State shall reduce the amount of assistance made available by this Act under the heading Economic Support Fund for the Palestinian Authority by an amount the Secretary determines is equivalent to that expended by the Palestinian Authority in payments to individuals and the families of such individuals that are imprisoned for acts of terrorism or who died committing such acts during the previous calendar year: Provided , That the Secretary shall report to the Committees on Appropriations on the amount reduced for fiscal year 2015 prior to the obligation of funds for the Palestinian Authority: Provided further , That the report in the previous proviso shall also include steps taken to prevent any such payments. (k) Yemen None of the funds appropriated by this Act for assistance for Yemen may be made available for the Armed Forces of Yemen if such forces are controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act. africa 7042. (a) Central african republic Funds made available by this Act for assistance for the Central African Republic shall be made available for reconciliation and peacebuilding programs, including activities to promote inter-faith dialogue at the national and local levels, and for programs to prevent crimes against humanity. (b) Counterterrorism Programs Of the funds appropriated by this Act, not less than $63,331,000 should be made available for the Trans-Sahara Counter-terrorism Partnership program, and not less than $24,000,000 should be made available for the Partnership for Regional East Africa Counterterrorism program. (c) Lord's resistance army Funds appropriated by this Act shall be made available for programs and activities in areas affected by the Lord's Resistance Army (LRA) consistent with the goals of the Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act ( Public Law 111–172 ), including to improve physical access, telecommunications infrastructure, and early-warning mechanisms and to support the disarmament, demobilization, and reintegration of former LRA combatants, especially child soldiers. (d) Natural Resource Transparency Funds appropriated by this Act that are available for assistance for Liberia, Sierra Leone, Nigeria, Cote d’Ivoire, Senegal, Ghana, and the countries participating in the Congo Basin Forest Partnership should be made available to promote and support transparency and accountability in relation to the extraction of timber, oil and gas, cacao, and other natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative and the Kimberley Process Certification Scheme. (e) Sudan (1) Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan. (2) None of the funds appropriated by this Act may be made available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements. (3) The limitations of paragraphs (1) and (2) shall not apply to— (A) humanitarian assistance; (B) assistance for the Darfur region, Southern Kordofan State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and (C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement (CPA), mutual arrangements related to post-referendum issues associated with the CPA, or any other internationally recognized viable peace agreement in Sudan. (f) South Sudan Funds appropriated by this Act that are made available for assistance for South Sudan should— (1) be prioritized for programs that respond to urgent humanitarian needs and the delivery of basic services and to mitigate conflict and promote stability, including to address protection needs and prevent and respond to gender-based violence; (2) support programs that build resilience of communities to address food insecurity, maintain educational opportunities, and enhance local governance; (3) be used to advance democratic principles, including support for civil society, independent media, and other means to strengthen the rule of law; (4) continue to support transparency and accountability measures, including in the oil and gas sector; and (5) support the professionalization of security forces, including human rights and accountability to civilian authorities. (g) Zimbabwe (1) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loans or grants to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, and freedom of speech and association. (2) None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State makes the determination required in paragraph (1), and funds may be made available for macroeconomic growth assistance if the Secretary reports to the Committees on Appropriations that such government is implementing transparent fiscal policies, including public disclosure of revenues from the extraction of natural resources. east asia and the pacific 7043. (a) Burma (1) Funds appropriated by this Act under the heading Economic Support Fund may be made available for assistance for Burma notwithstanding any other provision of law: Provided , That no such funds shall be made available to any successor or affiliated organization of the State Peace and Development Council (SPDC) controlled by former SPDC members that promote the repressive policies of the SPDC, or to any individual or organization credibly alleged to have committed gross violations of human rights, including against Rohingyas and other minority Muslim groups: Provided further , That such funds may be made available for programs administered by the Office of Transition Initiatives, United States Agency for International Development, for ethnic groups and civil society in Burma to help sustain ceasefire agreements and further prospects for reconciliation and peace, which may include support to representatives of ethnic armed groups for this purpose. (2) Funds appropriated under title III of this Act for assistance for Burma— (A) may not be made available for budget support for the Government of Burma; (B) shall be provided to strengthen civil society organizations in Burma, including as core support for such organizations; (C) shall be made available for community-based organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading Migration and Refugee Assistance ; and (D) shall be made available for ethnic and religious reconciliation programs, including in ceasefire areas, as appropriate, and to address the Rohingya and Kachin crises. (3) The Department of State may continue consultations with the armed forces of Burma only on human rights and disaster response, and following consultation with the appropriate congressional committees. (4) Funds appropriated by this Act should only be made available for assistance for the central Government of Burma if such government is implementing Constitutional reforms, in consultation with Burma’s political opposition and ethnic groups, providing for inclusive, transparent, and fair participation in presidential and parliamentary elections in Burma, including as voters and candidates. (5) Any new program or activity in Burma initiated in fiscal year 2015 shall be subject to prior consultation with the appropriate congressional committees. (b) North Korea None of the funds made available by this Act under the heading Economic Support Fund may be made available for assistance for the Government of North Korea. (c) People’s Republic of China (1) None of the funds appropriated under the heading Diplomatic and Consular Programs in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action. (2) The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army (PLA) of the People's Republic of China, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided , That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. (3) (A) None of the funds appropriated by this Act under the headings Global Health Programs , Development Assistance , and Economic Support Fund may be made available for assistance for the government of the People’s Republic of China. (B) The limitation of subparagraph (A) shall not apply to assistance described in paragraph (2) of subsection (d) of this section and for programs to detect, prevent, and treat infectious disease. (d) Tibet (1) The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. (2) Notwithstanding any other provision of law, funds appropriated by this Act under the heading Economic Support Fund shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China. (e) Vietnam Funds appropriated by this Act under the heading Economic Support Fund shall be made available for remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Government of Vietnam, including the military, for such purposes, and funds appropriated under the heading Development Assistance shall be made available for health/disability activities in areas sprayed with Agent Orange or otherwise contaminated with dioxin. south asia 7044. (a) Afghanistan (1) Operations and reports (A) Funds appropriated under titles I and II of this Act that are available for the construction and renovation of United States Government facilities in Afghanistan may not be made available if the purpose is to accommodate Federal employee positions or to expand aviation facilities or assets above those notified by the Department of State and the United States Agency for International Development (USAID) to the Committees on Appropriations, or contractors in addition to those in place on the date of enactment of this Act: Provided , That the limitations in this paragraph shall not apply if funds are necessary to protect such facilities or the security, health, and welfare of United States personnel. (B) Of the funds appropriated by this Act under the headings Diplomatic and Consular Programs and Operating Expenses that are made available for operations in Afghanistan, 15 percent shall be withheld from obligation until the Secretary of State, in consultation with the Secretary of Defense and the Administrator of USAID, submits the report to the Committees on Appropriations, in classified form if necessary, on transition and security plans for the Department of State and USAID required under this subsection in the report Accompanying this Act: Provided , That such report shall be updated every 6 months until September 30, 2016. (2) Assistance Funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement for assistance for Afghanistan— (A) shall be prioritized for programs enumerated under this subsection in the report accompanying this Act; (B) may not be used to initiate any new program, project, or activity that— (i) is not enumerated under this section in the report accompanying this Act; (ii) would not have adequate oversight, to include site visits; or (iii) involves any individual or organization involved in corrupt practices; (C) shall only be made available for programs that the Government of Afghanistan (GoA) or other Afghan entity is capable of sustaining, as appropriate and as determined by the Chief of Mission; (D) may be made available for reconciliation programs and disarmament, demobilization and reintegration activities for former combatants who have renounced violence against the GoA, in accordance with section 7046(a)(2)(B)(ii) of Public Law 112–74 ; and (E) shall be implemented in accordance with all applicable audit policies of the Department of State and USAID. (3) Certification requirement (A) Funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement for assistance for the central Government of Afghanistan may not be obligated unless the Secretary of State certifies to the Committees on Appropriations that— (i) the GoA— (I) has agreed to a Bilateral Security Agreement with the United States Government; (II) is taking credible steps to protect and advance the rights of women and girls in Afghanistan; and (III) is making credible efforts to reduce corruption and recover Kabul Bank stolen assets; and (ii) the necessary policies and procedures are in place to ensure GoA compliance with section 7013 of this Act. (B) The requirement of this paragraph shall not apply to funds appropriated by this Act for assistance for Afghanistan that are made available for education and health programs and programs that are consistent with the activities described in section 7059 of this Act. (4) Funding reduction Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are available for assistance for the GoA shall be reduced by $5 for every $1 that the GoA imposes in taxes, duties, penalties, or other fees on the transport of property of the United States Government (including the United States Armed Forces), entering or leaving Afghanistan. (5) Base rights None of the funds made available by this Act may be used by the United States Government to enter into a permanent basing rights agreement between the United States and Afghanistan. (b) Pakistan (1) Certification None of the funds appropriated by this Act under the headings Economic Support Fund , International Narcotics Control and Law Enforcement , and Foreign Military Financing Program for assistance for the Government of Pakistan may be made available unless the Secretary of State certifies to the Committees on Appropriations that the Government of Pakistan is— (A) 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; (B) 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; (C) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs; (D) preventing the proliferation of nuclear-related material and expertise; (E) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and (F) providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict. (2) Assistance (A) Funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan, and are subject to section 620M of the Foreign Assistance Act of 1961. (B) Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden. (3) Reports (A) (i) The spend plan required by section 7076 of this Act for assistance for Pakistan shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding combating poverty and furthering development in Pakistan, countering extremism, and establishing conditions conducive to the rule of law and transparent and accountable governance: Provided , That such benchmarks may incorporate those required in title III of Public Law 111–73 , as appropriate: Provided further , That not later than 6 months after submission of such spend plan, and each 6 months thereafter until September 30, 2016, the Secretary of State shall submit a report to the Committees on Appropriations on the status of achieving the goals and benchmarks in such plan. (ii) The Secretary of State should suspend assistance for the Government of Pakistan if any report required by clause (i) indicates that Pakistan is failing to make measurable progress in meeting such goals or benchmarks. (B) Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the costs and objectives associated with significant infrastructure projects supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such objectives. (c) Sri Lanka (1) None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for Sri Lanka unless the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is meeting the conditions specified under such heading in the report accompanying this Act. (2) Paragraph (1) shall not apply to assistance for humanitarian demining, disaster relief, and aerial and maritime surveillance. (3) If the Secretary makes the certification required in paragraph (1), funds appropriated under the heading Foreign Military Financing Program that are made available for assistance for Sri Lanka should be used to support the recruitment of Tamils into the Sri Lankan military in an inclusive and transparent manner, Tamil language training for Sinhalese military personnel, and human rights training for all military personnel. (4) Funds appropriated under the heading International Military Education and Training (IMET) in this Act that are available for assistance for Sri Lanka, may be made available only for training related to international peacekeeping operations and expanded IMET: Provided , That the limitation in this paragraph shall not apply to maritime security. (5) The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to vote against any loan, agreement, or other financial support for Sri Lanka except to meet basic human needs, unless the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is meeting the conditions referenced in paragraph (1) of this subsection. (d) Regional Cross Border Programs Funds appropriated by this Act under the heading Economic Support Fund for assistance for Afghanistan and Pakistan may be provided, notwithstanding any other provision of law that restricts assistance to foreign countries, for cross border stabilization and development programs between Afghanistan and Pakistan, or between either country and the Central Asian countries. western hemisphere 7045. (a) Colombia (1) Funds appropriated by this Act and made available to the Department of State for assistance for the Government of Colombia may be used to support a unified campaign against narcotics trafficking, organizations designated as Foreign Terrorist Organizations, and other criminal or illegal armed groups, and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: Provided , That the first through fifth provisos of paragraph (1), and paragraph (3) of section 7045(a) of division I of Public Law 112–74 shall continue in effect during fiscal year 2015 and shall apply to funds appropriated by this Act and made available for assistance for Colombia as if included in this Act: Provided further , That of the funds appropriated by this Act under the heading Economic Support Fund , not less than $141,500,000 shall be apportioned directly to the United States Agency for International Development for alternative development/institution building and local governance programs in Colombia. (2) The Secretary of State shall submit to the Committees on Appropriations, not later than 60 days after enactment of this Act, the report described under the heading International Narcotics Control and Law Enforcement in the report accompanying this Act. (b) Cuba Of the funds appropriated by this Act under the heading Economic Support Fund , $20,000,000 shall be made available to promote democracy and strengthen civil society in Cuba. (c) Haiti (1) None of the funds appropriated by this Act may be made available for assistance for the central Government of Haiti until the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Haiti— (A) is taking steps to hold free and fair parliamentary elections and to seat a new Haitian Parliament; (B) is respecting the independence of the judiciary; (C) is combating corruption, including implementing the anti-corruption law by prosecuting corrupt officials; and (D) is improving governance and implementing financial transparency and accountability requirements for government institutions. (2) The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) for the Coast Guard. (d) Honduras The Secretary of State shall submit a report to the Committees on Appropriations, not later than 45 days after this Act, on steps being taken by the Government of Honduras to address the matters described under this section in the report accompanying this Act. (e) Western Hemisphere Regional (1) (A) Of the funds appropriated by the this Act, not less than $120,000,000 shall be made available for assistance for Mexico and Central American countries to enhance border security; to combat human trafficking and smuggling; to provide for the repatriation and reintegration of citizens from such countries; and to support a regional dialogue on such issues. (B) Prior to the initial obligation of funds made available under subparagraph (A), but not later than 45 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a multi-country strategy for implementing such enhanced border security initiatives, which shall have a focus on the southern border of Mexico: Provided , That such strategy should be developed in consultation with the heads of other Federal departments and agencies, as appropriate. (C) The Secretary of State shall provide quarterly reports to the Committees on Appropriations on the implementation of the strategy in subparagraph (B) and funding provided pursuant to subparagraph (A). (2) Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement shall be made available for DNA forensic technology programs to combat human trafficking in Central America as described under this section in the report accompanying this Act. (f) Trade Capacity Funds appropriated in this Act under the headings Development Assistance and Economic Support Fund should be made available for labor and environmental capacity building activities relating to free trade agreements with countries of Central America, Colombia, Peru, and the Dominican Republic. (g) Aircraft Operations and Maintenance To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act should be borne by the recipient country. prohibition of payments to united nations members 7046. None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations. war crimes tribunals drawdown 7047. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided , That the determination required under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided further , That funds made available pursuant to this section shall be made available subject to the regular notification procedures of the Committees on Appropriations. limitations on the united nations 7048. (a) Transparency and Accountability Of the funds appropriated under title I and under the heading International Organizations and Programs in title V of this Act that are available for contributions to the United Nations, any United Nations agency, the United Nations Department of Peacekeeping Operations, or the Organization of American States, 15 percent may not be obligated for such organization, department, or agency until the Secretary of State reports to the Committees on Appropriations that the organization, department, or agency is— (1) posting on a publicly available Web site, consistent with privacy regulations and due process, regular financial and programmatic audits of such organization, department, or agency, and providing the United States Government with necessary access to such financial and performance audits; and (2) implementing best practices for the protection of whistleblowers from retaliation, including best practices for— (A) protection against retaliation for internal and lawful public disclosures; (B) legal burdens of proof; (C) statutes of limitation for reporting retaliation; (D) access to independent adjudicative bodies, including external arbitration; and (E) results that eliminate the effects of proven retaliation. (b) Restrictions on United Nations Delegations and Organizations (1) None of the funds made available by this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. App. 2405(j)(1) ), supports international terrorism. (2) None of the funds made available by this Act may be used by the Secretary of State as a contribution to any organization, agency, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 6(j)(1) of the Export Administration Act of 1979, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (c) United Nations Human Rights Council None of the funds appropriated by this Act may be made available in support of the United Nations Human Rights Council unless the Secretary of State determines and reports to the Committees on Appropriations that participation in the Council is in the national security interest of the United States and that the Council is taking steps to remove Israel as a permanent agenda item: Provided , That such report shall include a justification for making the determination and a description of the steps taken to remove Israel as a permanent agenda item. (d) United Nations Relief and Works Agency None of the funds made available by this Act under the heading Migration and Refugee Assistance may be made available as a contribution to the United Nations Relief and Works Agency (UNRWA) until the Secretary of State determines and reports to the Committees on Appropriations, in writing, that UNRWA is— (1) utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use; (2) acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961; (3) taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to ensure conformance with such conditions; (4) taking steps to ensure the content of all educational materials currently taught in UNRWA-administered schools and summer camps is consistent with the values of human rights, dignity, and tolerance and does not induce incitement; (5) not engaging in operations with financial institutions or related entities in violation of relevant United States law, and is taking steps to improve the financial transparency of the organization; and (6) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a timely fashion the Board’s recommendations. (e) United Nations Capital Master Plan None of the funds made available in this Act may be used for the design, renovation, or construction of the United Nations Headquarters in New York. (f) Waiver The restrictions imposed by or pursuant to subsections (a) and (d) may be waived on a case-by-case basis by the Secretary of State if the Secretary determines and reports to the Committees on Appropriations that such waiver is necessary to avert a humanitarian crisis. (g) Report Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2015 for contributions to any organization, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law: Provided , That the Secretary of State shall update such report each time additional funds are withheld by operation of any provision of law: Provided further , That the reprogramming of any withheld funds identified in such report, including updates thereof, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. community-based police assistance 7049. (a) Authority Funds made available by titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve. (b) Notification Assistance provided under subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations. prohibition on promotion of tobacco 7050. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. international conferences 7051. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the Secretary of State reports to the Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided , That for purposes of this section the term international conference shall mean a conference attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. aircraft transfer and coordination 7052. (a) Transfer Authority Notwithstanding any other provision of law or regulation, aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic and Consular Programs , International Narcotics Control and Law Enforcement , Andean Counterdrug Initiative and Andean Counterdrug Programs may be used for any other program and in any region, including for the transportation of active and standby Civilian Response Corps personnel and equipment during a deployment: Provided , That the responsibility for policy decisions and justification for the use of such transfer authority shall be the responsibility of the Secretary of State and the Deputy Secretary of State and this responsibility shall not be delegated. (b) Property Disposal The authority provided in subsection (a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region: Provided , That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (c) Aircraft Coordination (1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International Development (USAID) with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: Provided , That such aircraft may be used to transport, on a reimbursable or non-reimbursable basis, Federal and non-Federal personnel supporting Department of State and USAID programs and activities: Provided further , That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis: Provided further , That funds received by the Department of State for the use of aircraft owned, leased, or chartered by the Department of State may be credited to the Department's Working Capital Fund and shall be available for expenses related to the purchase, lease, maintenance, chartering, or operation of such aircraft. (2) The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel. parking fines and real property taxes owed by foreign governments 7053. The terms and conditions of section 7055 of division F of Public Law 111–117 shall apply to this Act: Provided , That the date September 30, 2009 in subsection (f)(2)(B) shall be deemed to be September 30, 2014 . landmines and cluster munitions 7054. (a) Landmines Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe. (b) Cluster Munitions No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— (1) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or (2) such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions. prohibition on publicity or propaganda 7055. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of the enactment of this Act by the Congress: Provided , That not to exceed $25,000 may be made available to carry out the provisions of section 316 of Public Law 96–533 . limitation on residence expenses 7056. Of the funds appropriated or made available pursuant to title II of this Act, not to exceed $100,500 shall be for official residence expenses of the United States Agency for International Development during the current fiscal year. United states agency for international development management (including transfer of funds) 7057. (a) Authority Up to $93,000,000 of the funds made available in title III of this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980. (b) Restrictions (1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175. (2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2016. (c) Conditions The authority of subsection (a) should only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, are eliminated. (d) Program Account Charged The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which such individual's responsibilities primarily relate: Provided , That funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading Operating Expenses . (e) Foreign Service Limited Extensions Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980, may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section. (f) Disaster Surge Capacity Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961 may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters, or man-made disasters subject to the regular notification procedures of the Committees on Appropriations. (g) Personal Services Contractors Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Food for Peace Act ( Public Law 83–480 ), may be used by USAID to employ up to 40 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided , That not more than 15 of such contractors shall be assigned to any bureau or office: Provided further , That such funds appropriated to carry out title II of the Food for Peace Act ( Public Law 83–480 ), may be made available only for personal services contractors assigned to the Office of Food for Peace. (h) Small Business In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (i) Senior Foreign Service Limited Appointments Individuals hired pursuant to the authority provided by section 7059(o) of division F of Public Law 111–117 may be assigned to or support programs in Afghanistan or Pakistan with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. global health activities 7058. (a) Funds appropriated by titles III and IV of this Act that are made available for bilateral assistance for child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading Global Health Programs and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq. ), as amended. (b) Of the funds appropriated by this Act, not more than $461,000,000 may be made available for family planning/reproductive health. (c) Global Fund (1) Of the funds appropriated by this Act that are available for a contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), 10 percent should be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that— (A) the Global Fund is maintaining and implementing a policy of transparency, including the authority of the Global Fund Office of the Inspector General (OIG) to publish OIG reports on a public Web site; (B) the Global Fund is providing sufficient resources to maintain an independent OIG that— (i) reports directly to the Board of the Global Fund; (ii) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and (iii) compiles regular, publicly published audits and investigations of financial, programmatic, and reporting aspects of the Global Fund, its grantees, recipients, sub-recipients, and Local Fund Agents; (C) the Global Fund maintains an effective whistleblower policy to protect whistleblowers from retaliation, including confidential procedures for reporting possible misconduct or irregularities; and (D) the Global Fund is implementing the recommendations contained in the Consolidated Transformation Plan approved by the Board of the Global Fund on November 21, 2011. (2) The withholding required by this subsection shall not be in addition to funds that are withheld from the Global Fund in fiscal year 2015 pursuant to the application of any other provision contained in this or any other Act. (d) Pandemic response If the President determines and reports to the Committees on Appropriations that a pandemic virus is efficient and sustained, severe, and is spreading internationally, any funds made available under title III in this Act may be made available to combat such virus: Provided , That funds made available pursuant to the authority of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (e) Polio Not less than $59,000,000 of the funds made available in title III of this Act shall be made available to eradicate polio: Provided , That if the President determines and reports to the Committees on Appropriations that a polio outbreak is severe and spreading internationally, any funds made available under title III in this Act may be made available to combat such outbreak: Provided further , That funds made pursuant to the authority of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. gender equality 7059. (a) Gender equality Funds appropriated by this Act shall be made available to promote gender equality in United States Government diplomatic and development efforts by raising the status, increasing the participation, and protecting the rights of women and girls worldwide. (b) Women's Leadership Of the funds appropriated by title III of this Act, not less than $50,000,000 shall be made available to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women's political status, expanding women's participation in political parties and elections, and increasing women's opportunities for leadership positions in the public and private sectors at the local, provincial, and national levels. (c) Gender-Based Violence (1) (A) Of the funds appropriated by titles III and IV of this Act, not less than $150,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and non-conflict settings. (B) Funds appropriated by titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces. (2) Department of State and United States Agency for International Development gender programs shall incorporate coordinated efforts to combat a variety of forms of gender-based violence, including child marriage, rape, female genital cutting and mutilation, and domestic violence, among other forms of gender-based violence in conflict and non- conflict settings. (d) Women, Peace, and Security Funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , and International Narcotics Control and Law Enforcement should be made available to support a multi-year strategy to expand, and improve coordination of, United States Government efforts to empower women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition, and to ensure the equitable provision of relief and recovery assistance to women and girls. sector allocations 7060. (a) Basic education and higher education (1) Basic education (A) Of the funds appropriated by title III of this Act, not less than $800,000,000 shall be made available for assistance for basic education, notwithstanding any other provision of law that restricts assistance to foreign countries. (B) The United States Agency for International Development shall ensure that programs supported with funds appropriated for basic education in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs are integrated, when appropriate, with health, agriculture, governance, and economic development activities to address the economic and social needs of the broader community. (C) Of the funds appropriated by this Act under title III for basic education, not less than $50,000,000 shall be made available for a contribution to multilateral partnerships that support education. (2) Higher education Of the funds appropriated by this Act under title III, not less than $15,000,000 shall be made available for human and institutional capacity development partnerships between higher education institutions in Africa and the United States. (b) Conservation (1) Of the funds appropriated by title III of this Act, $225,000,000 shall be made available for biodiversity conservation programs. (2) (A) Not less than $45,000,000 of the funds appropriated under titles III and IV of this Act shall be made available to combat the transnational threat of wildlife poaching and trafficking. (B) None of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the Committees on Appropriations that to do so is in the national security interests of the United States. (c) Food Security and Agriculture Development Funds appropriated by this Act under title III should be made available for food security and agriculture development programs and may be made available notwithstanding any other provision of law to address food shortages: Provided , That $32,000,000 shall be made available for the Feed the Future Collaborative Innovation Lab: Provided further , That $15,000,000 shall be made available for a United States contribution to the endowment of the Global Crop Diversity Trust pursuant to the authorization provided in Public Law 113–79 . (d) Microenterprise and Microfinance Of the funds appropriated by this Act, not less than $265,000,000 should be made available for microenterprise and microfinance development programs for the poor, especially women. (e) Trafficking in Persons (1) Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , and International Narcotics Control and Law Enforcement , not less than $58,000,000 shall be made available for activities to combat trafficking in persons internationally. (2) Funds made available in the previous paragraph shall be made available to support a multifaceted approach to combat human trafficking in Guatemala: Provided , That the Secretary of State shall consult with the Committees on Appropriations, not later than 30 days after enactment of this Act, on the use of such funds. (f) Water and sanitation Of the funds appropriated by this Act, not less than $365,000,000 shall be made available for water and sanitation supply projects pursuant to the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ). (g) Notification requirements Authorized deviations from funding levels contained in this section shall be subject to the regular notification procedures of the Committees on Appropriations. arms trade treaty 7061. None of the funds appropriated 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. requests for documents 7062. None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the United States Agency for International Development. Limitations on Family Planning/Reproductive Health 7063. (a) None of the funds appropriated or otherwise made available by this Act may be made available for the United Nations Population Fund. (b) None of the funds appropriated or otherwise made available by this Act for population planning activities or other population assistance may be made available to any foreign nongovernmental organization that promotes or performs abortion, except in cases of rape or incest or when the life of the mother would be endangered if the fetus were carried to term. Limitation relating to individuals detained at naval station, guantanamo bay, cuba 7064. (a) None of the funds made available in this Act, or any prior Act making appropriations for the Department of State, foreign operations, and related programs, may be obligated for any country, including a state with a compact of free association with the United States, that concludes an agreement with the United States to receive by transfer or release individuals detained at United States Naval Station, Guantanamo Bay, Cuba, unless, not later than five days after the conclusion of the agreement, but prior to implementation of the agreement, the Secretary of State notifies the Committees on Appropriations in writing of the terms of the agreement: Provided , That any such obligation of funds shall be subject to the regular notification procedures of, and approval by, the Committees on Appropriations. (b) The Secretary of State shall report to the Committees on Appropriations, not more than 45 days after enactment of this Act, and every 45 days thereafter through fiscal year 2015, on negotiations over the previous 45 days between Department of State personnel and officials of Foreign governments over the potential transfer to such governments of an individual, or individuals, detained at United States Naval Station, Guantanamo Bay, Cuba: Provided , That such reports may be provided in classified form if necessary. international prison conditions 7065. Funds appropriated under the headings Development Assistance , Economic Support Fund , and International Narcotics Control and Law Enforcement in this Act may be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for assistance to eliminate inhumane conditions in foreign prisons and other detention facilities. prohibition on use of torture 7066. None of the funds made available in this Act may be used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the United States Government. extradition 7067. (a) None of the funds appropriated in this Act may be used to provide assistance (other than funds provided under the headings International Disaster Assistance , International Narcotics Control and Law Enforcement , Migration and Refugee Assistance , United States Emergency Refugee and Migration Assistance , and Nonproliferation, Anti-terrorism, Demining and Related Assistance ) for the central government of a country which has notified the Department of State of its refusal to extradite to the United States any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request. (b) Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation of the terms and conditions of the treaty. (c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the Committees on Appropriations that such waiver is important to the national interests of the United States. commercial leasing of defense articles 7068. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt, and the North Atlantic Treaty Organization (NATO), and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act. Post-soviet states 7069. (a) None of the funds appropriated by this Act may be made available for assistance for the central Government of the Russian Federation. (b) None of the funds appropriated by this Act may be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided , That, except as otherwise provided in subsection (a), funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States: Provided further , That prior to executing the authority contained in this subsection the Department of State shall consult with the Committees on Appropriations on how such assistance supports the national interests of the United States. (c) Funds appropriated by this Act under the heading Economic Support Fund may be made available, notwithstanding any other provision of law, except for the limitation contained in subsection (a) of this section, for assistance and related programs for the countries identified in section 3(c) of the Support for Eastern European Democracy (SEED) Act of 1989 ( Public Law 101–179 ) and section 3 of the FREEDOM Support Act ( Public Law 102–511 ) and may be used to carry out the provisions of those Acts: Provided , That such assistance and related programs from funds appropriated by this Act under the headings Global Health Programs , Economic Support Fund , and International Narcotics Control and Law Enforcement shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section 601 of the Support for Eastern European Democracy (SEED) Act of 1989 ( Public Law 101–179 ) and section 102 of the FREEDOM Support Act ( Public Law 102–511 ). (d) Section 907 of the FREEDOM Support Act shall not apply to— (1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of Public Law 104–201 or non-proliferation assistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2421 ); (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2191 et seq. ); (5) any financing provided under the Export-Import Bank Act of 1945; or (6) humanitarian assistance. (e) Of the funds appropriated by this Act under the headings Broadcasting Board of Governors , Economic Support Fund , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , and Foreign Military Financing Program , up to $215,000,000 shall be made available for enhanced programs to counter external, regional aggression and influence in Ukraine and other independent states of the Former Soviet Union and Central and Eastern Europe. international monetary fund 7070. (a) The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of division F of Public Law 111–117 shall apply to this Act. (b) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other private creditors. (c) The Secretary of the Treasury shall seek to ensure that the IMF is implementing best practices for the protection of whistleblowers from retaliation, including best practices for— (1) protection against retaliation for internal and lawful public disclosures; (2) legal burdens of proof; (3) statutes of limitation for reporting retaliation; (4) access to independent adjudicative bodies, including external arbitration; and (5) results that eliminate the effects of proven retaliation. impact on jobs in the united states 7071. None of the funds appropriated or otherwise made available under titles III through VI of this Act, or prior Acts making appropriations for the Department of State, foreign operations, and related programs, may be obligated or expended to provide— (1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; (2) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided , That the application of section 507(4)(D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture; (3) any assistance to an entity outside the United States if such assistance is for the purpose of directly relocating or transferring jobs from the United States to other countries and adversely impacts the labor force in the United States; or (4) for the enforcement of any rule, regulation, or policy, or guidelines implemented pursuant to— (A) the third proviso of subsection 7079(b) of the Consolidated Appropriations Act, 2010; (B) the modification proposed by the Overseas Private Investment Corporation in November 2013 to the Corporation’s Environmental and Social Policy Statement relating to coal; (C) the Supplemental Guidelines for High Carbon Intensity Projects approved by the Export-Import Bank of the United States on December 12, 2013; or (D) the World Bank Group’s Directions for the World Bank Group’s Energy Sector released on July 16, 2013, when enforcement of such rule, regulation, policy, or guidelines would prohibit, or have the effect of prohibiting, any coal-fired or other power-generation project the purpose of which is to increase exports of goods and services from the United States or prevent the loss of jobs in the United States. special defense acquisition fund 7072. Not to exceed $100,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the purposes of the Special Defense Acquisition Fund (Fund), to remain available for obligation until September 30, 2017: Provided, That the provision of defense articles and defense services to foreign countries or international organizations from the Fund shall be subject to the concurrence of the Secretary of State. Limitation on certain awards 7073. (a) Convictions 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. (b) Unpaid taxes 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. enterprise funds 7074. (a) None of the funds made available under titles III through VI of this Act may be made available for Enterprise Funds unless the Committees on Appropriations are notified at least fifteen days in advance. (b) Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund. (c) Prior to a transition to and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall submit such transition or operating plan to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations. use of funds in contravention of this act 7075. If the President makes a determination not to comply with any provision of this Act on constitutional grounds, the head of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the basis for such determination and any resulting changes to program and policy. Budget documents 7076. (a) Operating Plans Not later than 30 days after the date of enactment of this Act, each department, agency, or organization funded in titles I and II, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2015, that provides details of the use of such funds at the program, project, and activity level. (b) Spend Plans (1) Prior to the initial obligation of funds, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act, for— (A) assistance for Afghanistan, Colombia, Egypt, Iraq, Lebanon, Libya, Mexico, Pakistan, the West Bank and Gaza, and Yemen; (B) the Caribbean Basin Security Initiative, the Central American Regional Security Initiative, the Trans-Sahara Counterterrorism Partnership program, and the Partnership for Regional East Africa Counterterrorism program; and (C) democracy programs and each sector enumerated in section 7060 of this Act. (2) Not later than 45 days after enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the headings Department of the Treasury in title III and International Financial Institutions in title V. (c) Spending Report Not later than 45 days after enactment of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed report on spending of funds made available during fiscal year 2014 under the heading Development Credit Authority . (d) Notifications The spend plans referenced in subsection (b) shall not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961. (e) Congressional budget justifications The congressional budget justifications for Department of State operations and foreign operations shall be provided to the Committees on Appropriations concurrent with the date of submission of the President’s budget for fiscal year 2016. Global internet freedom 7077. (a) Funds appropriated under titles I and III of this Act shall be made available for programs to promote Internet freedom globally: Provided , That such programs shall be prioritized for countries whose governments restrict freedom of expression on the Internet, and that are important to the national interests of the United States: Provided further , That funds made available pursuant to this section shall be matched, to the maximum extent practicable, by sources other than the United States Government, including from the private sector. (b) Funds made available pursuant to subsection (a) shall be— (1) coordinated with other democracy, governance, and broadcasting programs funded by this Act under the headings International Broadcasting Operations , Economic Support Fund , and Democracy Fund , and shall be incorporated into country assistance, democracy promotion, and broadcasting strategies, as appropriate; (2) made available to the Bureau of Democracy, Human Rights, and Labor, Department of State and the United States Agency for International Development (USAID) for programs to implement the May 2011, International Strategy for Cyberspace and the comprehensive strategy to promote Internet freedom and access to information in Iran, as required by section 414 of Public Law 112–158 ; (3) made available to the Broadcasting Board of Governors (BBG) to provide tools and techniques to access the Internet Web sites of BBG broadcasters that are censored, and to work with such broadcasters to promote and distribute such tools and techniques, including digital security techniques; (4) made available for programs that support the efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international organizations; to combat violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; and (5) made available for research of key threats to Internet freedom; the continued development of technologies that provide or enhance access to the Internet, including circumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the United States Government's technological advantage over such censorship techniques: Provided , That the Secretary of State, in consultation with the BBG, shall coordinate any such research and development programs with other relevant United States Government departments and agencies in order to share information, technologies, and best practices, and to assess the effectiveness of such technologies. Liu Xiaobo Plaza 7078. Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall officially rename the section of International Place, Northwest, Washington, District of Columbia, which runs directly in front of the Embassy of the People’s Republic of China, Liu Xiaobo Plaza and shall produce accompanying street signs to reflect this change. For the purposes of United States Postal code, hereafter the proper address of the Embassy of the People's Republic of China in Washington, District of Columbia, shall be No. 1 Liu Xiaobo Plaza. VIII Overseas Contingency Operations/Global War on Terrorism Department of State Administration of foreign affairs Diplomatic and consular programs (including transfer of funds) For an additional amount for Diplomatic and Consular Programs , $1,508,458,000, to remain available until September 30, 2016, of which $989,706,000 is for Worldwide Security Protection and shall remain available until expended: Provided , That the Secretary of State may transfer up to $100,000,000 of the total funds made available under this heading to any other appropriation of any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961: Provided further , That any such transfer shall be treated as a reprogramming of funds under subsections (a) and (b) of section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of inspector general For an additional amount for Office of Inspector General , $56,900,000, to remain available until September 30, 2016, which shall be for the Special Inspector General for Afghanistan Reconstruction and, of such amount, up to $5,200,000, may be for the Office of Inspector General, for reconstruction oversight: Provided , That printing and reproduction costs shall not exceed amounts for such costs during fiscal year 2014: 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) of the Balanced Budget and Emergency Deficit Control Act of 1985. Embassy security, construction, and maintenance For an additional amount for Embassy Security, Construction, and Maintenance , $260,800,000, to remain available until expended: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. United states agency for international development Funds appropriated to the president Operating expenses For an additional amount for Operating Expenses , $65,000,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bilateral Economic Assistance Funds Appropriated to the President International Disaster Assistance For an additional amount for International Disaster Assistance , $774,172,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Economic support fund For an additional amount for Economic Support Fund , $1,524,634,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of State Migration and refugee assistance For an additional amount for Migration and Refugee Assistance , $759,296,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. International security assistance Department of state International narcotics control and law enforcement For an additional amount for International Narcotics Control and Law Enforcement , $344,390,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Nonproliferation, anti-terrorism, demining and related programs For an additional amount for Nonproliferation, Anti-terrorism, Demining and Related Programs , $20,000,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. peacekeeping operations For an additional amount for Peacekeeping Operations , $260,879,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That of the funds available for obligation under this heading in this Act, up to $295,800,000 may be used to pay assessed expenses of international peacekeeping activities in Somalia and for other urgent and unanticipated peacekeeping requirements: Provided further , That the total amount of United States contributions to support an assessed peacekeeping operation shall not exceed the level described in the final proviso under the heading, Contributions for International Peacekeeping Activities in title I of this Act. Funds appropriated to the president Foreign military financing program For an additional amount for Foreign Military Financing Program , $337,896,000, to remain available until September 30, 2016: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. general provisions additional appropriations 8001. Notwithstanding any other provision of law, funds appropriated in this title are in addition to amounts appropriated or otherwise made available in this Act for fiscal year 2015. extension of authorities and conditions 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts in this Act shall be available under the authorities and conditions applicable to such appropriations accounts. Extraordinary authorities 8003. (a) Funds appropriated by this Act and designated for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, for Administration of Foreign Affairs in this title may be transferred to, and merged with, funds appropriated by this title under such heading if the Secretary of State determines such transfer is necessary for implementation of the recommendations of the Benghazi Accountability Review Board or other security requirements: Provided , That no such transfer shall exceed 10 percent of any appropriation made available for the current fiscal year for the Department of State under the heading Administration of Foreign Affairs and no such appropriation shall be increased by more than 20 percent by any such transfers: Provided further , That any such transfer shall be treated as a reprogramming of funds under subsections (a) and (b) of this Act: Provided further , That the transfer authority in this section is in addition to any transfer authority otherwise available under any other provision of law. (b) Of the funds appropriated for Bilateral Economic Assistance in this title, up to $150,000,000 may be made available to support urgent and unanticipated peacekeeping requirements: Provided , That funds made available pursuant to this subsection may be used for international peacekeeping activities pursuant to the terms and conditions of funds appropriated under the heading “Peacekeeping Operations” in this title: Provided further , That such funds may only be available if the Secretary of State submits a determination to the Committees on Appropriations that additional funding is necessary to support bilateral or multilateral peacekeeping requirements above the program level recommended in the fiscal year 2015 congressional budget justification, that the provision of such assistance is necessary to address urgent humanitarian needs, and that it is vital to the national security interests of the United States: Provided further , that such funds may only be made available for the purposes described in the determination. designation 8004. Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. IX Additional General Provision spending reduction account 9001. 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 State, Foreign Operations, and Related Programs Appropriations Act, 2015 .
June 27, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
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I 113th CONGRESS 2d Session H. R. 5014 IN THE HOUSE OF REPRESENTATIVES June 30, 2014 Mr. Weber of Texas (for himself, Mr. Yoho , Mr. Chabot , Mr. Stockman , Mr. Sessions , and Mr. Neugebauer ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To suspend foreign assistance to certain countries related to unlawful migration.
1. Short title This Act may be cited as the Illegal Entry Accountability Act of 2014 . 2. Findings Congress finds the following: (1) The border between the United States and Mexico is not secure on either side, thereby allowing hundreds of thousands of individuals annually to enter the United States illegally. (2) The majority of the individuals illegally crossing the United States-Mexico border are from Mexico, Honduras, Guatemala, and El Salvador. (3) Today, tens of thousands of unaccompanied alien children are crossing the United States-Mexico border sparking a humanitarian crisis and endangering thousands of children. (4) The Department of Homeland Security is spending millions of Americans’ tax dollars to process and provide housing and healthcare services to unaccompanied alien children. (5) The countries previously listed have failed to secure their borders and have failed to adopt and enforce policies that discourage illegal immigration into the United States. 3. Suspension of foreign assistance (a) In general Upon enactment of this Act, the Secretary of State shall immediately suspend all United States foreign assistance to the countries of Mexico, Honduras, Guatemala, and El Salvador. Such assistance may be reinstated only if Congress determines that Mexico, Honduras, Guatemala, and El Salvador have taken sufficient action to mitigate unlawful United States-Mexico border crossings by their respective citizens. (b) Report The Secretary of State shall annually submit to Congress a report documenting the measures taken by Mexico, Honduras, Guatemala and El Salvador to mitigate unlawful entry into the United States by its citizens. (c) Exception Foreign assistance distributed under the International Narcotic Control Law Enforcement program shall not be considered under subsection (a).
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I 113th CONGRESS 2d Session H. R. 5015 IN THE HOUSE OF REPRESENTATIVES June 30, 2014 Ms. Bass introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide that grants awarded pursuant to part Q of title I of that Act may be used to hire veterans and other individuals as employees of law enforcement agencies for positions that do not require sworn authority.
1. Short title This Act may be cited as the Help Employ and Recruit Our Excellent Servicemembers Grant Act of 2014 or the HEROES Grant Act of 2014 . 2. Use of COPS grants to hire veterans and other individuals Section 1701(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(b) ) is amended— (1) in paragraph (16), by striking and at the end; (2) by redesignating paragraph (17) as paragraph (18); (3) in paragraph (18), as so redesignated, by striking (1) through (16) and inserting (1) through (17) ; and (4) by inserting after paragraph (16) the following: (17) to hire veterans (as such term is defined in section 101 of title 38, United States Code) and other individuals as employees of law enforcement agencies for positions that do not require sworn authority; and .
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IB 113th CONGRESS 2d Session H. R. 5016 IN THE HOUSE OF REPRESENTATIVES AN ACT Making appropriations for financial services and general government for the fiscal year ending September 30, 2015, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2015, and for other purposes, namely: I DEPARTMENT OF THE TREASURY Departmental Offices salaries and expenses For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $175,000,000 (reduced by $1,750,000): Provided , That, of the amount appropriated under this heading— (1) not to exceed $2,000,000 is for the Office of the Secretary/Deputy Secretary; (2) not to exceed $2,000,000 is for the Office of Legislative Affairs; (3) not to exceed $200,000 is for official reception and representation expenses; (4) not to exceed $258,000 is for unforeseen emergencies of a confidential nature to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on the Secretary's certificate; and (5) up to $21,000,000 shall remain available until September 30, 2016. Office of Terrorism and Financial Intelligence salaries and expenses (including transfer of funds) For the necessary expenses of the Office of Terrorism and Financial Intelligence to safeguard the financial system against illicit use and to combat rogue nations, terrorist facilitators, weapons of mass destruction proliferators, money launderers, drug kingpins, and other national security threats, $120,000,000: Provided , That of the amount appropriated under this heading: (1) not to exceed $28,000,000 is available for administrative expenses; and (2) $15,000,000, to remain available until September 30, 2017: Provided further , That the unobligated balances of prior year appropriations made available for terrorism and financial intelligence activities under the heading Department of the Treasury—Departmental Offices—Salaries and Expenses shall be transferred to, and merged with, this account. office of inspector general salaries and expenses For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $35,351,000, including hire of passenger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; and of which not to exceed $1,000 shall be available for official reception and representation expenses. treasury inspector general for tax administration salaries and expenses For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, including purchase and hire of passenger motor vehicles ( 31 U.S.C. 1343(b) ); and services authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Inspector General for Tax Administration; $158,000,000 (increased by $1,000,000), of which $5,000,000 shall remain available until September 30, 2016; of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration; and of which not to exceed $1,500 shall be available for official reception and representation expenses. special inspector general for the troubled asset relief program salaries and expenses For necessary expenses of the Office of the Special Inspector General in carrying out the provisions of the Emergency Economic Stabilization Act of 2008 ( Public Law 110–343 ), $34,234,000. Financial Crimes Enforcement Network salaries and expenses For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; services authorized by 5 U.S.C. 3109 ; not to exceed $7,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $108,661,000 (increased by $3,339,000), of which not to exceed $34,335,000 shall remain available until September 30, 2017. Treasury Forfeiture Fund (RESCISSION) Of the unobligated balances available under this heading, $750,000,000 are rescinded. Bureau of the Fiscal Service Salaries and Expenses For necessary expenses of operations of the Bureau of the Fiscal Service, $348,184,000; of which not to exceed $4,210,000, to remain available until September 30, 2017, is for information systems modernization initiatives; and of which $5,000 shall be available for official reception and representation expenses. In addition, $165,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101–380 . Alcohol and Tobacco Tax and Trade Bureau salaries and expenses For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $96,000,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement. United States Mint united states mint public enterprise fund Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments: Provided , That the aggregate amount of new liabilities and obligations incurred during fiscal year 2015 under such section 5136 for circulating coinage and protective service capital investments of the United States Mint shall not exceed $20,000,000. Community Development Financial Institutions Fund Program Account To carry out the Riegle Community Development and Regulatory Improvements Act of 1994 (subtitle A of title I of Public Law 103–325 ), including services authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for EX–3, $230,000,000 (increased by $500,000). Of the amount appropriated under this heading— (1) not less than $177,000,000 is available until September 30, 2016, for financial assistance and technical assistance under sections 108(a)(1)(A) and 108(a)(1)(B), respectively, of Public Law 103–325 , of which up to $3,102,500 may be used for the cost of direct loans: Provided, That the cost of direct loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $25,000,000; (2) not less than $15,000,000 is available until September 30, 2016, for financial assistance, technical assistance, training and outreach programs, designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers; (3) not less than $18,000,000 is available until September 30, 2016, for the Bank Enterprise Award program; and (4) up to $20,000,000 may be used for administrative expenses, of which up to $300,000 for the administrative expenses of a direct loan program. Internal Revenue Service taxpayer services For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, the operating expenses of the Taxpayer Advocate Service, and other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner, $2,130,000,000 (reduced by $1,000,000) (increased by $10,000,000), of which not less than $5,600,000 (increased by $2,800,000) shall be for the Tax Counseling for the Elderly Program, of which not less than $10,000,000 shall be available for low-income taxpayer clinic grants, and of which not less than $12,000,000, to remain available until September 30, 2016, shall be available for a Community Volunteer Income Tax Assistance matching grants program for tax return preparation assistance. enforcement For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase and hire passenger motor vehicles ( 31 U.S.C. 1343(b) ), and to provide other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner, $4,950,000,000 (reduced by $1,000,000) (reduced by $2,000,000) (reduced by $353,000,000) (reduced by $788,111,800) (reduced by $10,000,000), of which not less than $60,257,000 shall be for the Interagency Crime and Drug Enforcement program. operations support For necessary expenses of the Internal Revenue Service to support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and security; the hire of passenger motor vehicles ( 31 U.S.C. 1343(b) ); the operations of the Internal Revenue Service Oversight Board; and other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner; $3,620,000,000 (reduced by $2,000,000), of which not to exceed $300,000,000 shall remain available until September 30, 2016, of which not to exceed $10,000 shall be for official reception and representation expenses: Provided , That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing the cost and schedule performance for its major information technology investments, including the purpose and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks of such investments and strategies the Internal Revenue Service is using to mitigate such risks; and the expected developmental milestones to be achieved and costs to be incurred in the next quarter: Provided further , That the Internal Revenue Service shall include, in its budget justification for fiscal year 2016, a summary of cost and schedule performance information for its major information technology systems. business systems modernization For necessary expenses of the Internal Revenue Service's business systems modernization program, $250,000,000, to remain available until September 30, 2017, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided , That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing the cost and schedule performance for CADE 2 and Modernized e-File information technology investments, including the purposes and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks of such investments and the strategies the Internal Revenue Service is using to mitigate such risks; and the expected developmental milestones to be achieved and costs to be incurred in the next quarter. administrative provisions—internal revenue service (including transfer of funds) 101. Not to exceed 5 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations. 102. The Internal Revenue Service shall maintain an employee training program, which shall include the following topics: taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft. 104. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–800 help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes. 105. None of the funds made available to the Internal Revenue Service by this Act may be used to make a video unless the Service-Wide Video Editorial Board determines in advance that making the video is appropriate, taking into account the cost, topic, tone, and purpose of the video. 106. The Internal Revenue Service shall issue a notice of confirmation of any address change relating to an employer making employment tax payments, and such notice shall be sent to both the employer's former and new address and an officer or employee of the Internal Revenue Service shall give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer. 107. None of the funds made available under this Act may be used by the Internal Revenue Service to target citizens of the United States for exercising any right guaranteed under the First Amendment to the Constitution of the United States. 108. None of the funds made available in this Act may be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs. 109. None of funds made available by this Act to the Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes, documentation requirements, and policies issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide Shared Services as a result of the recommendations in the report published on May 31, 2013, by the Treasury Inspector General for Tax Administration entitled “Review of the August 2010 Small Business/Self-Employed Division's Conference in Anaheim, California” (Reference Number 2013–10–037). 110. None of the funds made available by this Act may be used to pay the salaries or expenses of any individual to carry out any transfer of funds to the Internal Revenue Service under the Patient Protection and Affordable Care Act ( Public Law 111–148 ) or the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ). 111. None of the funds made available by this Act may be used by the Internal Revenue Service to implement or enforce section 5000A of the Internal Revenue Code of 1986, section 6055 of such Code, section 1502(c) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), or any amendments made by section 1502(b) of such Act. 112. None of the funds made available in this Act to the Internal Revenue Service may be obligated or expended under any bonus, award, or recognition program that does not consider, with respect to determining whether an employee should receive such program funds, the conduct and Federal tax compliance of such employee. Administrative Provisions—Department of the Treasury (including transfers of funds) 113. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 ), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109. 114. Not to exceed 2 percent of any appropriations in this title made available under the headings Departmental Offices—Salaries and Expenses , Office of Inspector General , Special Inspector General for the Troubled Asset Relief Program , Financial Crimes Enforcement Network , Bureau of the Fiscal Service , Alcohol and Tobacco Tax and Trade Bureau and Community Development Financial Institutions Fund Program Account may be transferred between such appropriations upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided , That no transfer under this section may increase or decrease any such appropriation by more than 2 percent. 115. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration's appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided , That no transfer may increase or decrease any such appropriation by more than 2 percent. 116. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note. 117. The Secretary of the Treasury may transfer funds from the Bureau of the Fiscal Service-Salaries and Expenses to the Debt Collection Fund as necessary to cover the costs of debt collection: Provided , That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund. 118. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs. 119. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate. 120. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the Department of the Treasury's intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2015 until the enactment of the Intelligence Authorization Act for Fiscal Year 2015. 121. Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses. 122. The Secretary of the Treasury shall submit a Capital Investment Plan to the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days following the submission of the annual budget submitted by the President: Provided , That such Capital Investment Plan shall include capital investment spending from all accounts within the Department of the Treasury, including but not limited to the Department-wide Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account: Provided further, That such Capital Investment Plan shall include expenditures occurring in previous fiscal years for each capital investment project that has not been fully completed. 123. (a) Not later than 2 weeks after the end of each quarter, the Office of Financial Stability and the Office of Financial Research shall submit reports on their activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban Affairs. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office. (c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents of the reports required under subsection (a). 124. Within 45 days after the date of enactment of this Act, the Secretary of the Treasury shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Franchise Fund including the amount charged for each service provided by the Franchise Fund to each office, a detailed description of the services, a detailed explanation of how each charge for each service is calculated, and a description of the role customers have in governing in the Franchise Fund. 125. (a) Section 155 of Public Law 111–203 is amended as follows: (1) In subsection (b)— (A) in paragraph (1)— (i) by striking immediately ; and (ii) by inserting as provided for in appropriations Acts after to the Office ; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). (2) In subsection (d), by striking the heading and inserting Assessment schedule.— . (b) The amendments made by subsection (a) shall take effect on October 1, 2015. 126. None of the funds made available in this Act may be used to approve, license, facilitate, authorize, or otherwise allow, whether by general or specific license, travel-related or other transactions incident to non-academic educational exchanges described in section 515.565(b)(2) of title 31, Code of Federal Regulations. 127. (a) The Secretary of the Treasury and the Secretary of Homeland Security shall provide a joint report not later than 90 days after the enactment of this Act regarding travel pursuant to sections 515.560(a)(1), 515.560(c)(4)(i), and 515.561 of title 31, Code of Federal Regulations. (b) Such report shall include, for each fiscal year beginning with 2007 under the aforementioned category of travel— (1) number of travelers; average duration of stay for each trip; (2) average amount of United States dollars spent per traveler; (3) number of return trips per year; and (4) total sum of United States dollars spent collectively in each fiscal year. 128. During fiscal year 2015— (1) none of the funds made available in this or any other Act may be used by the Department of the Treasury, including the Internal Revenue Service, to issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)); and (2) the standard and definitions as in effect on January 1, 2010, which are used to make such determinations shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date. 129. None of the funds appropriated or otherwise made available in this Act may be obligated or expended to provide for the enforcement of any rule, regulation, policy, or guideline implemented pursuant to the Department of the Treasury Guidance for United States Positions on MDBs Engaging with Developing Countries on Coal-Fired Power Generation dated October 29, 2013, when enforcement of such rule, regulation, policy, or guideline would prohibit, or have the effect of prohibiting, the carrying out of any coal-fired or other power-generation project the purpose of which is to increase exports of goods and services from the United States or prevent the loss of jobs from the United States. 130. The Secretary of the Treasury, in consultation with the appropriate agencies, departments, bureaus, and commissions that have expertise in terrorism and complex financial instruments, shall provide a report to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than 90 days after the date of enactment of this Act on economic warfare and financial terrorism. 131. Each calendar month beginning after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate an accounting of the number of individuals who have not paid the full amount of any premium owed for the preceding month for coverage under a qualified health plan that was enrolled in through an Exchange under title I of the Patient Protection and Affordable Care Act. This title may be cited as the Department of the Treasury Appropriations Act, 2015 . II Executive office of the president and funds appropriated to the president The White House salaries and expenses For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105 ; subsistence expenses as authorized by 3 U.S.C. 105 , which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103 ); and not to exceed $19,000 for official reception and representation expenses, to be available for allocation within the Executive Office of the President; and for necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 , $55,000,000. Executive Residence at the White House operating expenses For necessary expenses of the Executive Residence at the White House, $12,700,000, to be expended and accounted for as provided by 3 U.S.C. 105 , 109, 110, and 112–114. reimbursable expenses For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided , That all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: Provided further , That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further , That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: Provided further , That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: Provided further , That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: Provided further , That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under 31 U.S.C. 3717: Provided further , That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further , That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further , That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical: Provided further , That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code. White House Repair and Restoration For the repair, alteration, and improvement of the Executive Residence at the White House pursuant to 3 U.S.C. 105(d) , $500,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued preventative maintenance. Council of Economic Advisers salaries and expenses For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 ( 15 U.S.C. 1021 et seq. ), $3,765,000. National Security Council and Homeland Security Council salaries and expenses For necessary expenses of the National Security Council and the Homeland Security Council, including services as authorized by 5 U.S.C. 3109 , $12,600,000. Office of Administration salaries and expenses For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 , and hire of passenger motor vehicles, $111,000,000, of which not to exceed $12,006,000 shall remain available until expended for continued modernization of the information technology infrastructure within the Executive Office of the President. Office of Management and Budget salaries and expenses For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 , to carry out the provisions of chapter 35 of title 44, United States Code, and to prepare and submit the budget of the United States Government, in accordance with section 1105(a) of title 31, United States Code, $89,300,000, of which not to exceed $3,000 shall be available for official representation expenses: Provided , That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 ( 7 U.S.C. 601 et seq. ): Provided further , That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or their subcommittees: Provided further , That none of the funds provided in this or prior Acts shall be used, directly or indirectly, by the Office of Management and Budget, for evaluating or determining if water resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance with all applicable laws, regulations, and requirements relevant to the Civil Works water resource planning process: Provided further , That the Office of Management and Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of Engineers has reported: Provided further , That the Director of the Office of Management and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is initiated: Provided further , That if water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days after the end of the Office of Management and Budget review period based on the notification from the Director, Congress shall assume Office of Management and Budget concurrence with the report and act accordingly: Provided further, That the Director of the Office of Management and Budget shall: (1) consult with each standing committee in the House of Representatives and the Senate with respect to the number of printed and electronic copies (including the appendix, historical tables, and analytical perspectives) of the President's fiscal year 2016 budget request that each such committee requires; and (2) provide, using the funds made available under this heading, each such committee with the requisite number of copies by no later than the date that the President submits such budget to Congress pursuant to section 1105 of title 31, United States Code: Provided further, That of the amounts made available under this heading, $52,000,000 shall not be available for obligation until the President submits to Congress the budget of the United States Government for fiscal year 2016, in accordance with section 1105(a) of title 31, United States Code. Office of National Drug Control Policy salaries and expenses For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 2006 ( Public Law 109–469 ); not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $22,000,000: Provided , That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office. Federal Drug Control Programs high intensity drug trafficking areas program (including transfers of funds) For necessary expenses of the Office of National Drug Control Policy's High Intensity Drug Trafficking Areas Program, $245,000,000, to remain available until September 30, 2016, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas ( HIDTAs ), of which not less than 51 percent shall be transferred to State and local entities for drug control activities and shall be obligated not later than 120 days after enactment of this Act: Provided , That up to 49 percent may be transferred to Federal agencies and departments in amounts determined by the Director of the Office of National Drug Control Policy, of which up to $2,700,000 may be used for auditing services and associated activities: Provided further , That, notwithstanding the requirements of Public Law 106–58 , any unexpended funds obligated prior to fiscal year 2013 may be used for any other approved activities of that HIDTA, subject to reprogramming requirements: Provided further , That each HIDTA designated as of September 30, 2014, shall be funded at not less than the fiscal year 2014 base level, unless the Director submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels based on clearly articulated priorities and published Office of National Drug Control Policy performance measures of effectiveness: Provided further , That the Director shall notify the Committees on Appropriations of the initial allocation of fiscal year 2015 funding among HIDTAs not later than 45 days after enactment of this Act, and shall notify the Committees of planned uses of discretionary HIDTA funding, as determined in consultation with the HIDTA Directors, not later than 90 days after enactment of this Act. other federal drug control programs (including transfers of funds) For other drug control activities authorized by the Office of National Drug Control Policy Reauthorization Act of 2006 ( Public Law 109–469 ), $108,250,000, to remain available until expended, which shall be available as follows: $95,000,000 for the Drug-Free Communities Program, of which $2,000,000 shall be made available as directed by section 4 of Public Law 107–82 , as amended by Public Law 109–469 ( 21 U.S.C. 1521 note); $1,400,000 for drug court training and technical assistance; $8,600,000 for anti-doping activities; $2,000,000 for the United States membership dues to the World Anti-Doping Agency; and $1,250,000 shall be made available as directed by section 1105 of Public Law 109–469 : Provided , That amounts made available under this heading may be transferred to other Federal departments and agencies to carry out such activities. Information Technology Oversight and Reform (including transfer of funds) For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the Federal Government, $9,000,000, to remain available until expended: Provided , That the Director of the Office of Management and Budget may transfer these funds to one or more other agencies to carry out projects to meet these purposes: Provided further , That the Director of the Office of Management and Budget shall submit quarterly reports not later than 45 days after the end of each quarter to the Committees on Appropriations of the House of Representatives and the Senate and the Government Accountability Office identifying the savings achieved by the Office of Management and Budget's government-wide information technology reform efforts: Provided further , That such reports shall include savings identified by fiscal year, agency, and appropriation. Special Assistance to the President salaries and expenses For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106 , including subsistence expenses as authorized by 3 U.S.C. 106 , which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $4,200,000. Official Residence of the Vice President operating expenses (including transfer of funds) For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $81,000 pursuant to 3 U.S.C. 106(b)(2) , $290,000: Provided , That advances, repayments, or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities. Administrative Provisions—Executive Office of the President and Funds Appropriated to the President (including transfer of funds) 201. From funds made available in this Act under the headings The White House , Executive Residence at the White House , White House Repair and Restoration , Council of Economic Advisers , National Security Council and Homeland Security Council , Office of Administration , Special Assistance to the President , and Official Residence of the Vice President , the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, with advance approval of the Committees on Appropriations of the House of Representatives and the Senate, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided , That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further , That no amount shall be transferred from Special Assistance to the President or Official Residence of the Vice President without the approval of the Vice President. 202. Within 90 days after the date of enactment of this section, the Director of the Office of Management and Budget shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ). Such report shall include— (1) the estimated mandatory and discretionary obligations of funds through fiscal year 2019, by Federal agency and by fiscal year, including— (A) the estimated obligations by cost inputs such as rent, information technology, contracts, and personnel; (B) the methodology and data sources used to calculate such estimated obligations; and (C) the specific section of such Act that requires the obligation of funds; and (2) the estimated receipts through fiscal year 2019 from assessments, user fees, and other fees by the Federal agency making the collections, by fiscal year, including— (A) the methodology and data sources used to calculate such estimated collections; and (B) the specific section of such Act that authorizes the collection of funds. 203. None of funds made available in this Act may be used to pay the salaries and expenses of any officer or employee of the Executive Office of the President to prepare, sign, or approve statements abrogating legislation passed by the House of Representatives and the Senate and signed by the President. 204. None of the funds made available by this Act may be used to pay the salaries and expenses of any officer or employee of the Executive Office of the President to prepare or implement an Executive order that contravenes existing law. 205. (a) During fiscal year 2015, any Executive order issued by the President shall include a statement from the Director of the Office of Management and Budget on the budgetary impact of the Executive order. (b) Any such statement shall include— (1) a narrative summary of the costs and revenue impacts of such order on the Federal Government; (2) the impact on mandatory and discretionary obligations and outlays, listed by Federal agency, for each year in the 5-fiscal year period beginning in fiscal year 2015; and (3) the impact on revenues of the Federal Government over the 5-fiscal year period beginning in fiscal year 2015. (c) If an Executive order is issued during fiscal year 2015 due to a national emergency, the Director of the Office of Management and Budget may issue the statement required by subsection (a) not later than 15 days after the date that the Executive order is issued. This title may be cited as the Executive Office of the President Appropriations Act, 2015 . III The judiciary Supreme Court of the United States salaries and expenses For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $74,937,000, of which $2,000,000 shall remain available until expended. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and associate justices of the court. care of the building and grounds For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112, $11,640,000, to remain available until expended. United States Court of Appeals for the Federal Circuit salaries and expenses For salaries of officers and employees, and for necessary expenses of the court, as authorized by law, $30,192,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. United States Court of International Trade salaries and expenses For salaries of officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $17,807,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. Courts of Appeals, District Courts, and Other Judicial Services salaries and expenses For the salaries of judges of the United States Court of Federal Claims, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for Probation and Pretrial Services Office staff, as authorized by law, $4,784,659,000 (increased by $42,000,000) (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for costs related to new space alteration and construction projects; and of which not to exceed $10,000,000 shall remain available until September 30, 2016, for the Integrated Workplace Initiative: Provided , That the amount provided for the Integrated Workplace Initiative shall not be available for obligation until the Director of the Administrative Office of the United States Courts submits a report to the Committees on Appropriations of the House of Representatives and the Senate showing that the estimated cost savings resulting from the Initiative will exceed the estimated amounts obligated for the Initiative. In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service. In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 ( Public Law 99–660 ), not to exceed $5,423,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. defender services For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under 18 U.S.C. 3006A and 3599, and for the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with the maximums under 18 U.S.C. 3006A ) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of expenses of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d)(1) ; the compensation and reimbursement of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial civil forfeiture proceedings; the compensation and reimbursement of travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b) ; and for necessary training and general administrative expenses, $1,044,394,000, to remain available until expended. fees of jurors and commissioners For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863 ; and compensation of commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), $55,827,000, to remain available until expended: Provided , That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under 5 U.S.C. 5332. court security (including transfers of funds) For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court operations, and the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act ( Public Law 100–702 ), $525,763,000, of which not to exceed $15,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General. Administrative Office of the United States Courts salaries and expenses For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345 , hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b) , advertising and rent in the District of Columbia and elsewhere, $82,824,000, of which not to exceed $8,500 is authorized for official reception and representation expenses. Federal Judicial Center salaries and expenses For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219 , $26,724,000; of which $1,800,000 shall remain available through September 30, 2016, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and representation expenses. United States Sentencing Commission salaries and expenses For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $16,556,000, of which not to exceed $1,000 is authorized for official reception and representation expenses. Administrative Provisions—The Judiciary (including transfer of funds) 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. 302. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except Courts of Appeals, District Courts, and Other Judicial Services, Defender Services and Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners , shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under sections 604 and 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in section 608. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for Courts of Appeals, District Courts, and Other Judicial Services shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided , That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference. 304. Section 3314(a) of title 40, United States Code, shall be applied by substituting Federal for executive each place it appears. 305. In accordance with 28 U.S.C. 561–569 , and notwithstanding any other provision of law, the United States Marshals Service shall provide, for such courthouses as its Director may designate in consultation with the Director of the Administrative Office of the United States Courts, for purposes of a pilot program, the security services that 40 U.S.C. 1315 authorizes the Department of Homeland Security to provide, except for the services specified in 40 U.S.C. 1315(b)(2)(E) . For building-specific security services at these courthouses, the Director of the Administrative Office of the United States Courts shall reimburse the United States Marshals Service rather than the Department of Homeland Security. 306. (a) Section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note), is amended in the second sentence (relating to the District of Kansas) following paragraph (12), by striking 23 years and 6 months and inserting 24 years and 6 months . (b) Section 406 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( Public Law 109–115 ; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second sentence (relating to the eastern District of Missouri) by striking 21 years and 6 months and inserting 22 years and 6 months . (c) Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 ; 28 U.S.C. 133 note), is amended— (1) in the first sentence by striking 12 years and inserting 13 years ; (2) in the second sentence (relating to the central District of California), by striking 11 years and 6 months and inserting 12 years and 6 months ; and (3) in the third sentence (relating to the western District of North Carolina), by striking 10 years and inserting 11 years . 307. Section 84(b) of title 28, United States Code, is amended in the second sentence by inserting Bakersfield, after shall be held at . This title may be cited as the Judiciary Appropriations Act, 2015 . IV District of columbia Federal Funds federal payment for resident tuition support For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $20,000,000, to remain available until expended: Provided , That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided further , That the awarding of such funds may be prioritized on the basis of a resident's academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further , That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further , That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further , That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor. federal payment for emergency planning and security costs in the district of columbia For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $10,000,000, to remain available until expended, for the costs of providing public safety at events related to the presence of the National Capital in the District of Columbia, including support requested by the Director of the United States Secret Service in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions. federal payment to the district of columbia courts For salaries and expenses for the District of Columbia Courts, $234,400,000 to be allocated as follows: for the District of Columbia Court of Appeals, $13,400,000, of which not to exceed $2,500 is for official reception and representation expenses; for the Superior Court of the District of Columbia, $115,000,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $70,000,000, of which not to exceed $2,500 is for official reception and representation expenses; and $36,000,000, to remain available until September 30, 2016, for capital improvements for District of Columbia courthouse facilities: Provided , That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and facilities condition assessment: Provided further , That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further , That, 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $6,000,000 of the funds provided under this heading among the items and entities funded under this heading: Provided further , That, the Joint Committee on Judicial Administration in the District of Columbia may, by regulation, establish a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, for employees of the District of Columbia Courts. federal payment for defender services in district of columbia courts For payments authorized under section 11–2604 and section 11–2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments authorized under section 21–2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $49,890,000, to remain available until expended: Provided , That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further , That, notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies. federal payment to the court services and offender supervision agency for the district of columbia For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $228,500,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency program, of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $169,000,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons, of which up to $6,990,000 shall remain available until September 30, 2017, for the relocation of an offender supervision field office; and of which $59,500,000 shall be available to the Pretrial Services Agency: Provided , That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further , That amounts under this heading may be used for programmatic incentives for offenders and defendants successfully meeting terms of supervision: Provided further , That the Director is authorized to accept and use gifts in the form of in-kind contributions of the following: space and hospitality to support offender and defendant programs; equipment, supplies, and vocational training services necessary to sustain, educate, and train offenders and defendants, including their dependent children; and programmatic incentives for offenders and defendants meeting terms of supervision: Provided further , That the Director shall keep accurate and detailed records of the acceptance and use of any gift under the previous proviso, and shall make such records available for audit and public inspection: Provided further , That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia Government for space and services provided on a cost reimbursable basis. federal payment to the district of columbia public defender service For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $41,000,000: Provided , That, notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies: Provided further , That, notwithstanding section 1342 of title 31, United States Code, and in addition to the authority provided by section 307(b) of the District of Columbia Court Reform and Criminal Procedure Act (sec. 2–1607(b), D.C. Official Code), upon approval of the Board of Trustees of the District of Columbia Public Defender Service, the District of Columbia Public Defender Service may accept and use voluntary and uncompensated services for the purpose of aiding or facilitating the work of the District of Columbia Public Defender Service. federal payment to the criminal justice coordinating council For a Federal payment to the Criminal Justice Coordinating Council, $1,900,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia. federal payment for judicial commissions For a Federal payment, to remain available until September 30, 2016, to the Commission on Judicial Disabilities and Tenure, $295,000, and for the Judicial Nomination Commission, $255,000. federal payment for school improvement For a Federal payment for a school improvement program in the District of Columbia, $45,000,000, to remain available until expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112–10 ): Provided , That, to the extent that funds are available for opportunity scholarships and following the priorities included in section 3006 of such Act, the Secretary of Education shall make scholarships available to students eligible under section 3013(3) of such Act ( Public Law 112–10 ; 125 Stat. 211) including students who were not offered a scholarship during any previous school year: Provided further, That within funds provided for opportunity scholarships $3,000,000 shall be for the activities specified in sections 3007(b) through 3007(d) and 3009 of the Act. federal payment for the district of columbia national guard For a Federal payment to the District of Columbia National Guard, $375,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program. federal payment for testing and treatment of hiv/aids For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $5,000,000. District of Columbia Funds Local funds are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia ( General Fund ) for programs and activities set forth under the heading District of Columbia Funds Summary of Expenses and at the rate set forth under such heading, as included in the Fiscal Year 2015 Budget Request Act of 2014 submitted to the Congress by the District of Columbia as amended as of the date of enactment of this Act: Provided , That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act (section 1–204.50a, D.C. Official Code), sections 816 and 817 of the Financial Services and General Government Appropriations Act, 2009 (secs. 47–369.01 and 47–369.02, D.C. Official Code), and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2015 under this heading shall not exceed the estimates included in the Fiscal Year 2015 Budget Request Act of 2014 submitted to Congress by the District of Columbia as amended as of the date of enactment of this Act or the sum of the total revenues of the District of Columbia for such fiscal year: Provided further , That the amount appropriated may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further , That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act: Provided further , That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2015, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. This title may be cited as the District of Columbia Appropriations Act, 2015 . V Independent agencies Administrative Conference of the United States salaries and expenses For necessary expenses of the Administrative Conference of the United States, authorized by 5 U.S.C. 591 et seq. , $3,000,000, to remain available until September 30, 2016, of which not to exceed $1,000 is for official reception and representation expenses. Bureau of Consumer Financial Protection administrative provisions 501. Section 1017(a)(2)(C) of Public Law 111–203 is repealed. 502. Effective October 1, 2015, notwithstanding section 1017 of Public Law 111–203 — (1) the Board of Governors of the Federal Reserve System shall not transfer amounts specified under such section to the Bureau of Consumer Financial Protection; and (2) there are authorized to be appropriated to the Bureau of Consumer Financial Protection such sums as may be necessary to carry out the authorities of the Bureau under Federal consumer financial law. 503. (a) During fiscal year 2015, on the date that a request is made for a transfer of funds in accordance with section 1017 of Public Law 111–203 , the Bureau of Consumer Financial Protection shall notify Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate of such requests. (b) (1) Any such notification shall include the amount of the funds requested, an explanation of how the funds will be obligated by object class and activity, and why the funds are necessary to protect consumers. (2) Any notification required by this section shall be made available on the Bureau’s public website. 504. (a) Not later than 2 weeks after the end of each quarter of each fiscal year, the Bureau of Consumer Financial Protection shall submit a report on its activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office. (c) At the request of any such committee specified in subsection (a), the Bureau of Consumer Financial Protection shall make Bureau officials available to testify on the contents of the reports required under subsection (a). Consumer Product Safety Commission salaries and expenses For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109 , but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376 , and not to exceed $4,000 for official reception and representation expenses, $118,000,000 (increased by $1,000,000). Federal Communications Commission salaries and expenses For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902 ; not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109 , $322,748,000, to remain available until expended: Provided , That $322,748,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses and shall remain available until expended: Provided further , That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2015 so as to result in a final fiscal year 2015 appropriation estimated at $0: Provided further , That any offsetting collections received in excess of $322,748,000 in fiscal year 2015 shall not be available for obligation: Provided further , That remaining offsetting collections from prior years collected in excess of the amount specified for collection in each such year and otherwise becoming available on October 1, 2014, shall not be available for obligation: Provided further , That notwithstanding 47 U.S.C. 309(j)(8)(B) , proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $106,000,000 for fiscal year 2015: Provided further , That of the amount appropriated under this heading, not less than $11,090,000 shall be for the salaries and expenses of the Office of Inspector General. Federal Deposit Insurance Corporation office of the inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $34,568,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund. Federal Election Commission salaries and expenses For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $67,500,000, of which not to exceed $5,000 shall be available for reception and representation expenses. Federal Labor Relations Authority salaries and expenses For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109 , and including hire of experts and consultants, hire of passenger motor vehicles, and including official reception and representation expenses (not to exceed $1,500) and rental of conference rooms in the District of Columbia and elsewhere, $25,500,000: Provided , That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law ( 5 U.S.C. 5703 ) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further , That, notwithstanding 31 U.S.C. 3302 , funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences. Federal Trade Commission salaries and expenses For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 ; services as authorized by 5 U.S.C. 3109 ; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $293,000,000, to remain available until expended: Provided , That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718: Provided further , That, notwithstanding any other provision of law, not to exceed $100,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( 15 U.S.C. 18a ), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation: Provided further , That, notwithstanding any other provision of law, not to exceed $14,000,000 in offsetting collections derived from fees sufficient to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6101 et seq. ), shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further , That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2015, so as to result in a final fiscal year 2015 appropriation from the general fund estimated at not more than $179,000,000: Provided further , That none of the funds made available to the Federal Trade Commission may be used to implement subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831t ). General Services Administration real property activities federal buildings fund limitations on availability of revenue (including transfers of funds) Amounts in the Fund, including revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $9,130,409,000 (reduced by $3,339,000) (reduced by $43,000,000), of which— (1) $420,460,000 shall remain available until expended for construction and acquisition (including funds for sites and expenses, and associated design and construction services) of additional projects at— (A) California, Calexico, Calexico West Land Port of Entry, $98,062,000; (B) California, San Diego, San Ysidro Land Port of Entry, $216,828,000; and (C) New York, Alexandria Bay, Land Port of Entry, $105,570,000: Provided , That each of the foregoing limits of costs on new construction and acquisition projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of a greater amount; (2) $965,817,000 (reduced by $1,669,500) shall remain available until expended for repairs and alterations, including associated design and construction services, of which— (A) $402,282,000 is for Major Repairs and Alterations; (B) $378,535,000 (reduced by $1,669,500) is for Basic Repairs and Alterations; and (C) $185,000,000 is for Special Emphasis Programs, of which— (i) $40,000,000 is for Fire and Life Safety; (ii) $100,000,000 is for Consolidation Activities: Provided , That consolidation projects result in reduced annual rent paid by the tenant agency: Provided further , That no consolidation project exceed $10,000,000 in costs: Provided further , That consolidation projects are approved by each of the committees specified in section 3307(a) of title 40, United States Code: Provided further , That preference is given to consolidation projects that achieve a utilization rate of 130 usable square feet or less per person for office space: Provided further , That the obligation of funds under this paragraph for consolidation activities may not be made until 10 days after a proposed spending plan and explanation for each project to be undertaken, including estimated savings, has been submitted to the Committees on Appropriations of the House of Representatives and the Senate; (iii) $20,000,000, Judiciary Court Security Program; and (iv) $25,000,000 is for Real Property Disposal: Provided, That disposal projects result in reduced annual operating costs: Provided further , That preference is given to disposal projects that are excess or surplus and have the highest fair market value and the greatest potential to sell: Provided further, That the obligation of funds under this paragraph for property disposal activities may not be made until 10 days after a proposed spending plan and explanation for each project to be undertaken, including estimated savings, has been submitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That the amounts provided in this or any prior Act for Repairs and Alterations may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading ‘‘Repairs and Alterations’’, may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further , That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading Repairs and Alterations or used to fund authorized increases in prospectus projects; (3) $5,500,000,000 (reduced by $1,669,500) (reduced by $43,000,000) for rental of space to remain available until expended; and (4) $2,244,132,000 for building operations to remain available until expended, of which $1,122,727,000 is for building services, and $1,121,405,000 is for salaries and expenses: Provided further , That not to exceed 5 percent of any appropriation made available under this paragraph for building operations may be transferred between and merged with such appropriations upon notification to the Committees on Appropriations of the House of Representatives and the Senate, but no such appropriation shall be increased by more than 5 percent by any such transfers: Provided further , That section 508 of this title shall not apply with respect to funds made available under this heading for building operations: Provided further , That the total amount of funds made available from this Fund to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by 40 U.S.C. 3307(a) , has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further , That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further , That amounts necessary to provide reimbursable special services to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056 , shall be available from such revenues and collections: Provided further , That revenues and collections and any other sums accruing to this Fund during fiscal year 2015, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. general activities government-wide policy For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, travel, motor vehicles, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109 ; $58,000,000. operating expenses (including transfer of funds) For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-wide policy direction, management, and communications; the Civilian Board of Contract Appeals; services as authorized by 5 U.S.C. 3109 ; $61,049,000, of which $26,328,000 is for Real and Personal Property Management and Disposal; $25,729,000 is for the Office of the Administrator, of which not to exceed $7,500 is for official reception and representation expenses; and $8,992,000 is for the Civilian Board of Contract Appeals: Provided further , That not to exceed 5 percent of the appropriation made available under this heading for Office of the Administrator may be transferred to the appropriation for the Real and Personal Property Management and Disposal upon notification to the Committees on Appropriations of the House of Representatives and the Senate, but the appropriation for the Real and Personal Property Management and Disposal may not be increased by more than 5 percent by any such transfer. office of inspector general For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109 , $65,000,000, of which $2,000,000 is available until expended: Provided , That not to exceed $50,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further , That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness. allowances and office staff for former presidents For carrying out the provisions of the Act of August 25, 1958 ( 3 U.S.C. 102 note), and Public Law 95–138 , $1,672,000. Federal Citizen Services Fund (including transfers of funds) For necessary expenses of the Office of Citizen Services and Innovative Technologies, including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604 ; and for necessary expenses in support of interagency projects that enable the Federal Government to enhance its ability to conduct activities electronically, through the development and implementation of innovative uses of information technology; $53,294,000, to be deposited into the Federal Citizen Services Fund: Provided , That the previous amount may be transferred to Federal agencies to carry out the purpose of the Federal Citizen Services Fund: Provided further , That the appropriations, revenues, reimbursements, and collections deposited into the Fund shall be available until expended for necessary expenses of Federal Citizen Services and other activities that enable the Federal Government to enhance its ability to conduct activities electronically in the aggregate amount not to exceed $90,000,000: Provided further , That appropriations revenues, reimbursements, and collections accruing to this Fund during fiscal year 2015 in excess of such amount shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts: Provided further , That any appropriations provided to the Electronic Government Fund that remain unobligated as of September 30, 2014, may be transferred to the Federal Citizen Services Fund: Provided further , That the transfer authorities provided herein shall be in addition to any other transfer authority provided in this Act. Administrative Provisions—General Services Administration (including transfer of funds) 507. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 508. Funds in the Federal Buildings Fund made available for fiscal year 2015 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided , That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate. 509. Except as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2016 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. 510. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in consideration of the Public Buildings Amendments Act of 1972 ( Public Law 92–313 ). 511. From funds made available under the heading Federal Buildings Fund, Limitations on Availability of Revenue , claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations of the House of Representatives and the Senate. 512. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307 , the Administrator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the Committees on Appropriations of the House of Representatives and the Senate prior to exercising any lease authority provided in the resolution. Merit Systems Protection Board Salaries and Expenses (including transfer of funds) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 ( 5 U.S.C. 5509 note), including services as authorized by 5 U.S.C. 3109 , rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed $2,000 for official reception and representation expenses, $40,655,000, to remain available until September 30, 2016, together with not to exceed $2,345,000, to remain available until September 30, 2016, for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board. National Archives and Records Administration operating expenses For necessary expenses in connection with the administration of the National Archives and Records Administration and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, the operations and maintenance of the electronic records archives, the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 ), including maintenance, repairs, and cleaning, $360,000,000. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110–409 , 122 Stat. 4302–16 (2008), and the Inspector General Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor vehicles, $4,130,000. repairs and restoration For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $7,600,000, to remain available until expended. national historical publications and records commission grants program For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504 , $5,000,000, to remain available until expended. National Credit Union Administration community development revolving loan fund For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812 , 9822 and 9910, $2,000,000 shall be available until September 30, 2016, for technical assistance to low-income designated credit unions. Office of Government Ethics salaries and expenses For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, the Ethics Reform Act of 1989, and the Stop Trading on Congressional Knowledge Act of 2012, including services as authorized by 5 U.S.C. 3109 , rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $15,420,000. Office of Personnel Management Salaries and Expenses (including transfer of trust funds) For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109 ; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of OPM and the Federal Bureau of Investigation for expenses incurred under Executive Order No. 10422 of January 9, 1953, as amended; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $95,910,000; and in addition $118,425,000 for administrative expenses, to be transferred from the appropriate trust funds of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States Code: Provided further , That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further , That the President's Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2015, accept donations of money, property, and personal services: Provided further , That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission. Office of Inspector General salaries and expenses (including transfer of trust funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109 , hire of passenger motor vehicles, $4,384,000, and in addition, not to exceed $21,340,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management's retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided , That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. Office of Special Counsel salaries and expenses For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978 ( Public Law 95–454 ), the Whistleblower Protection Act of 1989 ( Public Law 101–12 ) as amended by Public Law 107–304 , the Whistleblower Protection Enhancement Act of 2012 ( Public Law 112–199 ), and the Uniformed Services Employment and Reemployment Rights Act of 1994 ( Public Law 103–353 ), including services as authorized by 5 U.S.C. 3109 , payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $21,452,000. Postal Regulatory Commission salaries and expenses (including transfer of funds) For necessary expenses of the Postal Regulatory Commission in carrying out the provisions of the Postal Accountability and Enhancement Act ( Public Law 109–435 ), $14,152,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act. Privacy and Civil Liberties Oversight Board salaries and expenses For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), $4,500,000, to remain available until September 30, 2016. Recovery Accountability and Transparency Board salaries and expenses For necessary expenses of the Recovery Accountability and Transparency Board to carry out the provisions of title XV of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), and to develop and test information technology resources and oversight mechanisms to enhance transparency of and detect and remediate waste, fraud, and abuse in Federal spending, and to develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in obligation and expenditure of funds as described in section 904(d) of the Disaster Relief Appropriations Act, 2013 ( Public Law 113–2 ), which shall be administered under the terms and conditions of the accountability authorities of title XV of Public Law 111–5 , $15,000,000. Securities and Exchange Commission salaries and expenses For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109 , the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,500 for official reception and representation expenses, $1,400,000,000 to remain available until expended; of which not less than $9,239,000 shall be for the Office of Inspector General; of which not to exceed $50,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations and staffs to exchange views concerning securities matters, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel and transportation; and (3) related lodging or subsistence; of which funding for information technology initiatives shall be increased over the fiscal year 2014 level by not less than $50,000,000; and of which not less than $68,872,000 shall be for the Division of Economic and Risk Analysis: Provided , That fees and charges authorized by section 31 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee ) shall be credited to this account as offsetting collections: Provided further , That not to exceed $1,400,000,000 of such offsetting collections shall be available until expended for necessary expenses of this account: Provided further , That the total amount appropriated under this heading from the general fund for fiscal year 2015 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2015 appropriation from the general fund estimated at not more than $0. Selective Service System salaries and expenses For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109 ; and not to exceed $750 for official reception and representation expenses; $21,500,000: Provided , That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341 , whenever the President deems such action to be necessary in the interest of national defense: Provided further , That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. Small Business Administration salaries and expenses For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles as authorized by sections 1343 and 1344 of title 31, United States Code, and not to exceed $3,500 for official reception and representation expenses, $253,882,000 (reduced by $3,882,000), of which not less than $12,000,000 shall be available for examinations, reviews, and other lender oversight activities: Provided , That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan program activities, including fees authorized by section 5(b) of the Small Business Act: Provided further , That, notwithstanding 31 U.S.C. 3302 , revenues received from all such activities shall be credited to this account, to remain available until expended, for carrying out these purposes without further appropriations: Provided further , That the Small Business Administration may accept gifts in an amount not to exceed $4,000,000 and may co-sponsor activities, each in accordance with section 132(a) of division K of Public Law 108–447 , during fiscal year 2015: Provided further , That $6,100,000 shall be available for the Loan Modernization and Accounting System, to be available until September 30, 2016. entrepreneurial development programs For necessary expenses of programs supporting entrepreneurial and small business development, $197,825,000 (increased by $3,882,000), to 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, $19,400,000. office of advocacy For necessary expenses of the Office of Advocacy in carrying out the provisions of title II of Public Law 94–305 ( 15 U.S.C. 634a et seq. ) and the Regulatory Flexibility Act of 1980 ( 5 U.S.C. 601 et seq. ), $8,750,000, to remain available until expended. Business Loans Program Account (including transfer of funds) For the cost of direct loans, $2,500,000, to remain available until expended, and for the cost of guaranteed loans as authorized by section 503 of the Small Business Investment Act of 1958 ( Public Law 85–699 ), $45,000,000, to remain available until expended: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2015 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 shall not exceed $7,500,000,000: Provided further , That during fiscal year 2015 commitments for general business loans authorized under section 7(a) of the Small Business Act shall not exceed $18,500,000,000 for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans: Provided further , That during fiscal year 2015 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 shall not exceed $4,000,000,000: Provided further , That during fiscal year 2015, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $12,000,000,000. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $147,726,000, which may be transferred to and merged with the appropriations for Salaries and Expenses. Disaster Loans Program Account (including transfers of funds) For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, $186,858,000, to be available until expended, of which $1,000,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $176,858,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; and of which $9,000,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses. Administrative Provisions—Small Business Administration (including transfer of funds) 513. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. United States Postal Service payment to the postal service fund For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $58,342,000: Provided , That mail for overseas voting and mail for the blind shall continue to be free: Provided further , That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further , That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further , That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices. Office of Inspector General salaries and expenses (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $243,000,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act ( Public Law 109–435 ). United States Tax Court salaries and expenses For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109 , $50,000,000: Provided , That travel expenses of the judges shall be paid upon the written certificate of the judge. VI General provisions—this act 601. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109 , shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 605. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). 606. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with chapter 83 of title 41, United States Code. 607. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating chapter 83 of title 41, United States Code. 608. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provided , That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further , That at a minimum 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 object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further , That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress. 609. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2015 from appropriations made available for salaries and expenses for fiscal year 2015 in this Act, shall remain available through September 30, 2016, for each such account for the purposes authorized: Provided , That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines. 610. (a) None of the funds made available in this Act may be used by the Executive Office of the President to request— (1) any official background investigation report on any individual from the Federal Bureau of Investigation; or (2) a determination with respect to the treatment of an organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code from the Department of the Treasury or the Internal Revenue Service. (b) Subsection (a) shall not apply— (1) in the case of an official background investigation report, if such individual has given express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or (2) if such request is required due to extraordinary circumstances involving national security. 611. The cost accounting standards promulgated under chapter 15 of title 41, United States Code, shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval. 613. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions. 614. The provision of section 613 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. 615. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in chapter 83 of title 41, United States Code (popularly known as the Buy American Act), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 103 of title 41, United States Code). 616. Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. 617. Notwithstanding section 708 of this Act, funds made available to the Commodity Futures Trading Commission and the Securities and Exchange Commission by this or any other Act may be used for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues. 618. Not later than 45 days after the end of each quarter, the Department of the Treasury, the Executive Office of the President, the Judiciary, the Federal Communications Commission, the Federal Trade Commission, the General Services Administration, the National Archives and Records Administration, the Securities and Exchange Commission, and the Small Business Administration shall provide the Committees on Appropriations of the House of Representatives and the Senate a quarterly accounting of the cumulative balances of any unobligated funds. 619. (a) (1) Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor. (2) Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency. (b) For purposes of this section, the term Executive agency covered by this Act means any Executive agency provided funds by this Act, but does not include the General Services Administration or the United States Postal Service. 620. None of the funds made available in this Act may be used by the Federal Trade Commission to complete the draft report entitled Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts unless the Interagency Working Group on Food Marketed to Children complies with Executive Order No. 13563. 621. None of the funds made available by this or any other Act may be used to pay the salaries and expenses for the following positions: (1) Director, White House Office of Health Reform, or any substantially similar position. (2) Assistant to the President for Energy and Climate Change, or any substantially similar position. (3) Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy, or any substantially similar position. (4) White House Director of Urban Affairs, or any substantially similar position. 622. 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 Federal 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. 623. 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 Federal 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. 624. (a) There are appropriated for the following activities the amounts required under current law: (1) Compensation of the President ( 3 U.S.C. 102 ). (2) Payments to— (A) the Judicial Officers' Retirement Fund ( 28 U.S.C. 377(o) ); (B) the Judicial Survivors' Annuities Fund ( 28 U.S.C. 376(c) ); and (C) the United States Court of Federal Claims Judges' Retirement Fund ( 28 U.S.C. 178(l) ). (3) Payment of Government contributions— (A) with respect to the health benefits of retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849); and (B) with respect to the life insurance benefits for employees retiring after December 31, 1989 (5 U.S.C. ch. 87). (4) Payment to finance the unfunded liability of new and increased annuity benefits under the Civil Service Retirement and Disability Fund ( 5 U.S.C. 8348 ). (5) Payment of annuities authorized to be paid from the Civil Service Retirement and Disability Fund by statutory provisions other than subchapter III of chapter 83 or chapter 84 of title 5, United States Code. (b) Nothing in this section may be construed to exempt any amount appropriated by this section from any otherwise applicable limitation on the use of funds contained in this Act. 625. During fiscal year 2015, no funds shall be obligated from the Securities and Exchange Commission Reserve Fund established by section 991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ). 626. None of the funds made available by this Act shall be used by the Securities and Exchange Commission to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations. 627. Section 2(c) of the Multinational Species Conservation Fund Semipostal Stamp Act of 2010 ( Public Law 111–241 ; 39 U.S.C. 416 note) is amended— (1) in paragraph (2), by striking 2 years and inserting 6 years ; and (2) by adding at the end the following: (5) Stamp depictions Members of the public shall be offered a choice of 5 stamps under this Act, depicting an African elephant or an Asian elephant, a rhinoceros, a tiger, a marine turtle, and a great ape, respectively. . 628. (a) Not later than 180 days after the date of enactment of this section, the agencies specified in subsection (b) shall each submit a report to the Committees on Appropriations of the House of Representatives and the Senate on— (1) increasing public participation in the rulemaking process and reducing uncertainty; (2) improving coordination with other Federal agencies to eliminate redundant, inconsistent, and overlapping regulations; and (3) identifying existing regulations that have been reviewed and determined to be outmoded, ineffective, or excessively burdensome. (b) The agencies required to submit a report specified in subsection (a) are— (1) the Consumer Product Safety Commission; (2) the Federal Communications Commission; (3) the Federal Trade Commission; and (4) the Securities and Exchange Commission. 629. None of the funds made available in this Act may be used to award a contract for services to train any employee of an Executive agency (as that term is defined in section 105 of title 5, United States Code) to learn how to support or defeat legislation pending before Congress. 630. (a) None of the funds made available in this Act to the Internal Revenue Service may be used to destroy, deface, or dispose of records, regardless of their physical form or characteristics, in contravention of chapters 29, 31, and 33 of title 44, United States Code (commonly referred to as the Federal Records Act). (b) Not later than 90 days after the date of enactment of this Act, the Archivist of the United States shall conduct an inspection and submit a report to the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Oversight and Government Reform, and the Senate Committee on Homeland Security and Government Affairs on the compliance by the Internal Revenue Service with the provisions of chapters 29, 31, and 33 of title 44, United States Code, during calendar years 2009 through 2013. 631. None of the funds made available by this Act may be used to require the disclosure by a provider of an electronic communication service or a remote computing service of the contents or related information detailed in section 2703(c) of title 18, United States Code, of a wire or electronic communication that is in electronic storage with or otherwise held or maintained by the provider, as such terms are defined in section 2510 of title 18, United States Code, by any other than a means authorized under section 2703(b)(1)(A) of title 18, United States Code. 632. Section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 8305 ) is amended— (1) in subsection (b)— (A) in paragraph (2)(B), by striking insured depository institution and inserting covered depository institution ; and (B) by adding at the end the following: (3) Covered depository institution The term covered depository institution means— (A) an insured depository institution, as that term is defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) a United States uninsured branch or agency of a foreign bank. ; (2) in subsection (c)— (A) in the heading for such subsection, by striking insured and inserting covered ; (B) by striking an insured and inserting a covered ; (C) by striking such insured and inserting such covered ; and (D) by striking or savings and loan holding company and inserting savings and loan holding company, or foreign banking organization (as such term is defined under Regulation K of the Board of Governors of the Federal Reserve System (12 CFR 211.21(o))) ; (3) by amending subsection (d) to read as follows: (d) Only bona fide hedging and traditional bank activities permitted (1) In general The prohibition in subsection (a) shall not apply to any covered depository institution that limits its swap and security-based swap activities to the following: (A) Hedging and other similar risk mitigation activities Hedging and other similar risk mitigating activities directly related to the covered depository institution's activities. (B) Non-structured finance swap activities Acting as a swaps entity for swaps or security-based swaps other than a structured finance swap. (C) Certain structured finance swap activities Acting as a swaps entity for swaps or security-based swaps that are structured finance swaps, if— (i) such structured finance swaps are undertaken for hedging or risk management purposes; or (ii) each asset-backed security underlying such structured finance swaps is of a credit quality and of a type or category with respect to which the prudential regulators have jointly adopted rules authorizing swap or security-based swap activity by covered depository institutions. (2) Definitions For purposes of this subsection: (A) Structured finance swap The term structured finance swap means a swap or security-based swap based on an asset-backed security (or group or index primarily comprised of asset-backed securities). (B) Asset-backed security The term asset-backed security has the meaning given such term under section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). ; (4) in subsection (e), by striking an insured and inserting a covered ; and (5) in subsection (f)— (A) by striking an insured depository and inserting a covered depository ; and (B) by striking the insured depository each place such term appears and inserting the covered depository . VII General provisions—government-wide Departments, Agencies, and Corporations (including transfer of funds) 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2015 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act ( 21 U.S.C. 802 )) by the officers and employees of such department, agency, or instrumentality. 702. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with subsection 1343(c) of title 31, United States Code, for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement vehicles, protective vehicles, and undercover surveillance vehicles), is hereby fixed at $13,197 except station wagons for which the maximum shall be $13,631: Provided , That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further , That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further , That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101–549 over the cost of comparable conventionally fueled vehicles: Provided further , That the limits set forth in this section shall not apply to any vehicle that is a commercial item and which operates on emerging motor vehicle technology, including but not limited to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles. 703. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922 through 5924. 704. Unless otherwise specified in law, during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B) ; (3) is a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person who owes allegiance to the United States: Provided , That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status are being complied with: Provided further , That for purposes of subsections (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter as necessary: Provided further , That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government: Provided further , That this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: Provided further , That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country. 705. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. 706. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13423 (January 24, 2007), including any such programs adopted prior to the effective date of the Executive order. (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. 707. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109 ; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided , That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. 708. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. 709. None of the funds made available pursuant to the provisions of this or any other Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term office shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual. 711. Notwithstanding 31 U.S.C. 1346 , or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 13618 (July 6, 2012). 712. (a) None of the funds made available by this or any other Act may be obligated or expended by any department, agency, or other instrumentality of the Federal Government to pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is excepted from the competitive service under section 3302 of title 5, United States Code, (pursuant to schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations) unless the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director of the Office of Personnel Management that the schedule C position occupied by the individual was not created solely or primarily in order to detail the individual to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from an element of the intelligence community (as that term is defined under section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )). 713. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who— (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1). 714. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 715. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. 716. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee's home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction. 717. None of the funds made available in this or any other Act may be used to provide any non-public information such as mailing, telephone or electronic mailing lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate. 718. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by Congress. 719. (a) In this section, the term agency — (1) means an Executive agency, as defined under 5 U.S.C. 105 ; and (2) includes a military department, as defined under section 102 of such title, the Postal Service, and the Postal Regulatory Commission. (b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6301(2) , has an obligation to expend an honest effort and a reasonable proportion of such employee's time in the performance of official duties. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory Board (FASAB), shall be available to finance an appropriate share of FASAB administrative costs. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse General Services Administration, Government-wide Policy with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts: Provided , That these funds shall be administered by the Administrator of General Services to support Government-wide and other multi-agency financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups designated by the Director (including the President's Management Council for overall management improvement initiatives, the Chief Financial Officers Council for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for performance improvement initiatives): Provided further , That the total funds transferred or reimbursed shall not exceed $17,000,000 for Government-Wide innovations, initiatives, and activities: Provided further , That the funds transferred to or for reimbursement of General Services Administration, Government-wide Policy during fiscal year 2015 shall remain available for obligation through September 30, 2016: Provided further , That such transfers or reimbursements may only be made after 15 days following notification of the Committees on Appropriations of the House of Representatives and the Senate by the Director of the Office of Management and Budget. 722. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 723. Notwithstanding 31 U.S.C. 1346 , or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council (authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities: Provided , That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science and Technology, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number, as applicable, and the amount provided: Provided , That this section shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds. 725. (a) Prohibition of Federal Agency Monitoring of Individuals' Internet Use None of the funds made available in this or any other Act may be used by any Federal agency— (1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or (2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site. (b) Exceptions The limitations established in subsection (a) shall not apply to— (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; (3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or (4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site. (c) Definitions For the purposes of this section: (1) The term regulatory means agency actions to implement, interpret or enforce authorities provided in law. (2) The term supervisory means examinations of the agency's supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law. 726. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. (b) Nothing in this section shall apply to a contract with— (1) any of the following religious plans: (A) Personal Care's HMO; and (B) OSF HealthPlans, Inc.; and (2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs. (c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions. (d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 727. The United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities. 728. Notwithstanding any other provision of law, funds appropriated for official travel to Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A–126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program. 729. Notwithstanding any other provision of law, none of the funds appropriated or made available under this or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch). 730. Notwithstanding any other provision of law, no executive branch 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 which cannot be accommodated in existing Center facilities. 731. Unless otherwise authorized by existing law, none of the funds provided in this or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 732. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act), and regulations implementing that section. 733. (a) In General None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(b) ) or any subsidiary of such an entity. (b) Waivers (1) In general Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is required in the interest of national security. (2) Report to congress Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress. (c) Exception This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract. 734. During fiscal year 2015, for each employee who— (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or (2) retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code. 735. (a) None of the funds made available in this or any other Act may be used to recommend or require any entity submitting an offer for a Federal contract or otherwise performing or participating in acquisition at any stage of the acquisition process (as defined in section 131 of title 41, United States Code) of property or services by the Federal Government to disclose any of the following information as a condition of submitting the offer or otherwise performing in or participating in such acquisition: (1) Any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for election for Federal office or to a political committee, or that is otherwise made with respect to any election for Federal office. (2) Any disbursement of funds (other than a payment described in paragraph (1)) made by the entity, its officers or directors, or any of its affiliates or subsidiaries to any person with the intent or the reasonable expectation that the person will use the funds to make a payment described in paragraph (1). (b) In this section, each of the terms contribution , expenditure , independent expenditure , electioneering communication , candidate , election , and Federal office has the meaning given such term in the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ). 736. None of the funds made available in this or any other Act may be used to pay for the painting of a portrait of an officer or employee of the Federal government, including the President, the Vice President, a member of Congress (including a Delegate or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United States Code), or the head of an office of the legislative branch. 737. (a) (1) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2015, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— (A) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2015, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and (B) during the period consisting of the remainder of fiscal year 2015, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under subparagraph (A) by more than the sum of— (i) the percentage adjustment taking effect in fiscal year 2015 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (ii) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2015 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section. (2) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) applicable to such employee. (3) For the purposes of this subsection, the rates payable to an employee who is covered by this subsection and who is paid from a schedule not in existence on September 30, 2014, shall be determined under regulations prescribed by the Office of Personnel Management. (4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on September 30, 2014, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection. (5) This subsection shall apply with respect to pay for service performed after September 30, 2014. (6) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this subsection shall be treated as the rate of salary or basic pay. (7) Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection at a rate in excess of the rate that would be payable were this subsection not in effect. (8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. (b) Notwithstanding subsection (a), the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2015 under sections 5344 and 5348 of title 5, United States Code, shall be— (1) not less than the percentage received by employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under sections 5303 and 5304 of title 5, United States Code: Provided , That prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5, United States Code, and prevailing rate employees described in section 5343(a)(5) of title 5, United States Code, shall be considered to be located in the pay locality designated as Rest of United States pursuant to section 5304 of title 5, United States Code, for purposes of this subsection; and (2) effective as of the first day of the first applicable pay period beginning after September 30, 2014. 738. (a) The Vice President may not receive a pay raise in calendar year 2015, notwithstanding the rate adjustment made under section 104 of title 3, United States Code, or any other provision of law. (b) An employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, may not receive a pay rate increase in calendar year 2015, notwithstanding schedule adjustments made under section 5318 of title 5, United States Code, or any other provision of law, except as provided in subsection (g), (h), or (i). This subsection applies only to employees who are holding a position under a political appointment. (c) A chief of mission or ambassador at large may not receive a pay rate increase in calendar year 2015, notwithstanding section 401 of the Foreign Service Act of 1980 ( Public Law 96–465 ) or any other provision of law, except as provided in subsection (g), (h), or (i). (d) Notwithstanding sections 5382 and 5383 of title 5, United States Code, a pay rate increase may not be received in calendar year 2015 (except as provided in subsection (g), (h), or (i)) by— (1) a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above level IV of the Executive Schedule; or (2) a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above level IV of the Executive Schedule. (e) Any employee paid a rate of basic pay (including any locality-based payments under section 5304 of title 5, United States Code, or similar authority) at or above level IV of the Executive Schedule who serves under a political appointment may not receive a pay rate increase in calendar year 2015, notwithstanding any other provision of law, except as provided in subsection (g), (h), or (i). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, or to employees appointed under section 3161 of title 5, United States Code, or to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 of title 5, United States Code, applied to them. (f) Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law. (g) A career appointee in the Senior Executive Service who receives a Presidential appointment and who makes an election to retain Senior Executive Service basic pay entitlements under section 3392 of title 5, United States Code, is not subject to this section. (h) A member of the Senior Foreign Service who receives a Presidential appointment to any position in the executive branch and who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 ( Public Law 96–465 ) is not subject to this section. (i) Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position with higher-level duties and a pre-established higher level or range of pay, except that any such increase must be based on the rates of pay and applicable pay limitations in effect on December 31, 2013. (j) Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable pay limitations in effect on December 31, 2013. (k) If an employee affected by subsections (b) through (e) is subject to a biweekly pay period that begins in calendar year 2015 but ends in calendar year 2016, the bar on the employee's receipt of pay rate increases shall apply through the end of that pay period. 739. (a) The head of any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2015 for which the cost to the United States Government was more than $100,000. (b) Each report submitted pursuant to subsection (a) shall include, with respect to each conference described in subsection (a) held during the applicable period— (1) a description of the purpose of the conference; (2) the number of participants attending each conference; (3) a detailed statement of the costs to the government for the conference, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used, including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Not later than 15 days after the date of a conference held by any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act during fiscal year 2015 for which the cost to the United States Government was more than $20,000, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this or any other appropriations Act may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this or any other appropriations Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 740. None of the funds made available in this or any other appropriations Act may be used to increase, eliminate, or reduce funding for a program, project, or activity as proposed in the President's budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this or any other appropriations Act. 741. Except as expressly provided otherwise, any reference to this Act contained in any title other than title IV or VIII shall not apply to such title IV or VIII. VIII General provisions—district of columbia (including transfers of funds) 801. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government. 802. None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. 803. (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, 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 expenditures for an agency through a reprogramming of funds which— (1) creates new programs; (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased under this Act; (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; (5) re-establishes any program or project previously deferred through reprogramming; (6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate. (b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 7, 2015. 804. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3–171; sec. 1–123, D.C. Official Code). 805. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this section, the term official duties does not include travel between the officer's or employee's residence and workplace, except in the case of— (1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Fire Chief; (3) the Mayor of the District of Columbia; (4) the Chairman of the Council of the District of Columbia; (5) at the discretion of the Chief Medical Examiner, an employee of the Office of the Chief Medical Examiner who resides in the District and is on call 24 hours a day or is otherwise designated by the Chief Medical Examiner; (6) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or employee of the Homeland Security and Emergency Management Agency who resides in the District and is on call 24 hours a day or is otherwise designated by the Director; and (7) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Director. 806. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia. (b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. 807. None of the Federal funds contained in this Act may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. 808. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a conscience clause which provides exceptions for religious beliefs and moral convictions. 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) or any tetrahydrocannabinols derivative for any purpose. (b) None of the funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) or any tetrahydrocannabinols derivative for recreational purposes. 810. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest. 811. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District of Columbia government for fiscal year 2015 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures. (b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements. 812. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1–204.42). 813. (a) Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia's enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act. (b) The District of Columbia government is authorized to reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act. (c) The District of Columbia government may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. 814. None of the Federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 815. Except as otherwise specifically provided by law or under this Act, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2015 from appropriations of Federal funds made available for salaries and expenses for fiscal year 2015 in this Act, shall remain available through September 30, 2016, for each such account for the purposes authorized: Provided , That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further , That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act. 816. (a) During fiscal year 2016, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Fiscal Year 2016 Budget Request Act of 2015 as submitted to Congress (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at the rate set forth by such Act. (b) Appropriations made by subsection (a) shall cease to be available— (1) during any period in which a District of Columbia continuing resolution for fiscal year 2016 is in effect; or (2) upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2016. (c) An appropriation made by subsection (a) is provided under the authority and conditions as provided under this Act and shall be available to the extent and in the manner that would be provided by this Act. (d) An appropriation made by subsection (a) shall cover all obligations or expenditures incurred for such project or activity during the portion of fiscal year 2016 for which this section applies to such project or activity. (e) This section shall not apply to a project or activity during any period of fiscal year 2016 if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. (f) Nothing in this section shall be construed to affect obligations of the government of the District of Columbia mandated by other law. 817. Except as expressly provided otherwise, any reference to this Act contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV. Title IX Additional General Provisions 901. (a) No funds appropriated by this Act shall be available to pay for an abortion or the administrative expenses in connection with a multi-State qualified health plan offered under a contract under section 1334 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18054 ) which provides any benefits or coverage for abortions. (b) The provision of subsection (a) shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. spending reduction account 902. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0 (increased by $1,750,000) (increased by $353,000,000) (increased by $788,111,800) (increased by $2,000,000). 903. The amount otherwise provided by this Act for National Security Council and Homeland Security Council—Salaries and Expenses for the National Security Council is hereby reduced by $4,200,000. 904. 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. 905. None of the funds made available by this Act may be used to reinstall the Red Mountain sculpture on the plaza of the Hugo Black Courthouse in Birmingham, Alabama. 906. 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. . 907. None of the funds made available in this Act may be used to modify or rebuild any portion of the White House bowling alley, including using phenolic synthetic material. 908. None of the funds made available by this Act may be used to enter into a contract with any offeror or any of its principals if the offeror certifies, as required by Federal Acquisition Regulation, that the offeror or any of its principals— (1) within a 3-year period preceding this offer has been convicted of or had a civil judgment rendered against it for: (A) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; (B) violation of Federal or State antitrust statutes relating to the submission of offers; or (C) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (2) are presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated above in paragraph (1); or (3) within a 3-year period preceding this offer, has been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. 909. None of the funds made available in this Act may be used in contravention of chapter 29, 31, or 33 of title 44, United States Code. 910. None of the funds in this Act may be available for the Office of Management and Budget to process or approve an apportionment request that does not include the following phrase: Apportioned amounts are not available for any position that is held by an employee with respect to whom the President of the Senate or the Speaker of the House of Representatives has certified a statement of facts to a United States attorney under section 104 of the Revised Statutes ( 2 U.S.C. 194 ). . 911. None of the funds made available by this Act may be used in contravention of section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information). 912. None of the funds made available by this Act may be used to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011. 913. None of the funds made available by this Act may be used to— (1) designate any nonbank financial company as too big to fail ; (2) designate any nonbank financial company as a systemically important financial institution ; or (3) make a determination that material financial distress at a nonbank financial company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of such company, could pose a threat to the financial stability of the United States. 914. None of the funds made available in this Act may be used to study, promulgate, draft, review, implement, or enforce any rule pursuant to section 913 of the Dodd-Frank Wall Street Reform and Consumer Protection Act or amendments made by such section. 915. None of the funds made available by this Act may be used to pay a performance award under section 5384 of title 5, United States Code, to any employee of the Internal Revenue Service. 916. None of the funds made available in this Act may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, or Wisconsin or the District of Columbia, to penalize a financial institution solely because the institution provides financial services to an entity that is a manufacturer, producer, or a person that participates in any business or organized activity that involves handling marijuana or marijuana products and engages in such activity pursuant to a law established by a State or a unit of local government. 917. None of the funds made available by this Act may be used by the Internal Revenue Service to create machine-readable materials that are not subject to the safeguards established pursuant to section 3105 of title 44, United States Code. 918. None of funds made available by this Act to the Internal Revenue Service may be obligated or expended on conferences. 919. None of the funds made available in this Act may be used to provide funds from the Hardest Hit Fund program established by the Secretary of the Treasury under title I of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. ) to any State or local government for the purpose of funding pension obligations of such State or local government. 920. None of the funds made available in this Act to the Federal Communications Commission may be used, with respect to the States of Alabama, Arkansas, California, Colorado, Florida, Louisiana, Michigan, Minnesota, Missouri, Nebraska, Nevada, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin, to prevent such States from implementing their own State laws with respect to the provision of broadband Internet access service (as defined in section 8.11 of title 47, Code of Federal Regulations) by the State or a municipality or other political subdivision of the State. 921. None of the funds made available by this Act may be used by the Consumer Product Safety Commission to finalize, implement, or enforce the proposed rule entitled Voluntary Remedial Actions and Guidelines for Voluntary Recall Notices (CPSC Docket No. CPSC–2013–0040). 922. None of the funds made available by this Act, including amounts made available under titles IV or VIII, may be used by any authority of the government of the District of Columbia to enforce any provision of the Firearms Registration Amendment Act of 2008 (D.C. Law 17–372), the Inoperable Pistol Amendment Act of 2008 (D.C. Law 17–388), the Firearms Amendment Act of 2012 (D.C. Law 19–170), or the Administrative Disposition for Weapons Offenses Amendment Act of 2012 (D.C. Law 19–295). This Act may be cited as the Financial Services and General Government Appropriations Act, 2015 .
Passed the House of Representatives July 16, 2014. Karen L. Haas, Clerk.
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113-hr-5017
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I 113th CONGRESS 2d Session H. R. 5017 IN THE HOUSE OF REPRESENTATIVES July 3, 2014 Mr. Yoho introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit United States non-security assistance to Mexico.
1. Prohibition on United States non-security assistance to Mexico (a) Prohibition No funds available to any department or agency of the Government of the United States may be used to provide non-security assistance to Mexico unless an Act of Congress providing that Mexico’s border with the United States is secured is enacted into law after the date of the enactment of this Act. (b) Effective date The prohibition in subsection (a) applies with respect to funds made available for fiscal year 2015 and subsequent fiscal years.
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113-hr-5018
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I 113th CONGRESS 2d Session H. R. 5018 IN THE HOUSE OF REPRESENTATIVES July 7, 2014 Mr. Huizenga of Michigan (for himself and Mr. Garrett ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Reserve Act to establish requirements for policy rules and blackout periods of the Federal Open Market Committee, to establish requirements for certain activities of the Board of Governors of the Federal Reserve System, and for other purposes.
1. Short title This Act may be cited as the Federal Reserve Accountability and Transparency Act of 2014 . 2. Requirements for policy rules of the Federal Open Market Committee (a) In general The Federal Reserve Act ( 12 U.S.C. 221 et seq. ) is amended by inserting after section 2B the following new section: 2C. Directive Policy Rules of the Federal Open Market Committee (a) Definitions In this section the following definitions shall apply: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Directive Policy Rule The term Directive Policy Rule means a policy rule developed by the Federal Open Market Committee that meets the requirements of subsection (c) and that provides the basis for the Open Market Operations Directive. (3) GDP The term GDP means the gross domestic product of the United States as computed and published by the Department of Commerce. (4) Intermediate Policy Input The term Intermediate Policy Input — (A) may include any variable determined by the Federal Open Market Committee as a necessary input to guide open-market operations; (B) shall include an estimate of, and the method of calculation for, the current rate of inflation or current inflation expectations; and (C) shall include, specifying whether the variable or estimate is historical, current, or a forecast and the method of calculation, at least one of— (i) an estimate of real GDP, nominal GDP, or potential GDP; (ii) an estimate of the monetary aggregate compiled by the Board of Governors of the Federal Reserve System and Federal reserve banks; or (iii) an interactive variable or a net estimate composed of the estimates described in clauses (i) and (ii). (5) Legislative day The term legislative day means a day on which either House of Congress is in session. (6) Open Market Operations Directive The term Open Market Operations Directive means an order to achieve a specified Policy Instrument Target provided to the Federal Reserve Bank of New York by the Federal Open Market Committee pursuant to powers authorized under section 14 of this Act that guide open-market operations. (7) Policy Instrument The term Policy Instrument means— (A) the nominal Federal funds rate; (B) the nominal rate of interest paid on nonborrowed reserves; or (C) the discount window primary credit interest rate most recently published on the Federal Reserve Statistical Release on selected interest rates (daily or weekly), commonly referred to as the H.15 release. (8) Policy Instrument Target The term Policy Instrument Target means the target for the Policy Instrument specified in the Open Market Operations Directive. (9) Reference Policy Rule The term Reference Policy Rule means a calculation of the nominal Federal funds rate as equal to the sum of the following: (A) The rate of inflation over the previous four quarters. (B) One-half of the percentage deviation of the real GDP from an estimate of potential GDP. (C) One-half of the difference between the rate of inflation over the previous four quarters and two. (D) Two. (b) Submitting a Directive Policy Rule Not later than 48 hours after the end of a meeting of the Federal Open Market Committee, the Chairman of the Federal Open Market Committee shall submit to the appropriate congressional committees and the Comptroller General of the United States a Directive Policy Rule and a statement that identifies the members of the Federal Open Market Committee who voted in favor of the Rule. (c) Requirements for a Directive Policy Rule A Directive Policy Rule shall— (1) identify the Policy Instrument the Directive Policy Rule is designed to target; (2) describe the strategy or rule of the Federal Open Market Committee for the systematic quantitative adjustment of the Policy Instrument Target to respond to a change in the Intermediate Policy Inputs; (3) include a function that comprehensively models the interactive relationship between the Intermediate Policy Inputs; (4) include the coefficients of the Directive Policy Rule that generate the current Policy Instrument Target and a range of predicted future values for the Policy Instrument Target if changes occur in any Intermediate Policy Input; (5) describe the procedure for adjusting the supply of bank reserves to achieve the Policy Instrument Target; (6) include a statement as to whether the Directive Policy Rule substantially conforms to the Reference Policy Rule and, if applicable— (A) an explanation of the extent to which it departs from the Reference Policy Rule; (B) a detailed justification for that departure; and (C) a description of the circumstances under which the Directive Policy Rule may be amended in the future; (7) include a certification that such Rule is expected to support the economy in achieving stable prices and maximum natural employment over the long term; and (8) include a calculation that describes with mathematical precision the expected annual inflation rate over a 5-year period. (d) GAO report The Comptroller General of the United States shall compare the Directive Policy Rule submitted under subsection (b) with the rule that was most recently submitted to determine whether the Directive Policy Rule has materially changed. If the Directive Policy Rule has materially changed, the Comptroller General shall, not later than 7 days after each meeting of the Federal Open Market Committee, conduct an audit of the Rule and submit a report to the appropriate congressional committees specifying whether the Rule submitted after that meeting and the Federal Open Market Committee are in compliance with this section. (e) Changing market conditions (1) Rule of construction Nothing in this Act shall be construed to require that the plans with respect to the systematic quantitative adjustment of the Policy Instrument Target described under subsection (c)(2) be implemented if the Federal Open Market Committee determines that such plans cannot or should not be achieved due to changing market conditions. (2) GAO approval of update Upon determining that plans described in paragraph (1) cannot or should not be achieved, the Federal Open Market Committee shall submit an explanation for that determination and an updated version of the Directive Policy Rule to the Comptroller General of the United States and the appropriate congressional committees not later than 48 hours after making the determination. The Comptroller General shall, not later than 48 hours after receiving such updated version, conduct an audit and issue a report determining whether such updated version and the Federal Open Market Committee are in compliance with this section. (f) Directive Policy Rule and Federal Open Market Committee not in compliance (1) In general If the Comptroller General of the United States determines that the Directive Policy Rule and the Federal Open Market Committee are not in compliance with this section in the report submitted pursuant to subsection (d), or that the updated version of the Directive Policy Rule and the Federal Open Market Committee are not in compliance with this section in the report submitted pursuant to subsection (e)(2), the Chairman of the Board of Governors of the Federal Reserve System shall, not later than 7 legislative days after the date of submission of such a report, testify before the appropriate congressional committees as to why the Directive Policy Rule, the updated version, or the Federal Open Market Committee is not in compliance. (2) GAO audit Notwithstanding subsection (b) of section 714 of title 31, United States Code, upon submitting a report of noncompliance pursuant to subsection (d) or subsection (e)(2) and after the period of 7 legislative days described in paragraph (1), the Comptroller General shall audit the conduct of monetary policy by the Board of Governors of the Federal Reserve System and the Federal Open Market Committee upon request of the appropriate congressional committee. Such committee may specify the parameters of such audit. (g) Congressional hearings The Chairman of the Board of Governors of the Federal Reserve System shall, if requested by either of the appropriate congressional committees and not later than 7 legislative days after such request, appear before such committee to explain any change to the Directive Policy Rule. . (b) Conforming amendment The second sentence of subsection (b) of section 714 of title 31, United States Code, is amended by striking Audits and inserting Except as provided in section 2C(f) of the Federal Reserve Act, audits . 3. Federal Open Market Committee blackout period Section 12A of the Federal Reserve Act ( 12 U.S.C. 263 ) is amended by adding at the end the following new subsection: (d) Blackout period (1) In general During a blackout period, the only public communications that may be made by members and staff of the Committee with respect to macroeconomic or financial developments or about current or prospective monetary policy issues are the following: (A) The dissemination of published data, surveys, and reports that have been cleared for publication by the Board of Governors of the Federal Reserve System. (B) Answers to technical questions specific to a data release. (C) Communications with respect to the prudential or supervisory functions of the Board of Governors. (2) Blackout period defined For purposes of this subsection, and with respect to a meeting of the Committee described under subsection (a), the term blackout period means the time period that— (A) begins immediately after midnight on the day that is one week prior to the date on which such meeting takes place; and (B) ends at midnight on the day after the date on which such meeting takes place. . 4. Requirements for stress tests and supervisory letters for the Board of Governors of the Federal Reserve System (a) Stress test rulemaking, GAO review, and publication of results Section 165(i)(1)(B) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365(i)(1)(B)) is amended— (1) by amending clause (i) to read as follows: (i) shall— (I) issue regulations, after providing for public notice and comment, that provide for at least 3 different sets of conditions under which the evaluation required by this subsection shall be conducted, including baseline, adverse, and severely adverse, and methodologies, including models used to estimate losses on certain assets; and (II) provide copies of such regulations to the Comptroller General of the United States and the Panel of Economic Advisors of the Congressional Budget Office before publishing such regulations; ; and (2) in clause (v), by inserting before the period the following: , including any results of a resubmitted test . (b) Publication of the number of supervisory letters sent to the largest bank holding companies Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5365 ) is further amended by adding at the end the following new subsection: (l) Publication of supervisory letter information The Board of Governors shall publicly disclose— (1) the aggregate number of supervisory letters sent to bank holding companies described in subsection (a) since the date of the enactment of this section, and keep such number updated; and (2) the aggregate number of such letters that are designated as Matters Requiring Attention and the aggregate number of such letters that are designated as Matters Requiring Immediate Attention . . 5. Frequency of testimony of the Chairman of the Board of Governors of the Federal Reserve System to Congress (a) In general Section 2B of the Federal Reserve Act ( 12 U.S.C. 225b ) is amended— (1) by striking semi-annual each place it appears and inserting quarterly ; and (2) in subsection (a)(2)— (A) by inserting and October 20 after July 20 each place it appears; and (B) by inserting and May 20 after February 20 each place it appears. (b) Conforming amendment Paragraph (12) of section 10 of the Federal Reserve Act ( 12 U.S.C. 247b(12) ) is amended by striking semi-annual and inserting quarterly . 6. Vice Chairman for Supervision report requirement Section 10 of the Federal Reserve Act is amended— (1) by redesignating paragraph (12) as paragraph (11); and (2) in paragraph (11), as so redesignated, by adding at the end the following: In each such appearance, the Vice Chairman for Supervision shall provide written testimony that includes the status of all pending and anticipated rulemakings that are being made by the Board of Governors of the Federal Reserve System. If, at the time of any appearance described in this paragraph, the position of Vice Chairman for Supervision is vacant, the Vice Chairman for the Board of Governors of the Federal Reserve System (who has the responsibility to serve in the absence of the Chairman) shall appear instead and provide the required written testimony. If, at the time of any appearance described in this paragraph, both Vice Chairman positions are vacant, the Chairman of the Board of Governors of the Federal Reserve System shall appear instead and provide the required written testimony. . 7. Economic analysis of regulations of the Board of Governors of the Federal Reserve System Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ) is amended by inserting after subsection (l) the following new subsection: (m) Consideration of economic impacts (1) In general Before issuing any regulation, the Board of Governors of the Federal Reserve System shall— (A) clearly identify the nature and source of the problem that the proposed regulation is designed to address, assess the significance of that problem, and assess whether any new regulation is warranted; (B) assess the qualitative and quantitative costs and benefits of the proposed regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the proposed regulation outweigh the costs of the regulation; (C) identify and assess available alternatives to the proposed regulation that were considered, including any alternative offered by a member of the Board of Governors of the Federal Reserve System or the Federal Open Market Committee and including any modification of an existing regulation, together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives; and (D) ensure that any proposed regulation is accessible, consistent, written in plain language, and easy to understand and shall measure, and seek to improve, the actual results of regulatory requirements. (2) Considerations and actions (A) Required actions In deciding whether and how to regulate, the Board shall assess the costs and benefits of available regulatory alternatives, including the alternative of not regulating, and choose the approach that maximizes net benefits. Specifically, the Board shall— (i) evaluate whether, consistent with achieving regulatory objectives, the regulation is tailored to impose the least impact on the availability of credit and economic growth and to impose the least burden on society, including market participants, individuals, businesses of different sizes, and other entities (including State and local governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations; and (ii) evaluate whether the regulation is inconsistent, incompatible, or duplicative of other Federal regulations. (B) Additional considerations In addition, in making a reasoned determination of the costs and benefits of a proposed regulation, the Board shall, to the extent that each is relevant to the particular proposed regulation, take into consideration the impact of the regulation, including secondary costs such as an increase in the cost or a reduction in the availability of credit or investment services or products, on— (i) the safety and soundness of the United States banking system; (ii) market liquidity in securities markets; (iii) small businesses; (iv) community banks; (v) economic growth; (vi) cost and access to capital; (vii) market stability; (viii) global competitiveness; (ix) job creation; (x) the effectiveness of the monetary policy transmission mechanism; and (xi) employment levels. (3) Explanation and comments The Board shall explain in its final rule the nature of comments that it received and shall provide a response to those comments in its final rule, including an explanation of any changes that were made in response to those comments and the reasons that the Board did not incorporate concerns related to the potential costs or benefits in the final rule. (4) Postadoption impact assessment (A) In general Whenever the Board adopts or amends a regulation designated as a major rule within the meaning of section 804(2) of title 5, United States Code, it shall state, in its adopting release, the following: (i) The purposes and intended consequences of the regulation. (ii) The assessment plan that will be used, consistent with the requirements of subparagraph (B), to assess whether the regulation has achieved the stated purposes. (iii) Appropriate postimplementation quantitative and qualitative metrics to measure the economic impact of the regulation and the extent to which the regulation has accomplished the stated purpose of the regulation. (iv) Any reasonably foreseeable indirect effects that may result from the regulation. (B) Requirements of assessment plan and report (i) Requirements of plan The assessment plan required under this paragraph shall consider the costs, benefits, and intended and unintended consequences of the regulation. The plan shall specify the data to be collected, the methods for collection and analysis of the data, and a date for completion of the assessment. The assessment plan shall include an analysis of any jobs added or lost as a result of the regulation, differentiating between public and private sector jobs. (ii) Submission and publication of report The Board shall, not later than 2 years after the publication of the adopting release, publish the assessment plan in the Federal Register for notice and comment. If the Board determines, at least 90 days before the deadline for publication of the assessment plan, that an extension is necessary, the Board shall publish a notice of such extension and the specific reasons why the extension is necessary in the Federal Register. Any material modification of the assessment plan, as necessary to assess unforeseen aspects or consequences of the regulation, shall be promptly published in the Federal Register for notice and comment. (iii) Data collection not subject to notice and comment requirements If the Board has published the assessment plan for notice and comment at least 30 days before the adoption of a regulation designated as a major rule, the collection of data under the assessment plan shall not be subject to the notice and comment requirements in section 3506(c) of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). Any material modification of the plan that requires collection of data not previously published for notice and comment shall also be exempt from such requirements if the Board has published notice in the Federal Register for comment on the additional data to be collected, at least 30 days before the initiation of data collection. (iv) Final action Not later than 180 days after publication of the assessment plan in the Federal Register, the Board shall issue for notice and comment a proposal to amend or rescind the regulation, or shall publish a notice that the Board has determined that no action will be taken on the regulation. Such a notice will be deemed a final agency action. (5) Covered regulations and other actions Solely as used in this subsection, the term regulation — (A) means a statement of general applicability and future effect that is designed to implement, interpret, or prescribe law or policy, or to describe the procedure or practice requirements of the Board of Governors, including rules, orders of general applicability, interpretive releases, and other statements of general applicability that the Board of Governors intends to have the force and effect of law; and (B) does not include— (i) a regulation issued in accordance with the formal rulemaking provisions of section 556 or 557 of title 5, United States Code; (ii) a regulation that is limited to the organization, management, or personnel matters of the Board of Governors; (iii) a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision; or (iv) a regulation that is certified by the Board of Governors to be an emergency action, if such certification is published in the Federal Register. . 8. Salaries, financial disclosures, and office staff of the Board of Governors of the Federal Reserve System (a) In general Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ) is further amended— (1) by redesignating the second subsection (s) (relating to assessments, fees, and other charges for certain companies) as subsection (t); and (2) by adding at the end the following new subsections: (u) Ethics standards for members and employees (1) Prohibited and restricted financial interests and transactions The members and employees of the Board of Governors of the Federal Reserve System shall be subject to the provisions under section 4401.102 of title 5, Code of Federal Regulations, to the same extent as such provisions apply to an employee of the Securities and Exchange Commission. (2) Treatment of brokerage accounts and availability of account statements The members and employees of the Board of Governors of the Federal Reserve System shall— (A) disclose all brokerage accounts that they maintain, as well as those in which they control trading or have a financial interest (including managed accounts, trust accounts, investment club accounts, and the accounts of spouses or minor children who live with the member or employee); and (B) with respect to any securities account that the member or employee is required to disclose to the Board of Governors, authorize their brokers and dealers to send duplicate account statements directly to Board of Governors. (3) Prohibitions related to outside employment and activities The members and employees of the Board of Governors of the Federal Reserve System shall be subject to the prohibitions related to outside employment and activities described under section 4401.103(c) of title 5, Code of Federal Regulations, to the same extent as such prohibitions apply to an employee of the Securities and Exchange Commission. (4) Additional ethics standards The members and employees of the Board of Governors of the Federal Reserve System shall be subject to— (A) the employee responsibilities and conduct regulations of the Office of Personnel Management under part 735 of title 5, Code of Federal Regulations; (B) the canons of ethics contained in subpart C of part 200 of title 17, Code of Federal Regulations, to the same extent as such subpart applies to the employees of the Securities and Exchange Commission; and (C) the regulations concerning the conduct of members and employees and former members and employees contained in subpart M of part 200 of title 17, Code of Federal Regulations, to the same extent as such subpart applies to the employees of the Securities and Exchange Commission. (v) Disclosure of staff salaries and financial information The Board of Governors of the Federal Reserve System shall make publicly available, on the website of the Board of Governors, a searchable database that contains the names of all members, officers, and employees of the Board of Governors and each Federal reserve bank who receive an annual salary in excess of the annual rate of basic pay for GS–15 of the General Schedule, and— (1) the yearly salary information for such individuals, along with any nonsalary compensation received by such individuals; and (2) any financial disclosures required to be made by such individuals. . (b) Office staff for each member of the Board of Governors Subsection (l) of section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ) is amended by adding at the end the following: Each member of the Board of Governors of the Federal Reserve System may employ, at a minimum, 2 individuals, with such individuals selected by such member and the salaries of such individuals set by such member. A member may employ additional individuals as determined necessary by the Board of Governors. . 9. Requirements for international negotiations (a) Board of Governors requirements Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ), as amended by section 8 of this Act, is further amended by adding at the end the following new subsection: (w) International negotiations (1) Notice of negotiations; consultation At least 90 calendar days before any member or employee of the Board of Governors of the Federal Reserve System enters into negotiations with any foreign or multinational entity, the Board of Governors shall— (A) issue a notice of negotiations to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) make such notice available to the public, including on the website of the Board of Governors; and (C) solicit public comment, and consult with the committees described under subparagraph (A), with respect to the topic matter, scope, and goals of the negotiations. (2) Public reports on negotiations After the end of any negotiation described under paragraph (1), the Board of Governors shall issue a public report on the topics that were discussed at the negotiation and any new or revised rulemakings or policy changes that the Board of Governors believes should be implemented as a result of the negotiations. (3) Notice of agreements; consultation At least 90 calendar days before any member or employee of the Board of Governors of the Federal Reserve System enters into any agreement with any foreign or multinational entity, the Board of Governors shall— (A) issue a notice of agreement to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) make such notice available to the public, including on the website of the Board of Governors; and (C) consult with such committees with respect to the nature of the agreement and any anticipated effects such agreement will have on the economy. . (b) FDIC requirements The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) is amended by adding at the end the following new section: 50. International negotiations (a) Notice of negotiations; consultation At least 90 calendar days before the Board of Directors enters into negotiations with any foreign or multinational entity, the Board of Directors shall— (1) issue a notice of negotiations to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; (2) make such notice available to the public, including on the website of the Corporation; and (3) solicit public comment, and consult with the committees described under paragraph (1), with respect to the topic matter, scope, and goals of the negotiations. (b) Public reports on negotiations After the end of any negotiation described under subsection (a), the Board of Directors shall issue a public report on the topics that were discussed at the negotiation and any new or revised rulemakings or policy changes that the Board of Directors believes should be implemented as a result of the negotiations. (c) Notice of agreements; consultation At least 90 calendar days before the Board of Directors enters into any agreement with any foreign or multinational entity, the Board of Directors shall— (1) issue a notice of agreement to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; (2) make such notice available to the public, including on the website of the Corporation; and (3) consult with such committees with respect to the nature of the agreement and any anticipated effects such agreement will have on the economy. . (c) Treasury requirements Section 325 of title 31, United States Code, is amended by adding at the end the following new subsection: (d) International negotiations (1) Notice of negotiations; consultation At least 90 calendar days before the Secretary enters into negotiations with any foreign or multinational entity, the Secretary shall— (A) issue a notice of negotiations to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) make such notice available to the public, including on the website of the Department of the Treasury; and (C) solicit public comment, and consult with the committees described under subparagraph (A), with respect to the topic matter, scope, and goals of the negotiations. (2) Public reports on negotiations After the end of any negotiation described under paragraph (1), the Secretary shall issue a public report on the topics that were discussed at the negotiation and any new or revised rulemakings or policy changes that the Secretary believes should be implemented as a result of the negotiations. (3) Notice of agreements; consultation At least 90 calendar days before the Secretary enters into any agreement with any foreign or multinational entity, the Secretary shall— (A) issue a notice of agreement to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) make such notice available to the public, including on the website of the Department of the Treasury; and (C) consult with such committees with respect to the nature of the agreement and any anticipated effects such agreement will have on the economy. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5018ih/xml/BILLS-113hr5018ih.xml
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113-hr-5019
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I 113th CONGRESS 2d Session H. R. 5019 IN THE HOUSE OF REPRESENTATIVES July 7, 2014 Ms. Slaughter 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 1335 Jefferson Road in Rochester, New York, as the Specialist Theodore Matthew Glende Post Office .
1. Specialist Theodore Matthew Glende Post Office (a) Designation The facility of the United States Postal Service located at 1335 Jefferson Road in Rochester, New York, shall be known and designated as the Specialist Theodore Matthew Glende 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 Specialist Theodore Matthew Glende Post Office .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5019ih/xml/BILLS-113hr5019ih.xml
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113-hr-5020
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I 113th CONGRESS 2d Session H. R. 5020 IN THE HOUSE OF REPRESENTATIVES July 8, 2014 Mr. Daines (for himself and Mr. Cole ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Indian Land Consolidation Act to authorize the Secretary of the Interior to contract with eligible Indian tribes to manage land buy-back programs, to authorize that certain amounts be deposited into interest bearing accounts, and for other purposes.
1. Short title This Act may be cited as the Indian Tribal Self-Determination in Land Consolidation Act of 2014 . 2. Indian Land Consolidation Act Amendments Section 213(b)(3) of the Indian Land Consolidation Act ( 25 U.S.C. 2212(b)(3) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C)— (A) by striking may enter into agreements (such agreements will not be subject to the provisions of and inserting shall, at the request of the tribal government, enter into agreements (including contracts or compacts under ; and (B) by striking and at the end; and (3) by adding at the end the following subparagraphs: (D) shall make payments to the tribal government in an amount necessary to carry out any such agreement upon execution of the agreement or, at the discretion of the tribe, consistent with periodic installments under title IV of the Indian Self-Determination Act; and (E) shall authorize the tribal government to use any interest earned on such payments to acquire any fractional interest in, or permanent improvements located on, any tract of land which already has one or more trust or restricted fractional interests; and . 3. Trust Land Consolidation Fund Extension Section 101(e)(1)(b) of the Claims Resolution Act ( Public Law 111–291 ) is amended by striking 10-year and inserting 15-year . 4. Limitation Notwithstanding section 213(b) of the Indian Land Consolidation Act (as amended by section 2) (25 U.S.C. 2212(b)) and the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ), any funding appropriated under section 101(e)(1)(C) of the Claims Resolution Act of 2010 ( Public Law 111–291 ) that is made available pursuant to contracts or compacts authorized by section 213(b) of the Indian Land Consolidation Act (as amended by section 2) shall be subject to the requirements and limitations set forth in section F.2. of the Class Action Settlement Agreement authorized, ratified, and confirmed by the Claims Resolution Act of 2010. 5. Annual Reports to Congress In order to provide the Congress with periodic assessments of the implementation of the Trust Land Consolidation Fund, the Secretary of the Interior shall prepare and submit to the Committee on Natural Resources in the House of Representatives and the Committee on Indian Affairs in the Senate, not later than September 30th on an annual basis, a report containing the following: (1) The number of cooperative agreements, contracts, compacts, and other instruments entered into with Indian tribes to carry out land consolidation. (2) The number of fractionated interests purchased and vested in tribal ownership. (3) The amount drawn from the Trust Land Consolidation Fund. (4) The forward balance of the Trust Land Consolidation Fund. (5) Projections for land purchases for the duration of the Trust Land Consolidation Fund. 6. Consultation with Indian Tribes The Secretary of the Interior shall implement the amendments made by sections 2 and 3 in consultation with Indian tribes pursuant to applicable law, including regulations and executive orders.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5020ih/xml/BILLS-113hr5020ih.xml
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113-hr-5021
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113th CONGRESS 2d Session H.R. 5021 In the Senate of the United States, July 29, 2014. Amendment:
That the bill from the House of Representatives (H.R. 5021) entitled An Act to provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund, and for other purposes. , do pass with the following Strike all after the enacting clause and insert the following: 1. Short title; table of contents (a) Short title This Act may be cited as the Highway and Transportation Funding Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Surface Transportation Program Extension Subtitle A—Federal-aid highways Sec. 1001. Extension of Federal-aid highway programs. Subtitle B—Extension of highway safety programs Sec. 1101. Extension of National Highway Traffic Safety Administration highway safety programs. Sec. 1102. Extension of Federal Motor Carrier Safety Administration programs. Sec. 1103. Dingell-Johnson Sport Fish Restoration Act. Subtitle C—Public transportation programs Sec. 1201. Public transportation programs continuation. Subtitle D—Hazardous materials Sec. 1301. Extension of hazardous materials programs. TITLE II—Revenue Provisions Sec. 2001. Extension of Highway Trust Fund expenditure authority. Sec. 2002. Funding of Highway Trust Fund. Sec. 2003. Additional information on returns relating to mortgage interest. Sec. 2004. Penalty for failure to meet due diligence requirements for the child tax credit. Sec. 2005. Clarification of 6-year statute of limitations in case of overstatement of basis. Sec. 2006. 100 percent continuous levy on payment to medicare providers and suppliers. Sec. 2007. Modification of tax exemption requirements for mutual ditch or irrigation companies. Sec. 2008. Equalization of excise tax on liquefied natural gas and liquefied petroleum gas. Sec. 2009. Extension of customs user fees. TITLE III—Budgetary provisions Sec. 301. Treatment for PAYGO purposes. 2. Definitions In this Act and the amendments made by this Act: (1) MAP–21 The term MAP–21 means the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ; 126 Stat. 405). (2) Part-year extension period The term Part-Year Extension Period means the period beginning on October 1, 2014, and ending on the Part-Year Funding Date. (3) Part-year funding date The term Part-Year Funding Date means December 19, 2014. (4) Part-year ratio The term Part-Year Ratio means the ratio calculated by dividing— (A) the number of days included in the period beginning on October 1, 2014, and ending on the Part-Year Funding Date; by (B) 365. (5) SAFETEA–LU The term SAFETEA–LU means the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144). I Surface Transportation Program Extension A Federal-aid highways 1001. Extension of Federal-aid highway programs (a) In general Except as otherwise provided in this subtitle, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under divisions A and E of MAP–21 ( Public Law 112–141 ), the SAFETEA–LU Technical Corrections Act of 2008 ( Public Law 110–244 ), titles I, V, and VI of SAFETEA–LU (Public Law 109–59), titles I and V of the Transportation Equity Act for the 21st Century ( Public Law 105–178 ), the National Highway System Designation Act of 1995 ( Public Law 104–59 ), titles I and VI of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ), and title 23, United States Code (excluding chapter 4 of that title), that would otherwise expire on or cease to apply after September 30, 2014, are incorporated by reference and shall continue in effect through the Part-Year Extension Period. (b) Authorization of appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the Part-Year Extension Period a sum equal to— (1) the total amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for programs, projects, and activities for fiscal year 2014 under divisions A and E of MAP–21 and title 23, United States Code (excluding chapter 4 of that title); multiplied by (2) the Part-Year Ratio. (c) Use of funds (1) In general Except as otherwise expressly provided in this title, funds authorized to be appropriated under subsection (b) for the Part-Year Extension Period shall be distributed, administered, limited, and made available for obligation in the same manner and in the same amounts (as calculated using the Part-Year Ratio) as the funds authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2014 to carry out programs, projects, activities, eligibilities, and requirements under— (A) MAP–21 ( Public Law 112–141 ); (B) the SAFETEA–LU Technical Corrections Act of 2008 ( Public Law 110–244 ); (C) SAFETEA–LU ( Public Law 109–59 ); (D) the Transportation Equity Act for the 21st Century ( Public Law 105–178 ); (E) the National Highway System Designation Act of 1995 ( Public Law 104–59 ); (F) the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ); and (G) title 23, United States Code (excluding chapter 4 of that title). (2) Contract authority Funds authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) under this section shall be— (A) available for obligation and shall be administered in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; and (B) for the Part-Year Extension Period, except as provided in paragraph (3)(B), subject to the limitation on obligations for Federal-aid highways and highway safety construction programs for fiscal year 2015 in paragraph (3)(A) or an Act making appropriations for fiscal year 2015 or a portion of that fiscal year. (3) Obligation ceiling (A) In general In the absence of an Act making appropriations for fiscal year 2015 or a portion of that fiscal year— (i) the annual limitation on obligations for Federal-aid highway and highway safety construction programs for fiscal year 2015 shall be equal to that of fiscal year 2014; and (ii) the limitation on obligations shall be distributed and funding shall be exempt from the limitation on obligations in the same manner as for fiscal year 2014 (B) Application during part-year extension period (i) Limitation on obligations During the Part-Year Extension Period, obligations subject to the limitation described in paragraph (2)(B) shall not exceed— (I) the annual limitation on obligations imposed under that paragraph; multiplied by (II) the Part-Year Ratio. (ii) Exempt NHPP funds During the Part-Year Extension Period, the amount of funds under section 119 of title 23, United States Code, that is exempt from the limitation on obligations imposed under paragraph (2)(B) shall be— (I) $639,000,000; multiplied by (II) the Part-Year Ratio. (C) Calculations for distribution of obligation limitation The Secretary of Transportation shall, as necessary for purposes of making the calculations for the distribution of any obligation limitation during the Part-Year Extension Period— (i) annualize the amount of contract authority provided under this Act for Federal-aid highways and highway safety construction programs; and (ii) multiply the resulting distribution of obligation limitation by either the Part-Year Ratio or the pro rata for the period of an Act making appropriations for a portion of fiscal year 2015, whichever is applicable. B Extension of highway safety programs 1101. Extension of National Highway Traffic Safety Administration highway safety programs (a) In general Except as otherwise provided in this section, requirements, authorities, conditions, and other provisions authorized under subtitle A of title I of division C of MAP–21 ( Public Law 112–141 ), section 2009 of SAFETEA–LU ( 23 U.S.C. 402 note; Public Law 109–59 ), and chapter 4 of title 23, United States Code, that would otherwise expire on or cease to apply after September 30, 2014, are incorporated by reference and shall continue in effect through the Part-Year Extension Period. (b) Authorization of appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the Part-Year Extension Period a sum equal to— (1) the total amount authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for programs, projects, and activities for fiscal year 2014 under subtitle A of title I of division C of MAP–21 ( Public Law 112–141 ), section 2009 of SAFETEA–LU ( 23 U.S.C. 402 note; Public Law 109–59 ), and chapter 4 of title 23, United States Code; multiplied by (2) the Part-Year Ratio. (c) Use of funds Funds authorized to appropriated or made available for obligation under the authority of this section shall be distributed, administered, and made available for obligation in the same manner and at the same rate as funds authorized to be appropriated or made available for fiscal year 2014 to carry out programs, projects and activities under— (1) subtitle A of title I of division C of MAP–21 ( Public Law 112–141 ); (2) section 2009 of SAFETEA–LU ( 23 U.S.C. 402 note; Public Law 109–59 ); and (3) chapter 4 of title 23, United States Code. (d) Contract authority Section 31101(c) of MAP–21 (126 Stat. 733) is amended by striking fiscal years 2013 and 2014 and inserting fiscal years 2013, 2014, and 2015 . (e) Law enforcement campaigns Section 2009(a) of SAFETEA–LU ( 23 U.S.C. 402 note; Public Law 109–59 ) is amended by striking fiscal years 2013 and 2014 each place it appears and inserting fiscal years 2013, 2014, and 2015 . 1102. Extension of Federal Motor Carrier Safety Administration programs (a) Extension of programs Except as otherwise provided in this section, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under title II of division C of MAP–21 ( Public Law 112–141 ), title IV of SAFETEA–LU (Public Law 109–59), and part B of subtitle VI of title 49, United States Code, that would otherwise expire on or cease to apply after September 30, 2014, are incorporated by reference and shall continue in effect through the Part-Year Extension Period. (b) Authorization of appropriations There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the period beginning October 1, 2014, and ending on the Part-Year Funding Date, a sum equal to— (1) the total amount authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for programs, projects, and activities for fiscal year 2014 under title II of division C of MAP–21 ( Public Law 112–141 ), title IV of SAFETEA–LU (Public Law 109–59), and part B of subtitle VI of title 49, United States Code; multiplied by (2) the Part-Year Ratio. (c) Contract authority Funds authorized to be appropriated under this section shall be available for obligation and shall be administered in the same manner as if the funds were authorized by section 4101 of SAFETEA–LU ( Public Law 109–59 ) and amendments made by that section, as amended by section 32603 of MAP–21 ( Public Law 112–141 ), or authorized by section 31104 of title 49, United States Code. (d) Use of funds Funds authorized to be appropriated or made available for obligation and expended under the authority of this section shall be distributed, administered, limited, and made available for obligation in the same manner and at the same rate as funds authorized to be appropriated or made available for fiscal year 2014 to carry out programs, projects, activities, eligibilities, and requirements under— (1) title II of division C of MAP–21 ( Public Law 112–141 ); (2) title IV of SAFETEA–LU ( Public Law 109–59 ); and (3) part B of subtitle VI of title 49, United States Code. 1103. Dingell-Johnson Sport Fish Restoration Act Section 4 of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777c ) is amended— (1) in subsection (a) in the matter preceding paragraph (1) by striking 2014 and inserting 2015 ; and (2) in subsection (b)(1)(A) in the first sentence by striking 2014 and inserting 2015 . C Public transportation programs 1201. Public transportation programs continuation (a) Extension for public transportation programs Except as otherwise provided in this section, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under division B of MAP–21 ( Public Law 112–141 ) and chapter 53 of title 49, United States Code, that would otherwise expire on or cease to apply after September 30, 2014, are incorporated by reference and shall continue in effect through the Part-Year Extension Period. (b) Authorization of appropriations (1) Mass transit account There shall be available from the Mass Transit Account of the Highway Trust Fund for the Part-Year Extension Period, a sum equal to— (A) the total amount authorized to be appropriated out of the Mass Transit Account of the Highway Trust Fund for programs, projects, and activities for fiscal year 2014 authorized under division B of MAP–21 ( Public Law 112–141 ) and under chapter 53 of title 49, United States Code; multiplied by (B) the Part-Year Ratio. (2) General fund There is authorized to be appropriated from the general fund of the Treasury for the period beginning October 1, 2014, and ending on the Part-Year Funding Date, a sum equal to— (A) the total amount authorized to be appropriated from the general fund of the Treasury for programs, projects, and activities for fiscal year 2014 under division B of MAP–21 ( Public Law 112–141 ) and under chapter 53 of title 49, United States Code; multiplied by (B) the Part-Year Ratio. (c) Contract authority Funds made available under this section from the Mass Transit Account of the Highway Trust Fund shall be available for obligation in the same manner as set forth in section 5338(j)(1) of title 49, United States Code. (d) Use of funds Funds authorized to appropriated or made available for obligation and expended under the authority of this section shall be distributed, administered, limited, and made available for obligation in the same manner and at the same rate as funds authorized to be appropriated or made available for fiscal year 2014 to carry out programs, projects, activities, eligibilities, and requirements under division B of MAP–21 ( Public Law 112–141 ) and chapter 53 of title 49, United States Code. (e) Distribution of funds under division b of MAP–21 Funds authorized to be appropriated or made available for programs continued under this section shall be distributed to those programs in the same proportion as funds were allocated for those programs for fiscal year 2014. D Hazardous materials 1301. Extension of hazardous materials programs (a) Extension of programs Except as otherwise provided in this section, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under title III of division C of MAP–21 ( Public Law 112–141 ) and chapter 51 of title 49, United States Code, that would otherwise expire on or cease to apply after September 30, 2014, are incorporated by reference and shall continue in effect through the Part-Year Extension Period. (b) Authorization of appropriations There is authorized to be appropriated from the general fund of the Treasury and the Hazardous Materials Emergency Preparedness Fund established under section 5116(i) of title 49, United States Code, for the period beginning October 1, 2014, and ending on the Part-Year Funding Date, an amount equal to— (1) the total amount authorized to be appropriated from the general fund of the Treasury and the Hazardous Materials Emergency Preparedness Fund for programs, projects, and activities for fiscal year 2014 under title III of division C of MAP–21 ( Public Law 112–141 ) and chapter 51 of title 49, United States Code; multiplied by (2) the Part-Year Ratio. (c) Use of funds Funds authorized to be appropriated or made available for obligation and expended under the authority of this section shall be distributed, administered, limited, and made available for obligation in the same manner and at the same rate as funds authorized to be appropriated or made available for fiscal year 2014 to carry out programs, projects, activities, eligibilities, and requirements under title III of division C of MAP–21 ( Public Law 112–141 ) and chapter 51 of title 49, United States Code. II Revenue Provisions 2001. Extension of Highway Trust Fund expenditure authority (a) Highway Trust Fund Section 9503 of the Internal Revenue Code of 1986 is amended— (1) by striking October 1, 2014 in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting December 20, 2014 , and (2) by striking MAP–21 in subsections (c)(1) and (e)(3) and inserting Highway and Transportation Funding Act of 2014 . (b) Sport Fish Restoration and Boating Trust Fund Section 9504 of the Internal Revenue Code of 1986 is amended— (1) by striking MAP–21 each place it appears in subsection (b)(2) and inserting Highway and Transportation Funding Act of 2014 , and (2) by striking October 1, 2014 in subsection (d)(2) and inserting December 20, 2014 . (c) Leaking Underground Storage Tank Trust Fund Paragraph (2) of section 9508(e) of the Internal Revenue Code of 1986 is amended by striking October 1, 2014 and inserting December 20, 2014 . 2002. Funding of Highway Trust Fund (a) In general Subsection (f) of section 9503 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (5) as paragraph (7) and by inserting after paragraph (4) the following new paragraphs: (A) $5,633,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and (B) $1,500,000,000 to the Mass Transit Account in the Highway Trust Fund. (6) Additional increase in fund balance There is hereby transferred to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under section 9508(c)(3). . (b) Appropriation from Leaking Underground Storage Tank Trust Fund (1) In general Subsection (c) of section 9508 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Additional transfer to Highway Trust Fund Out of amounts in the Leaking Underground Storage Tank Trust Fund there is hereby appropriated $1,000,000,000 to be transferred under section 9503(f)(6) to the Highway Account (as defined in section 9503(e)(5)(B)) in the Highway Trust Fund. . (2) Conforming amendment Section 9508(c)(1) of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and inserting paragraphs (2) and (3) . 2003. Additional information on returns relating to mortgage interest (a) In general Paragraph (2) of section 6050H(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (C), by redesignating subparagraph (D) as subparagraph (I), and by inserting after subparagraph (C) the following new subparagraphs: (D) the unpaid balance with respect to such mortgage at the close of the calendar year, (E) the address of the property securing such mortgage, (F) information with respect to whether the mortgage is a refinancing that occurred in such calendar year, (G) the amount of real estate taxes paid from an escrow account with respect to the property securing such mortgage, (H) the date of the origination of such mortgage, and . (b) Payee statements Subsection (d) of section 6050H of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting , and , and by inserting after paragraph (2) the following new paragraph: (3) the information required to be included on the return under subparagraphs (D), (E), (F), (G) and (H) of subsection (b)(2). . (c) Effective date The amendments made by this section shall apply to returns and statements the due date for which (determined without regard to extensions) is after December 31, 2015. 2004. Penalty for failure to meet due diligence requirements for the child tax credit (a) In general Section 6695 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Failure To be diligent in determining eligibility for child tax credit Any person who is a tax return preparer with respect to any return or claim for refund who fails to comply with due diligence requirements imposed by the Secretary by regulations with respect to determining eligibility for, or the amount of, the credit allowable by section 24 shall pay a penalty of $500 for each such failure. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2014. 2005. Clarification of 6-year statute of limitations in case of overstatement of basis (a) In general Subparagraph (B) of section 6501(e)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: (ii) An understatement of gross income by reason of an overstatement of unrecovered cost or other basis is an omission from gross income; and , (2) by inserting (other than in the case of an overstatement of unrecovered cost or other basis) in clause (iii) (as so redesignated) after In determining the amount omitted from gross income , and (3) by inserting amount omitted from after Determination of in the heading thereof. (b) Effective date The amendments made by this section shall apply to— (1) returns filed after the date of the enactment of this Act, and (2) returns filed on or before such date if the period specified in section 6501 of the Internal Revenue Code of 1986 (determined without regard to such amendments) for assessment of the taxes with respect to which such return relates has not expired as of such date. 2006. 100 percent continuous levy on payment to medicare providers and suppliers (a) In general Paragraph (3) of section 6331(h) of the Internal Revenue Code of 1986 is amended by striking the period at the end and inserting , or to a Medicare provider or supplier under title XVIII of the Social Security Act. . (b) Effective date The amendment made by this section shall apply to payments made on or after the date which is 6 months after the date of the enactment of this Act. 2007. Modification of tax exemption requirements for mutual ditch or irrigation companies (a) In general Paragraph (12) of section 501(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (I) Treatment of mutual ditch irrigation companies (i) In general In the case of a mutual ditch or irrigation company or of a like organization to a mutual ditch or irrigation company, subparagraph (A) shall be applied without taking into account any income received or accrued— (I) from the sale, lease, or exchange of fee or other interests in real property, including interests in water, (II) from the sale or exchange of stock in a mutual ditch or irrigation company (or in a like organization to a mutual ditch or irrigation company) or contract rights for the delivery or use of water, or (III) from the investment of proceeds from sales, leases, or exchanges under subclauses (I) and (II), except that any income received under subclause (I), (II), or (III) which is distributed or expended for expenses (other than for operations, maintenance, and capital improvements) of the mutual ditch or irrigation company or of the like organization to a mutual ditch or irrigation company (as the case may be) shall be treated as nonmember income in the year in which it is distributed or expended. For purposes of the preceding sentence, expenses (other than for operations, maintenance, and capital improvements) include expenses for the construction of conveyances designed to deliver water outside of the system of the mutual ditch or irrigation company or of the like organization. (ii) Treatment of organizational governance In the case of a mutual ditch or irrigation company or of a like organization to a mutual ditch or irrigation company, where State law provides that such a company or organization may be organized in a manner that permits voting on a basis which is pro rata to share ownership on corporate governance matters, subparagraph (A) shall be applied without taking into account whether its member shareholders have one vote on corporate governance matters per share held in the corporation. Nothing in this clause shall be construed to create any inference about the requirements of this subsection for companies or organizations not included in this clause. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. 2008. Equalization of excise tax on liquefied natural gas and liquefied petroleum gas (a) Liquefied petroleum gas (1) In general Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: (ii) in the case of liquefied petroleum gas, 18.3 cents per energy equivalent of a gallon of gasoline, and . (2) Energy equivalent of a gallon of gasoline Paragraph (2) of section 4041(a) of such Code is amended by adding at the end the following: (C) Energy equivalent of a gallon of gasoline For purposes of this paragraph, the term energy equivalent of a gallon of gasoline means, with respect to a liquefied petroleum gas fuel, the amount of such fuel having a Btu content of 115,400 (lower heating value). . (b) Liquefied natural gas (1) In general Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986, as amended by subsection (a)(1), is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and ' and by inserting after clause (iii) the following new clause: (iv) in the case of liquefied natural gas, 24.3 cents per energy equivalent of a gallon of diesel. . (2) Energy equivalent of a gallon of diesel Paragraph (2) of section 4041(a) of such Code, as amended by subsection (a)(2), is amended by adding at the end the following: (D) Energy equivalent of a gallon of diesel For purposes of this paragraph, the term energy equivalent of a gallon of diesel means, with respect to a liquefied natural gas fuel, the amount of such fuel having a Btu content of 128,700 (lower heating value). . (3) Conforming amendments Section 4041(a)(2)(B)(iv) of the Internal Revenue Code of 1986, as redesignated by subsection (a)(1) and paragraph (1), is amended— (A) by striking liquefied natural gas, , and (B) by striking peat), and and inserting peat) and . (c) Effective Date The amendments made by this section shall apply to any sale or use of fuel after September 30, 2014. 2009. Extension of customs user fees Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— (1) in subparagraph (A), by striking September 30, 2023 and inserting January 7, 2024 , and (2) in subparagraph (B)(i), by striking September 30, 2023 and inserting January 7, 2024 . III Budgetary provisions 301. Treatment for PAYGO purposes (a) Paygo scorecard The budgetary effects of this Act and the amendments made by this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(d) ). (b) Senate paygo scorecard The budgetary effects of this Act and the amendments made by this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).
Secretary
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https://www.govinfo.gov/content/pkg/BILLS-113hr5021eas/xml/BILLS-113hr5021eas.xml
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113-hr-5022
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I 113th CONGRESS 2d Session H. R. 5022 IN THE HOUSE OF REPRESENTATIVES July 8, 2014 Mr. Vargas introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve dental health care for veterans, and for other purposes.
1. Short title This Act may be cited as the Enhanced Dental Care for Veterans Act of 2014 . 2. Restorative dental services for veterans Section 1710(c) of title 38, United States Code, is amended— (1) in the second sentence— (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting (1) after (c) ; (3) by striking The Secretary and inserting the following: (2) The Secretary ; and (4) by adding at the end the following new paragraph: (3) In addition to the dental services, treatment, and appliances authorized to be furnished by paragraph (2), the Secretary may furnish dental services and treatment, and dental appliances, needed to restore functioning in a veteran that is lost as a result of any services or treatment furnished under this subsection. . 3. Pilot program on expansion of furnishing of dental care to all enrolled veterans (a) Pilot program required Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of furnishing dental care to veterans enrolled in the system of patient enrollment under section 1705 of title 38, United States Code, who are not eligible for dental services and treatment, and related dental appliances, under current authorities. (b) Duration of pilot program The pilot program shall be carried out during the three-year period beginning on the date of the commencement of the pilot program. (c) Locations (1) In general The Secretary shall carry out the pilot program at not fewer than 16 locations as follows: (A) Four Department of Veterans Affairs medical centers with an established dental clinic. (B) Four Department medical centers with a current contract for the furnishing of dental care. (C) Four Community-Based Outpatient Clinics (CBOCs) with space available for the furnishing of services and treatment under the pilot program. (D) Four facilities selected from among Federally Qualified Health Centers (FQHCs) and Indian Health Service facilities with established dental clinics, of which— (i) at least one facility shall be such an Indian Health Service facility; and (ii) any Indian Health Service facility so selected shall be selected in consultation with the Secretary of Health and Human Services. (2) Considerations In selecting locations for the pilot program, the Secretary shall consider the feasibility and advisability of selecting locations in each of the following: (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 Census. (d) Scope of services The dental services and treatment furnished to veterans under the pilot program shall be consistent with the dental services and treatment furnished by the Secretary to veterans with service-connected disabilities rated 100 percent disabling under the laws administered by the Secretary. (e) Voluntary participation The participation of a veteran in the pilot program shall be at the election of the veteran. (f) Limitation on amount of services (1) In general Except as provided in paragraph (3), the total amount the Secretary may expend furnishing dental services and treatment to any veteran participating in the pilot program during any one-year period may not exceed such amount as the Secretary determines appropriate. The amount so determined may not be less than $1,000. (2) Consultation The Secretary shall make the determination under paragraph (1)— (A) in consultation with the Director of the Indian Health Service; and (B) in consultation with the Director of the Centers for Medicare and Medicaid Services if one or more Federally Qualified Health Centers is selected as a location for the pilot program under subsection (c)(1)(D). (3) Services in excess of limitation amount The total amount expended by the Secretary in furnishing dental services and treatment to a particular veteran participating in the pilot program during a one-year period may exceed the amount determined under paragraph (1) if the Secretary determines, before furnishing such services and treatment, based on an examination of the veteran by a dentist participating in the pilot program that the furnishing of such services and treatment is necessary. Any determination under this paragraph shall be made on a case-by-case basis. (g) Copayments The Secretary may collect copayments for dental services and treatment furnished under the pilot program in accordance with authorities on the collection of copayments for medical care of veterans under chapter 17 of title 38, United States Code. (h) Program administration (1) Notice to covered veterans on pilot program In carrying out the pilot program, the Secretary shall inform all veterans eligible to participate in the pilot program of the services and treatment available under the pilot program. (2) Contracts In carrying out the pilot program, the Secretary may enter into contracts with appropriate entities for the provision of dental services and treatment under the pilot program. Each such contract shall specify performance standards and metrics and processes for ensuring compliance of the contractor concerned with such performance standards. (i) Reports (1) Preliminary reports (A) In general Not later than each of one year and three years after the date of the commencement of the pilot 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 pilot program. (B) Contents Each report under subparagraph (A) shall include the following: (i) A description of the implementation and operation of the pilot program. (ii) The number of veterans receiving services and treatment under the pilot program, and a description of the dental services and treatment furnished to such veterans. (iii) An analysis of the costs and benefits of the pilot program, including a comparison of costs and benefits by location type. (iv) The current findings and conclusions of the Secretary with respect to the pilot program. (v) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. (2) Final report (A) In general Not later than 180 days after the completion of the pilot 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 pilot program. (B) Contents The report under subparagraph (A) shall include the following: (i) The findings and conclusions of the Secretary with respect to the pilot program. (ii) Such recommendations for the continuation or expansion of the pilot program as the Secretary considers appropriate. 4. Program on education to promote dental health in veterans (a) Program required (1) In general The Secretary of Veterans Affairs shall carry out a program of education to promote dental health for veterans who are enrolled in the system of patient enrollment of the Department of Veterans Affairs under section 1705 of title 38, United States Code. (2) Construction Nothing in the program shall be deemed to alter or revise the eligibility of any veteran for dental care under the laws administered by the Secretary. (b) Elements The program required by subsection (a) shall provide education for veterans on the following: (1) The association between dental health and overall health and well-being. (2) Proper techniques for dental care. (3) Signs and symptoms of commonly occurring dental issues, including caries. (4) Treatment options for commonly occurring dental issues. (5) Options for obtaining access to dental care, including information on eligibility for dental care through the Department and on purchasing private dental insurance. (6) Options for obtaining low or no-cost dental care, including through dental schools and Federally Qualified Health Centers. (7) Such other matters relating to dental health as the Secretary considers appropriate. (c) Delivery of educational materials (1) In general The Secretary shall provide educational materials to veterans under the program required by subsection (a) through a variety of mechanisms, including the following: (A) The availability and distribution of print materials at Department facilities, including medical centers, clinics, Vet Centers, and readjustment counseling centers. (B) The availability and distribution of materials over the Internet, including through webinars and My HealtheVet. (C) Presentations of information, including both small group and large group presentations. (2) Selection of mechanisms In selecting mechanisms for purposes of this subsection, the Secretary shall select mechanisms designed to maximize the number of veterans who receive education under the program. 5. Information on dental services for inclusion in electronic medical records under dental insurance pilot program (a) In general Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall expand the dental insurance pilot program established by section 17.169 of title 38, Code of Federal Regulations, to establish a mechanism by which private sector dental care providers may forward to the Department of Veterans Affairs information on dental care furnished to individuals under the pilot program for inclusion in the electronic medical records of the Department with respect to such individuals. (b) Construction with current pilot program requirements (1) In general Nothing in this section shall be construed to revise eligibility for participation in, or the locations of, the pilot program referred to in subsection (a). (2) Duration The Secretary may continue the pilot program for two years in addition to the duration otherwise provided for the pilot program in section 17.169 of title 38, Code of Federal Regulations, if the Secretary determines that the continuation is needed to assess the mechanism required by subsection (a). (3) Voluntary participation in mechanism The participation in the mechanism required by subsection (a) of an individual otherwise participating in the pilot program shall be at the election of the individual. (c) Inclusion of information on mechanism in reports Each report to Congress on the pilot program after the date of the commencement of the mechanism required by subsection (a) shall include information on the mechanism, including a current assessment of the feasibility and advisability of using the mechanism to include information on dental care furnished to individuals in the electronic medical records of the Department with respect to such individuals.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5022ih/xml/BILLS-113hr5022ih.xml
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113-hr-5023
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I 113th CONGRESS 2d Session H. R. 5023 IN THE HOUSE OF REPRESENTATIVES July 8, 2014 Mr. Brooks of Alabama (for himself and Mr. Owens ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide additional points to competitive service entrance exam of preference eligibles applying for positions at the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Veterans’ Assistance to Lower Unemployment and Enhance VA Services Act or the VALUES Act . 2. Additional competitive service entrance exam points for preference eligibles applying for positions at the Department of Veterans Affairs (a) In general Section 3309 of title 5, United States Code, is amended— (1) by striking A preference eligible and inserting (a) A preference eligible ; and (2) by adding at the end the following: (b) Notwithstanding the requirements of subsection (a), any preference eligible who receives a passing grade in an examination for entrance into the competitive service at a position within the Department of Veterans Affairs is entitled to additional points above his earned rating, as follows: (1) A preference eligible under section 2108(3)(C)–(G) of this title—15 points. (2) A preference eligible under section 2108(3)(A)–(B) of this title—10 points. . (b) Application The amendment made by subsection (a) shall apply with respect to any examination for entrance into the competitive service at the Department of Veterans Affairs taken on or after the date of enactment of this section.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5023ih/xml/BILLS-113hr5023ih.xml
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113-hr-5024
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I 113th CONGRESS 2d Session H. R. 5024 IN THE HOUSE OF REPRESENTATIVES July 8, 2014 Mrs. Lowey (for herself, Ms. Schakowsky , Ms. Moore , Ms. Kaptur , Ms. DeLauro , Mr. Grijalva , Ms. Kuster , Ms. Schwartz , and Mr. McDermott ) 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 credit prospectively individuals serving as caregivers of dependent relatives with deemed wages for up to five years of such service.
1. Short title This Act may be cited as the Social Security Caregiver Credit Act of 2014 . 2. Findings Congress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) The 2013 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds concluded that the combined Trust Funds will be able to pay scheduled benefits in full until 2033. (4) While there is no immediate crisis, policy options should be considered to extend OASDI solvency, including by eradicating the gender wage gap, increasing overall employment, or increasing the minimum wage. 3. Deemed wages for caregivers of dependent relatives Title II of the Social Security Act is amended by adding after section 234 ( 42 U.S.C. 434 ) the following new section: 235. Deemed wages for caregivers of dependent relatives (a) Definitions For purposes of this section— (1) The term qualifying month means, in connection with an individual, a month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. Such term does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner) who is under the age of 12, or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a parent, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)), and (ii) without the assistance described in clause (i), could not perform such activities of daily living. (B) The activities of daily living referred to in subparagraph (A) are the following: (i) Eating. (ii) Bathing. (iii) Dressing. (iv) Toileting. (v) Transferring in and out of a bed or in and out of a chair. (b) Deemed Wages of Caregiver (1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2014, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the average amount of wages and self-employment income otherwise credited to individuals for such month under this title; and (ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. (c) Identification Requirements A qualifying month shall not be taken into account under this section with respect to an individual unless such individual provides the Commissioner of Social Security with the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month, and other information as the Commissioner may require to verify the status of the dependent relative, on whatever application may be required to obtain benefits under this section. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5024ih/xml/BILLS-113hr5024ih.xml
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113-hr-5025
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I 113th CONGRESS 2d Session H. R. 5025 IN THE HOUSE OF REPRESENTATIVES July 8, 2014 Mrs. Lowey introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend chapter 1 of title 23, United States Code, to condition the receipt of certain highway funding by States on the enactment and enforcement by States of certain laws to prevent repeat intoxicated driving.
1. Short title This Act may be cited as the Alisa’s Law of 2014 . 2. Use of ignition interlock devices to prevent repeat intoxicated driving (a) In general Chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Use of ignition interlock devices to prevent repeat intoxicated driving (a) Definitions In this section: (1) Alcohol concentration The term alcohol concentration means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (2) Driving while intoxicated; driving under the influence The terms driving while intoxicated and driving under the influence mean driving or being in actual physical control of a motor vehicle in a State while having a blood alcohol concentration that is greater than or equal to the lesser of— (A) the blood alcohol concentration limit of the State in which the individual is driving; and (B) 0.08 percent. (3) Ignition interlock device The term ignition interlock device means an in-vehicle device that— (A) requires a driver to provide a breath sample prior to the motor vehicle starting; and (B) prevents a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. (4) Motor vehicle (A) In general The term motor vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. (B) Exclusions The term motor vehicle does not include— (i) a vehicle operated solely on a rail line; or (ii) a commercial vehicle. (b) Laws requiring ignition interlock devices A State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. (c) Withholding of funds for noncompliance (1) Fiscal year 2015 On October 1, 2014, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). (2) Fiscal year 2016 On October 1, 2015, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). (3) Fiscal year 2017 and thereafter On October 1, 2016, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). (d) Period of availability of withheld funds; effect of compliance and noncompliance (1) Period of availability of withheld funds Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. (2) Apportionment of withheld funds after compliance If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. (3) Period of availability of subsequently apportioned funds Any funds apportioned pursuant to paragraph (2)— (A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and (B) if not apportioned at the end of that period, shall lapse. (4) Effect of noncompliance If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse. . (b) Conforming amendment The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Use of ignition interlock devices to prevent repeat intoxicated driving. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5025ih/xml/BILLS-113hr5025ih.xml
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113-hr-5026
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I 113th CONGRESS 2d Session H. R. 5026 IN THE HOUSE OF REPRESENTATIVES July 8, 2014 Mr. Gosar (for himself, Mr. Collins of Georgia , Mr. Crawford , Mr. Roe of Tennessee , Mr. Cramer , and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit closing or repurposing any propagation fish hatchery or aquatic species propagation program of the Department of the Interior unless such action is expressly authorized by an Act of Congress, and for other purposes.
1. Short title This Act may be cited as the Fish Hatchery Protection Act . 2. Prohibition on closing propagation fish hatcheries or repurposing priorities for propagation programs (a) Prohibition The Secretary of the Interior may not permanently close, reprogram, repurpose, decommission, significantly alter, or move to caretaker status any fish and other aquatic species propagation hatchery or propagation program within the National Fish Hatchery System of the Department of the Interior unless such action is expressly authorized by an Act of Congress. (b) Effective period This section shall be effective during the period beginning November 1, 2013, and ending upon the expiration of the 10-year period beginning on the date of the enactment of this Act.
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113-hr-5027
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I 113th CONGRESS 2d Session H. R. 5027 IN THE HOUSE OF REPRESENTATIVES July 8, 2014 Mrs. Blackburn (for herself and Mr. Schrader ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To promote energy savings in residential and commercial buildings and industry, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Energy Savings and Building Efficiency Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Title I—Buildings Subtitle A—Building energy codes Sec. 101. Greater energy efficiency in building codes. Subtitle B—Worker training and capacity building Sec. 111. Building training and assessment centers. Title II—Miscellaneous Sec. 201. Voluntary nature of building asset rating program. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Energy. I Buildings A Building energy codes 101. Greater energy efficiency in building codes (a) Definitions Section 303 of the Energy Conservation and Production Act ( 42 U.S.C. 6832 ) is amended— (1) by striking paragraph (14) and inserting the following: (14) Model building energy code The term model building energy code means a voluntary building energy code or standard developed and updated through a consensus process among interested persons, such as the IECC or ASHRAE Standard 90.1 or the code used by other appropriate organizations. ; and (2) by adding at the end the following: (17) IECC The term IECC means the International Energy Conservation Code as published by the International Code Council. (18) ASHRAE standard 90.1 The term ASHRAE Standard 90.1 means the American Society of Heating, Refrigerating and Air Conditioning Engineers ANSI/ASHRAE/IESNA Standard 90/1 Energy Standard for Buildings Except Low-Rise Residential Buildings. (19) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (20) Simple payback The term simple payback means the time in years that is required for energy savings to exceed the incremental first cost of a new requirement or code. (21) Technically feasible The term technically feasible means capable of being achieved, based on widely available appliances/equipment, technologies, materials, and construction practices. . (b) State building energy efficiency codes Section 304 of the Energy Conservation and Production Act ( 42 U.S.C. 6833 ) is amended to read as follows: 304. Updating State building energy efficiency codes (a) In general The Secretary shall provide technical assistance, as described in subsection (f), for the purposes of— (1) implementation of building energy codes by States, Indian tribes, and, as appropriate, by local governments that are technically feasible and cost-effective; and (2) supporting full compliance with the State and local codes. (b) State and Indian tribe certification of building energy code updates (1) Review and updating of codes by each State and Indian tribe (A) In general Not later than 3 years after the date on which a model building energy code is published, each State or Indian tribe shall certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively. (B) Demonstration The certification shall include a statement of whether or not the energy savings for the code provisions that are in effect throughout the State or Indian tribal territory meet or exceed— (i) the energy savings of the most recently published model building energy code; or (ii) the targets established under section 307(b)(2). (C) No model building energy code update If a model building energy code is not updated by a target date established under section 307(b)(2)(D), each State or Indian tribe shall, not later than 3 years after the specified date, certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively, to meet or exceed the target in section 307(b)(2). (2) Validation by Secretary Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall— (A) determine whether the code provisions of the State or Indian tribe, respectively, meet the criteria specified in paragraph (1); (B) determine whether the certification submitted by the State or Indian tribe, respectively is complete; and (C) if the requirements of subparagraph (B) are satisfied, validate the certification. (3) Limitation Nothing in this section shall be interpreted to require a State or Indian tribe to adopt any building code or provision within a code. (c) Improvements in compliance with building energy codes (1) Requirement (A) In general Not later than 3 years after the date of a certification under subsection (b), each State and Indian tribe shall certify whether or not the State and Indian tribe, respectively, has— (i) achieved full compliance under paragraph (3) with the applicable certified State and Indian tribe building energy code or with the associated model building energy code; or (ii) made significant progress under paragraph (4) toward achieving compliance with the applicable certified State and Indian tribe building energy code or with the associated model building energy code. (B) Repeat certifications If the State or Indian tribe certifies progress toward achieving compliance, the State or Indian tribe shall repeat the certification until the State or Indian tribe certifies that the State or Indian tribe has achieved full compliance, respectively. (2) Measurement of compliance A certification under paragraph (1) shall include documentation of the rate of compliance based on— (A) inspections of a random sample of the buildings covered by the code in the preceding year; or (B) an alternative method that yields an accurate measure of compliance. (3) Achievement of compliance A State or Indian tribe shall be considered to achieve full compliance under paragraph (1) if— (A) at least 90 percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph (1), or achieves equivalent or greater energy savings level; or (B) the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph (1) in the preceding year, compared to a baseline of comparable buildings that meet this code, is not more than 5 percent of the estimated energy use of all buildings covered by this code during the preceding year. (4) Significant progress toward achievement of compliance A State or Indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph (1) if the State or Indian tribe— (A) has developed and is implementing a plan for achieving compliance during the 8-year period beginning on the date of enactment of this paragraph, including annual targets for compliance and active training and enforcement programs; and (B) has met the most recent target under subparagraph (A). (5) Validation by Secretary Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall— (A) determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including accurate measurement of compliance; (B) determine whether the certification submitted by the State or Indian tribe is complete; and (C) if the requirements of subparagraph (B) are satisfied, validate the certification. (6) Limitation Nothing in this section shall be interpreted to require a State or Indian tribe to adopt any building code or provision within a code. (d) States or Indian tribes that do not achieve compliance (1) Reporting A State or Indian tribe that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification. (2) State sovereignty Nothing in this section shall be interpreted to require a State or Indian tribe to adopt any building code or provision within a code. (3) Local government In any State or Indian tribe for which the Secretary has not validated a certification under subsection (b) or (c), a local government may be eligible for Federal support by meeting the certification requirements of subsections (b) and (c). (4) Annual reports by Secretary (A) In general The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on— (i) the status of model building energy codes; (ii) the status of code adoption and compliance in the States and Indian tribes; (iii) implementation of this section; and (iv) improvements in energy savings over time as a result of the targets established under section 307(b)(2). (B) Impacts The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on— (i) upfront financial and construction costs, cost benefits and returns (using a return on investment analysis), and lifetime energy use for buildings; (ii) resulting energy costs to individuals and businesses; and (iii) resulting overall annual building ownership and operating costs. (e) Technical assistance to States and Indian tribes The Secretary shall provide technical assistance to States and Indian tribes to implement the goals and requirements of this section, including procedures and technical analysis for States and Indian tribes— (1) to implement State residential and commercial building energy codes; and (2) to document the rate of compliance with a building energy code. (f) Technical assistance to States and Indian Tribes (1) In general The Secretary shall, upon request, provide technical assistance to States and Indian tribes to implement the goals and requirements of this section— (A) to implement State residential and commercial building energy codes; and (B) to document the rate of compliance with a building energy code. (2) Technical assistance The assistance shall include, as requested by the State or Indian tribe, technical assistance in— (A) evaluating the energy savings of building energy codes; (B) assessing the economic considerations, referenced in section 307(b)(4), of implementing building energy codes; (C) building energy analysis and design tools; (D) energy simulation models; (E) building demonstrations; (F) developing the definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes; and (G) complying with a performance-based pathway referenced in the model code. (3) Exclusion For purposes of this section, technical assistance shall not include actions that advocate, promote, or discourage the adoption of a particular building energy code, code provision, or energy savings target to a State or Indian tribe. (4) Information quality and transparency For purposes of this section, information provided by the Secretary, attendant to any technical assistance provided to a State or Indian tribe, is influential information and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (Feb. 22, 2002). (g) Federal support (1) In general The Secretary shall provide support to States and Indian tribes— (A) to implement the reporting requirements of this section; and (B) to implement residential and commercial building energy codes, including increasing and verifying compliance with the codes and training of State, tribal, and local building code officials to implement and enforce the codes. (2) Exclusion Support shall not be given to support adoption and implementation of model building energy codes for which the Secretary has made a determination under section 307(d)(1)(C), that the code is not cost-effective. (3) Training Support shall be offered to States, to train State and local building code officials to implement and enforce codes described in paragraph (2). (4) Local governments States may work under this subsection with local governments that implement and enforce the codes. (h) Voluntary programs To exceed model building energy code (1) In general The Secretary shall provide technical assistance, as described in subsection (f), for the development of voluntary programs that exceed the model building energy codes for residential and commercial buildings for use as— (A) voluntary incentive programs adopted by local, tribal, or State governments; and (B) non-binding guidelines for energy-efficient building design. (2) Targets The voluntary programs described in paragraph (1) shall be designed— (A) to achieve substantial energy savings compared to the model building energy codes; and (B) to meet targets under section 307(b), if available, up to 3 to 6 years in advance of the target years. (i) Studies (1) GAO study (A) The Comptroller General of the United States shall conduct a study of the impacts of updating the national model building energy codes for residential and commercial buildings. In conducting the study, the Comptroller General shall consider and report, at a minimum— (i) the actual energy consumption savings stemming from updated energy codes compared to the energy consumption savings predicted during code development; (ii) the actual consumer cost savings stemming from updated energy codes compared to predicted consumer cost savings; and (iii) an accounting of expenditures of the Federal funds under each program authorized by the title or by amendments made by this title. (B) Report to congress Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives including the study findings and conclusions. (2) Feasibility study The Secretary, in consultation with building science experts from the National Laboratories and institutions of higher education, designers and builders of energy-efficient residential and commercial buildings, code officials, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of— (A) code improvements that would require that buildings be designed, sited, and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction, as advances are achieved in energy-saving technologies; (B) code procedures to incorporate a ten-year payback, not just first-year energy use, in trade-offs and performance calculations; and (C) legislative options for increasing energy savings from building energy codes, including additional incentives for effective State and local verification of compliance with and enforcement of a code. (3) Energy data in multi-tenant buildings The Secretary, in consultation with appropriate representatives of the utility, utility regulatory, building ownership, and other stakeholders, shall— (A) undertake a study of best practices regarding delivery of aggregated energy consumption information to owners and managers of residential and commercial buildings with multiple tenants and uses; and (B) consider the development of a memorandum of understanding between and among affected stakeholders to reduce barriers to the delivery of aggregated energy consumption information to such owners and managers. (j) Effect on other laws Nothing in this section or section 307 supersedes or modifies the application of sections 321 through 346 of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.). (k) Funding limitations No Federal funds shall be used to support actions by the Secretary, or States, to advocate, promote, or discourage the adoption of a particular building energy code, code provision, or energy saving target to a State or Indian tribe; or be provided to private third parties or non-governmental organizations that engage in this type of advocacy. . (c) Federal building energy efficiency standards Section 305 of the Energy Conservation and Production Act ( 42 U.S.C. 6834 ) is amended by striking voluntary building energy code each place it appears in subsections (a)(2)(B) and (b) and inserting model building energy code . (d) Model building energy codes Section 307 of the Energy Conservation and Production Act ( 42 U.S.C. 6836 ) is amended to read as follows: 307. Support for model building energy codes (a) In general The Secretary shall provide technical assistance, as described in subsection (c), for updating of model building energy codes. (b) Targets (1) In general The Secretary shall provide technical assistance, for updating the model building energy codes. (2) Targets (A) In general The Secretary shall provide technical assistance, to States, Indian tribes, local governments, nationally recognized code and standards developers, and other interested parties for updating of model building energy codes by establishing one or more aggregate energy savings targets through rulemaking in accordance with section 553 of title 5, United States Code, to achieve the purposes of this section. (B) Separate targets Separate targets may be established for commercial and residential buildings. (C) Baselines The baseline for updating model building energy codes shall be the 2009 IECC for residential buildings and ASHRAE Standard 90.1–2010 for commercial buildings. (D) Specific years (i) In general Targets for specific years shall be established and revised by the Secretary through rulemaking in accordance with section 553 of title 5, United States Code, and coordinated with nationally recognized code and standards developers at a level that— (I) is at the maximum level of energy efficiency that is technically feasible and cost effective, while accounting for the economic considerations under paragraph (4); and (II) promotes the achievement of commercial and residential high performance buildings through high performance energy efficiency (within the meaning of section 401 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17061 )). (ii) Initial targets Not later than 1 year after the date of enactment of this clause, the Secretary shall establish initial targets under this subparagraph. (iii) Different target years Subject to clause (i), prior to the applicable year, the Secretary may set a later target year for any of the model building energy codes described in subparagraph (A) if the Secretary determines that a target cannot be met. (E) Small business When establishing targets under this paragraph through rulemaking, the Secretary shall ensure compliance with the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note; Public Law 104–121 ) for any indirect economic effect on small entities that is reasonably foreseeable and a result of such rule. (3) Appliance standards and other factors affecting building energy use In establishing energy savings targets under paragraph (2), the Secretary shall develop and adjust the targets in recognition of potential savings and costs relating to— (A) efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing; (B) advancement of distributed generation and on-site renewable power generation technologies; (C) equipment improvements for heating, cooling, ventilation systems and water heating systems; (D) building management systems and SmartGrid technologies to reduce energy use; and (E) other technologies, practices, and building systems regarding building plug load and other energy uses. In developing and adjusting the targets, the Secretary shall use climate zone weighted averages for equipment efficiency for heating, cooling, ventilation systems and water heating systems, using equipment that is actually installed. (4) Economic considerations In establishing and revising energy savings targets under paragraph (2), the Secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners, by conducting a return on investment analysis, using a simple payback methodology over a 3-, 5-, and 7-year period. The Secretary shall not propose or provide technical or financial assistance for any code, provision in the code, or energy target, or amendment thereto that has a payback greater than 10 years. (c) Technical assistance to model building energy code-Setting and standard development organizations (1) In general The Secretary shall, on a timely basis, provide technical assistance to modelment organizations consistent to implement the goals of this section. (2) Technical assistance The assistance shall include, as requested by the organizations, technical assistance in— (A) evaluating the energy savings of building energy codes; (B) assessing the economic considerations, under subsection (b)(4), of code or standards proposals or revisions; (C) building energy analysis and design tools; (D) energy simulation models; (E) building demonstrations; (F) developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes; (G) developing a performance-based pathway for compliance; and (H) developing model building energy codes by Indian tribes in accordance with tribal law. (3) Exclusion For purposes of this section, technical assistance shall not include actions that advocate, promote, or discourage the adoption of a particular building energy code, code provision, or energy savings target. (4) Information quality and transparency For purposes of this section, information provided by the Secretary, attendant to development of any energy savings targets, is influential information and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (Feb. 22, 2002). (d) Amendment proposals (1) In general The Secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standard development organizations, with supporting evidence, sufficient to enable the model building energy codes to meet the targets established under subsection (b)(2). (2) Process and factors Amendment proposals submitted by the Secretary shall follow rulemaking in accordance with section 553 of title 5, United States Code, and the factors and standards set forth in subsections (b)(2)(E), (b)(3), and (b)(4). Information provided by the Secretary, attendant to submission of any amendment proposals, is influential information , and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (Feb. 22, 2002). When calculating the costs and benefits of an amendment, the Secretary shall use climate zone weighted averages for equipment efficiency for heating, cooling, ventilation systems and water heating systems, using equipment that is actually installed. (e) Analysis methodology The Secretary shall make publicly available the entire calculation methodology (including input assumptions and data) used by the Secretary to estimate the energy savings of code or standard proposals and revisions. (f) Methodology development The Secretary shall establish a methodology for evaluating cost-effectiveness of energy code changes in multifamily buildings that incorporates economic parameters representative of typical multifamily buildings. (g) Determination (1) Revision of model building energy codes If the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary shall make a preliminary determination not later than 90 days after the date of the revision, and a final determination not later than 15 months after the date of the revision, on whether or not the revision— (A) improves energy efficiency in buildings compared to the existing model building energy code; (B) meets the applicable targets under subsection (b)(2); and (C) is technically feasible and cost-effective. (2) Codes or standards not meeting criteria (A) In general If the Secretary makes a preliminary determination under paragraph (1)(B) that a code or standard does not meet the targets established under subsection (b)(2), is not technically feasible, or is not cost-effective, the Secretary may at the same time provide technical assistance, as described in subsection (c), to the model building energy code or standard developer, with proposed changes that would result in a model building energy code that meets the criteria and with supporting evidence. Proposed changes submitted by the Secretary shall follow rulemaking in accordance with section 553 of title 5, United States Code, and the factors and standards set forth in subsections (b)(2)(E), (b)(3), and (b)(4). Information provided by the Secretary, attendant to submission of any amendment proposals, is influential information , and shall satisfy the guidelines established by the Office of Management and Budget and published at 67 Federal Register 8,452 (Feb. 22, 2002). (B) Incorporation of changes (i) In general On receipt of the technical assistance, as described in subsection (c), the model building energy code or standard developer shall have an additional 270 days to accept or reject the proposed changes of the Secretary the model building energy code or standard for the Secretary to make a final determination. (ii) Final determination A final determination under paragraph (1) shall be on the modified model building energy code or standard. (h) Administration In carrying out this section, the Secretary shall— (1) publish notice of targets, amendment proposals and supporting analysis and determinations under this section in the Federal Register to provide an explanation of and the basis for such actions, including any supporting modeling, data, assumptions, protocols, and cost benefit analysis, including return on investment; and (2) provide an opportunity for public comment on targets, amendment proposals and supporting analysis and determinations under this section, in accordance with section 553 of title 5, United States Code. (i) Voluntary codes and standards Not withstanding any other provision of this section, any model building code or standard established under this section shall not be binding on a State, local government, or Indian tribe as a matter of Federal law. . B Worker training and capacity building 111. Building training and assessment centers The Secretary shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) and Tribal Colleges or Universities (as defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to establish building training and assessment centers— (1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings; (2) to promote the application of emerging concepts and technologies in commercial and institutional buildings; and (3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation. II Miscellaneous 201. Voluntary nature of building asset rating program (a) In general Any program of the Secretary that may enable the owner of a commercial building or a residential building to obtain a rating, score, or label regarding the actual or anticipated energy usage or performance of a building shall be made available on a voluntary, optional, and market-driven basis. (b) Disclaimer as to regulatory intent Information disseminated by the Secretary regarding the program described in subsection (a), including any information made available by the Secretary on a website, shall include language plainly stating that such program is not developed or intended to be the basis for a regulatory program by a Federal, State, local, or municipal government body.
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113-hr-5028
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I 113th CONGRESS 2d Session H. R. 5028 IN THE HOUSE OF REPRESENTATIVES July 8, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish grant programs to provide for the establishment of a national hate crime hotline and a hate crime information and assistance website, to provide training and education to local law enforcement to prevent hate crimes, and to provide assistance to victims of hate crimes.
1. Short title This Act may be cited as the National Hate Crimes Hotline Act of 2014 . 2. Findings Congress makes the following findings: (1) Nationwide, the number of hate groups in the United States has increased by 67 percent since 2000 according to the Southern Poverty Law Center. (2) According to the Federal Bureau of Investigation, 57 percent of offenses based on perceived ethnicity or national origin stemmed from anti-Latino bias. (3) Between 2003 through 2006 and 2007 through 2011 the percentage of hate crimes motivated by religious bias more than doubled from 10 percent to 21 percent. (4) Violent hate crime increased more than 30 percent as a proportion of all nonfatal violent crime, from 3 percent in 2003 through 2006 to 4 percent in 2007 through 2011. (5) In New York State— (A) hate crimes grew 30 percent between 2011 and 2012; (B) 26 percent of all hate crimes reported were due to an individual’s sexual orientation or perceived sexual orientation in 2012; (C) anti-Black hate crimes made up 25 percent of reported hate crimes against people in 2012; and (D) 22 percent of total hate crimes were anti-Jewish, while almost 65 percent of all property hate crimes were anti-Jewish in 2012. (6) According to the Bureau of Justice Statistics, an average of more than 250,000 people a year are victims of hate crimes. 3. National Hate Crime Hotline and hate crime information and assistance website (a) In general The Attorney General may award one or more grants to private, nonprofit entities— (1) to provide for the establishment and operation of a national, toll-free telephone hotline to provide information and assistance to victims of hate crimes (hereafter in this section referred to as the national hate crime hotline ); and (2) to provide for the establishment and operation of a highly secure Internet website to provide that information and assistance to such victims (hereafter in this section referred to as the hate crime information and assistance website ). (b) Duration A grant under this section may extend over a period of not more than 5 years. (c) Annual Approval The provision of payments under a grant awarded under this section shall be subject to annual approval by the Attorney General and subject to the availability of appropriations for each fiscal year to make the payments. (d) Hotline Activities An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(1) shall use funds made available through the grant to establish and operate a national hate crime hotline. In establishing and operating the hotline, the entity shall— (1) contract with a carrier for the use of a toll-free telephone line; (2) employ, train (including technology training), and supervise personnel to answer incoming calls and provide counseling and referral services to callers on a 24-hour-a-day basis; (3) assemble and maintain a current database of information relating to services for victims of hate crimes to which callers throughout the United States may be referred; (4) publicize the national hate crime hotline to potential users throughout the United States; and (5) be prohibited from asking hotline callers about their citizenship status. (e) Secure Website Activities (1) In general An entity that receives a grant under this section for activities described, in whole or in part, in subsection (a)(2) shall use funds made available through the grant to provide grants for startup and operational costs associated with establishing and operating a hate crime information and assistance website. (2) Availability The hate crime information and assistance website shall be available to the entity operating the national hate crime hotline. (3) Information The hate crime information and assistance website shall provide accurate information that describes the services available to victims of hate crimes, including health care and mental health services, social services, transportation, and other relevant services. (4) Rule of construction Nothing in this section shall be construed to require any shelter or service provider, whether public or private, to be linked to the hate crime information and assistance website or to provide information to the recipient of the grant described in paragraph (1) or to the website. (f) Application The Attorney General may not award a grant under this section unless the Attorney General approves an application for such grant. To be approved by the Attorney General under this subsection an application shall— (1) contain such agreements, assurances, and information, be in such form, and be submitted in such manner, as the Attorney General shall prescribe through notice in the Federal Register; (2) in the case of an application for a grant to carry out activities described in subsection (a)(1), include a complete description of the applicant’s plan for the operation of a national hate crime hotline, including descriptions of— (A) the training program for hotline personnel, including technology training to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline; (B) the hiring criteria for hotline personnel; (C) the methods for the creation, maintenance, and updating of a resource database; (D) a plan for publicizing the availability of the hotline; (E) a plan for providing service to non-English speaking callers, including service through hotline personnel who speak Spanish; and (F) a plan for facilitating access to the hotline by persons with hearing impairments; (3) in the case of an application for a grant to carry out activities described in subsection (a)(2)— (A) include a complete description of the applicant’s plan for the development, operation, maintenance, and updating of information and resources of the hate crime information and assistance website; (B) include a certification that the applicant will implement a high level security system to ensure the confidentiality of the website, taking into consideration the safety of hate crime victims; and (C) include an assurance that, after the third year of the website project, the recipient of the grant will develop a plan to secure other public or private funding resources to ensure the continued operation and maintenance of the website; (4) demonstrate that the applicant has recognized expertise in the area of hate crimes and a record of high quality service to victims of hate crimes, including a demonstration of support from advocacy groups; (5) demonstrate that the applicant has a commitment to diversity, and to the provision of services to ethnic, racial, religious, and non-English speaking minorities, in addition to older individuals, individuals with disabilities, and individuals of various gender, gender identity, and sexual orientation; and (6) contain such other information as the Attorney General may require. (g) Hate crime defined For purposes of this Act, the term hate crime means a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, sexual orientation, perceived sexual identification, or perceived gender identity of any person. (h) Authorization of Appropriations (1) In general There is authorized to be appropriated to carry out this section $3,500,000 for each of fiscal years 2015 through 2019. (2) Website Of the amounts appropriated pursuant to paragraph (1) for a year, not less than 10 percent shall be used for purposes of carrying out subsection (a)(2). (3) Availability Funds authorized to be appropriated under paragraph (1) may remain available until expended. 4. Local law enforcement education and training grant program (a) In general The Attorney General may award grants to eligible State and local law enforcement entities for educational and training programs on solving hate crimes (as defined in section 1(g)) and establishing community dialogues with groups whose members are at-risk of being victims of such hate crimes. (b) Eligibility To be eligible to receive a grant under subsection (a), a State or local law enforcement entity must be in compliance with reporting requirements applicable to such entity pursuant to the Hate Crimes Statistics Act ( 28 U.S.C. 534 note). (c) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2015 and each succeeding fiscal year. 5. Local resources to combat hate crimes grant program (a) In general The Attorney General shall establish a grant program within the Office for Victims of Crime in the Office of Justice Programs, under which the Attorney General may award grants to local community based organizations, nonprofit organizations, and faith-based organizations to establish or expand local programs and activities that serve targeted areas and that provide legal, health (including physical and mental health), and other support services to victims of hate crimes (as defined in section (1)(g)). Grant funds may be used for activities including hiring counselors and providing training, resources, language support services, and information to such victims. (b) Targeted area defined For purposes of this section, the term targeted area means an area with a demonstrated lack of resources, as determined by the Attorney General, for victims of hate crimes. (c) Funding restriction None of the funds from a grant made under this section may be used— (1) by an organization that discriminates against an individual on the basis of religion; or (2) for purposes of promoting religious beliefs or views. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as are necessary for fiscal year 2015 and each succeeding fiscal year.
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113-hr-5029
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I 113th CONGRESS 2d Session H. R. 5029 IN THE HOUSE OF REPRESENTATIVES AN ACT To provide for the establishment of a body to identify and coordinate international science and technology cooperation that can strengthen the domestic science and technology enterprise and support United States foreign policy goals.
1. Short title This Act may be cited as the International Science and Technology Cooperation Act of 2014 . 2. Coordination of international science and technology partnerships (a) Establishment The Director of the Office of Science and Technology Policy shall establish a body under the National Science and Technology Council with the responsibility to identify and coordinate international science and technology cooperation that can strengthen the United States science and technology enterprise, improve economic and national security, and support United States foreign policy goals. (b) NSTC body leadership The body established under subsection (a) shall be co-chaired by senior level officials from the Office of Science and Technology Policy and the Department of State. (c) Responsibilities The body established under subsection (a) shall— (1) coordinate interagency international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies and work with other National Science and Technology Council committees to help plan and coordinate the international component of national science and technology priorities; (2) establish Federal priorities and policies for aligning, as appropriate, international science and technology cooperative research and training activities and partnerships supported or managed by Federal agencies with the foreign policy goals of the United States; (3) identify opportunities for new international science and technology cooperative research and training partnerships that advance both the science and technology and the foreign policy priorities of the United States; (4) in carrying out paragraph (3), solicit input and recommendations from non-Federal science and technology stakeholders, including universities, scientific and professional societies, industry, and relevant organizations and institutions; and (5) identify broad issues that influence the ability of United States scientists and engineers to collaborate with foreign counterparts, including barriers to collaboration and access to scientific information. (d) Report to congress The Director of the Office of Science and Technology Policy shall transmit a report, to be updated annually, to the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives, and to the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate. The report shall also be made available to the public on the reporting agency’s website. The report shall contain a description of— (1) the priorities and policies established under subsection (c)(2); (2) the ongoing and new partnerships established since the last update to the report; (3) the means by which stakeholder input was received, as well as summary views of stakeholder input; and (4) the issues influencing the ability of United States scientists and engineers to collaborate with foreign counterparts.
Passed the House of Representatives July 14, 2014. Karen L. Haas, Clerk.
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113-hr-5030
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I 113th CONGRESS 2d Session H. R. 5030 IN THE HOUSE OF REPRESENTATIVES July 8, 2014 Ms. Ros-Lehtinen (for herself, Mr. Miller of Florida , Mr. Southerland , Mr. Yoho , Mr. Crenshaw , Ms. Brown of Florida , Mr. DeSantis , Mr. Mica , Mr. Posey , Mr. Grayson , Mr. Webster of Florida , Mr. Nugent , Mr. Bilirakis , Mr. Jolly , Ms. Castor of Florida , Mr. Ross , Mr. Buchanan , Mr. Rooney , Mr. Murphy of Florida , Mr. Clawson of Florida , Mr. Hastings of Florida , Mr. Deutch , Ms. Frankel of Florida , Ms. Wasserman Schultz , Ms. Wilson of Florida , Mr. Diaz-Balart , and Mr. Garcia ) 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 13500 SW 250 Street in Princeton, Florida, as the Corporal Christian A. Guzman Rivera Post Office Building .
1. Corporal Christian A. Guzman Rivera Post Office Building (a) Designation The facility of the United States Postal Service located at 13500 SW 250 Street in Princeton, Florida, shall be known and designated as the Corporal Christian A. Guzman Rivera 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 Corporal Christian A. Guzman Rivera Post Office Building .
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113-hr-5031
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I 113th CONGRESS 2d Session H. R. 5031 IN THE HOUSE OF REPRESENTATIVES AN ACT To define STEM education to include computer science, and to support existing STEM education programs at the National Science Foundation.
1. Short title This Act may be cited as the STEM Education Act of 2014 . 2. Definition of STEM education For purposes of carrying out STEM education activities at the National Science Foundation, the Department of Energy, the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, and the Environmental Protection Agency, the term STEM education means education in the subjects of science, technology, engineering, and mathematics, including other academic subjects that build on these disciplines such as computer science. 3. Informal STEM education (a) Grants The Director of the National Science Foundation, through the Directorate for Education and Human Resources, shall continue to award competitive, merit-reviewed grants to support— (1) research and development of innovative out-of-school STEM learning and emerging STEM learning environments in order to improve STEM learning outcomes and engagement in STEM; and (2) research that advances the field of informal STEM education. (b) Uses of funds Activities supported by grants under this section may encompass a single STEM discipline, multiple STEM disciplines, or integrative STEM initiatives and shall include— (1) research and development that improves our understanding of learning and engagement in informal environments, including the role of informal environments in broadening participation in STEM; and (2) design and testing of innovative STEM learning models, programs, and other resources for informal learning environments to improve STEM learning outcomes and increase engagement for K–12 students, K–12 teachers, and the general public, including design and testing of the scalability of models, programs, and other resources. 4. Noyce scholarship program amendments (a) Amendments Section 10A of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–1a ) is amended— (1) in subsection (a)(2)(B), by inserting or bachelor’s after master’s ; (2) in subsection (c)— (A) by striking and at the end of paragraph (2)(B); (B) in paragraph (3)— (i) by inserting for teachers with master’s degrees in their field after Teaching Fellowships ; and (ii) by striking the period at the end of subparagraph (B) and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) in the case of National Science Foundation Master Teaching Fellowships for teachers with bachelor’s degrees in their field and working toward a master’s degree— (A) offering academic courses leading to a master’s degree and leadership training to prepare individuals to become master teachers in elementary and secondary schools; and (B) offering programs both during and after matriculation in the program for which the fellowship is received to enable fellows to become highly effective mathematics and science teachers, including mentoring, training, induction, and professional development activities, to fulfill the service requirements of this section, including the requirements of subsection (e), and to exchange ideas with others in their fields. ; (3) in subsection (e), by striking subsection (g) and inserting subsection (h) ; (4) by redesignating subsections (g) through (i) as subsections (h) through (j), respectively; and (5) by inserting after subsection (f) the following new subsection: (g) Support for Master Teaching Fellows while enrolled in a master’s degree program A National Science Foundation Master Teacher Fellow may receive a maximum of 1 year of fellowship support while enrolled in a master’s degree program as described in subsection (c)(4)(A), except that if such fellow is enrolled in a part-time program, such amount shall be prorated according to the length of the program. . (b) Definition Section 10(i)(5) of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–1(i)(5) ) is amended by inserting computer science, after means a science, .
Passed the House of Representatives July 14, 2014. Karen L. Haas, Clerk.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5031eh/xml/BILLS-113hr5031eh.xml
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113-hr-5032
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I 113th CONGRESS 2d Session H. R. 5032 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Sean Patrick Maloney of New York (for himself, Mr. Mullin , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to develop and publish an action plan for improving the vocational rehabilitation services and assistance provided by the Department of Veterans Affairs.
1. Short title This Act may be cited as the Wounded Warrior Employment Improvement Act . 2. Findings Congress makes the following findings: (1) Despite an improving economy, a recent study indicates that among veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001 (hereinafter referred to as wounded warriors ), the unemployment rate is nearly 17.8 percent. (2) Wounded warriors should receive the tools, skills, education, resources, and support needed to find work and thrive economically. (3) Designed to provide the expert counseling and other services and supports vital to achieving economic empowerment, the vocational rehabilitation and employment program of the Department of Veterans Affairs should be the premier program assisting wounded warriors to realize their economic goals. (4) Only 20 percent of wounded warriors pursuing an education in 2013 chose to pursue vocational rehabilitation, while 54 percent chose to use their entitlement to educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs, thereby foregoing counseling and other supports. (5) Wounded warriors who elect to pursue an education through the Post-9/11 Educational Assistance Program rather than vocational rehabilitation and education report choosing the such program because of its relatively easier, more expeditious application process, and the far greater freedom it affords the veteran to pursue his or her career or educational goals. (6) The Department of Veterans Affairs continues to face challenges with the program’s workload management, particularly with staff and resource allocation models, decentralized program administration, and staff training, resulting in some regional offices struggling with average caseloads as high as 175 per counselor, all of which are affecting the delivery and quality of services to veterans, according to the Government Accountability Office. 3. Vocational rehabilitation and education action plan Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and publish an action plan for improving the services and assistance provided under chapter 31 of title 38, United States Code. Such plan shall include each of the following: (1) A comprehensive analysis of, and recommendations and a proposed implementation plan for remedying workload management challenges at regional offices of the Department of Veterans Affairs, including steps to reduce counselor caseloads of veterans participating in a rehabilitation program under such chapter, particularly for counselors who are assisting veterans with traumatic brain injury and post-traumatic stress disorder and counselors with educational and vocational counseling workloads. (2) A comprehensive analysis of the reasons for the disproportionately low percentage of veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001, who opt to participate in a rehabilitation program under such chapter relative to the percentage of such veterans who use their entitlement to educational assistance under chapter 33 of title 38, United States Code, including an analysis of barriers to timely enrollment in rehabilitation programs under chapter 31 of such title and of any barriers to a veteran enrolling in the program of that veteran’s choice. (3) Recommendations and a proposed implementation plan for encouraging more veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001, to participate in rehabilitation programs under chapter 31 of such title. (4) A national staff training program for vocational rehabilitation counselors of the Department that includes the provision of— (A) training to assist counselors in understanding the very profound disorientation experienced by warriors whose lives and life-plans have been upended and out of their control because of their injury; (B) training to assist counselors in working in partnership with veterans on individual rehabilitation plans; and (C) training on post-traumatic stress disorder and other mental health conditions and on moderate to severe traumatic brain injury that is designed to improve the ability of such counselors to assist veterans with these conditions, including by providing information on the broad spectrum of such conditions and the effect of such conditions on an individual’s abilities and functional limitations.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5032ih/xml/BILLS-113hr5032ih.xml
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113-hr-5033
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I 113th CONGRESS 2d Session H. R. 5033 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mrs. Capps (for herself, Ms. Meng , Mr. Farr , Ms. Tsongas , Mr. Ellison , Mrs. Carolyn B. Maloney of New York , Mr. Nadler , Mr. Grijalva , Mr. Moran , Ms. Slaughter , Ms. DeLauro , Mr. Blumenauer , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ban the use of bisphenol A in food containers, and for other purposes.
1. Short title This Act may be cited as the Ban Poisonous Additives Act of 2014 . 2. Ban on use of bisphenol A in food and beverage containers (a) Treatment of bisphenol A as adulterating the food or beverage (1) In general For purposes of applying section 402(a)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container (which for purposes of this Act includes a beverage container) that is composed, in whole or in part, of bisphenol A, or that can release bisphenol A into food (as defined for purposes of the Federal Food, Drug, and Cosmetic Act), shall be treated as a container described in such section (relating to containers composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health). (2) Applicability (A) Reusable food containers Paragraph (1) shall apply to reusable food containers on the date that is 180 days after the date of enactment of this Act. (B) Other food containers Paragraph (1) shall apply to any food container that is packed with food and is introduced or delivered for introduction into interstate commerce on or after the date that is 180 days after the date of enactment of this Act. (b) Waiver (1) In general The Secretary, after public notice and opportunity for comment, may grant to any facility (as that term is defined in section 415 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350d )) that manufactures, processes, packs, holds, or sells the particular food product or products, a waiver of the treatment described in subsection (a) . (2) Applicability A waiver granted to a facility under paragraph (1) may only be applicable to a certain type of food container or containers, as used for a particular food product or group of similar products containing similar foods. (3) Requirement for waiver The Secretary may only grant a waiver under paragraph (1) to a facility, if such facility— (A) demonstrates that it is not technologically feasible to— (i) replace bisphenol A in the certain type of container or containers for such particular food product or products; or (ii) use an alternative container that does not contain bisphenol A for such particular food product or products; and (B) submits to the Secretary a plan and timeline for removing bisphenol A from such type of container or containers for that food product or products. (4) Labeling (A) In general Any product for which the Secretary grants such a waiver shall display a prominent warning on the label that the container contains bisphenol A that states, bisphenol A (BPA) is a chemical that can leach into food and may harm prenatal development and the health of children and adults . (B) Additional requirement The prominent warning required under subparagraph (A) shall include information to ensure adequate public awareness of potential health effects associated with bisphenol A. (5) Duration (A) Initial waiver Any waiver granted under paragraph (1) to a facility for a food container or containers shall be valid for not longer than 1 year after the date on which subsection (a) is applicable to such food container or containers. (B) Renewal of waiver The Secretary may renew any waiver granted under paragraph (1) for periods of not more than 1 year, provided that the Secretary reaffirms that it is not technologically feasible to replace bisphenol A in such type of container or containers for such particular food product or products or use an alternative container that does not contain bisphenol A for such particular food product or products. (c) Substances used To replace Bisphenol A The Secretary shall, to the extent possible, promote, facilitate, and incentivize the use of safer alternatives to replace bisphenol A, and as such bisphenol A shall not be replaced in food containers with substances that— (1) are known or are likely human carcinogens; (2) have been found by the Environmental Protection Agency to be persistent, bioaccumulative, and toxic; (3) cause reproductive or developmental toxicity; or (4) are endocrine disrupting chemicals. (d) Reexamination of approved food additives, effective food contact substance notifications, and substances that are generally recognized as safe (1) Plan and schedule Not later than 1 year after the date of enactment of this Act, after opportunity for comment, the Secretary, acting through the Commissioner of Food and Drugs shall publish a plan and schedule for the selection of substances under paragraph (2) and the review of substances under paragraph (5) . (2) Selection of substances Not later than 1 year after the date of enactment of this Act and not less than once every 3 years thereafter, the Secretary, acting through the Commissioner of Food and Drugs, shall, based on the factors under paragraph (4) , select substances to review under paragraph (5) . Such selection shall be made from among— (A) substances authorized as a food additive under any regulations issued under section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 ); (B) substances that are the subject of any sanction or approval as described in section 201(s)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(s)(4) ); (C) substances that are the subject of an effective food contact substance notification, as described in section 409(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)); (D) substances that are generally recognized as safe, as listed in part 182 of title 21, Code of Federal Regulations (or any successor regulations); (E) direct food substances affirmed as generally recognized as safe, as listed in part 184 of title 21, Code of Federal Regulations (or any successor regulations); and (F) indirect food substances affirmed as generally recognized as safe, as listed in part 186 of title 21, Code of Federal Regulations (or any successor regulations). (3) Notice and comment The selection of substances under paragraph (2) shall be subject to notice and comment. (4) Priorities In selecting substances under paragraph (2) , the Secretary shall take into consideration the following factors: (A) Whether, based on new scientific information, the Secretary determines that there is a possibility that there is no longer a reasonable certainty that no harm will result from aggregate exposure to such substance through food containers composed, in whole or in part, of such substance, taking into consideration— (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable human populations. (B) Whether, since the introduction of such substance into interstate commerce, there has been a significant increase in the amount of such substance found in— (i) sources of drinking water; or (ii) products that are likely to be used by vulnerable human populations. (C) Whether such substance has been approved by the Food and Drug Administration to be used in the lining of canned food. (5) Review of substances and Secretarial determination (A) In general Not later than 1 year after the date on which a substance is selected under paragraph (2) , the Secretary shall determine whether there is a reasonable certainty that no harm will result from aggregate exposure to such substance, taking into consideration— (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable human populations. (B) Notice and comment The determination made under subparagraph (A) shall be subject to notice and comment. (6) Remedial action (A) In general Upon a determination under paragraph (5) that there is not a reasonable certainty that no harm will result from aggregate exposure to a substance through food containers composed, in whole or in part, of such substance— (i) if the substance is not defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act, the substance shall be subject to subsections (a)(3) and (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)(3) and (h)), subject to the process under subparagraph (B) ; (ii) if the substance is defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), the substance shall be subject to subparagraph (C); and (iii) the Secretary shall, to the extent practicable, promote, facilitate, and incentivize the use of safer alternatives as replacements for such substance. (B) Treatment of substances that are not defined as food contact substances The process under this subparagraph is as follows: (i) One year after the determination under paragraph (5) for a substance subject to the process under this subparagraph— (I) any regulation issued under section 409 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348 ) that authorizes any use of the substance as a food additive (including sections 177.1580, 177.1440, 177.2280, and 175.300(b)(3)(viii) of title 21, Code of Federal Regulations, as in effect on the date of enactment of this Act); and (II) any sanction or approval as described in section 201(s)(4) of such Act ( 21 U.S.C. 321(s)(4) ) regarding such substance, shall be deemed revoked. (ii) Upon receipt of a food contact notification for a food contact substance containing a substance subject to the process under this subparagraph, the Secretary shall review the notification under the authority described in subsections (a)(3) and (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)(3) and (h)). (C) Treatment of substances defined as food contact substances (i) One year after the determination under paragraph (5) for a substance that is subject to this subparagraph, all effective notifications for the use of such substance under the authority described in subsections (a)(3) and (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)(3) and (h)) shall be reviewed by the Secretary. (ii) Upon receipt of a food contact notification for a food contact substance containing a substance that is subject to this subparagraph, the Secretary shall review the notification under the authority described in subsections (a)(3) and (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)(3) and (h)). (e) Savings provision Nothing in this Act shall affect the right of a State, political subdivision of a State, or Indian tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this Act or that— (1) applies to a product category not described in this Act; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A. (f) Definitions For purposes of this section: (1) Endocrine disrupting chemical The term endocrine disrupting chemical means an exogenous agent that causes adverse effects, such as by interfering with the production, release, transport, metabolism, binding, action, or elimination of the natural hormones in the body responsible for the maintenance of homeostasis and the regulation of developmental processes. (2) Reusable food container The term reusable food container means a reusable food container that does not contain a food item when it is introduced or delivered for introduction into interstate commerce. (3) Safer alternative The term safer alternative means an option, that is safer for humans and the environment than the existing chemical or process, including— (A) chemical or process substitution; (B) chemical or process re-formulation or re-design; and (C) chemical or process elimination or phase-out. (4) Secretary The term Secretary means the Secretary of Health and Human Services. (5) Vulnerable human population The term vulnerable human population means a human population that is subject to the potential for disproportionate exposure to, or the potential for disproportionate adverse effect from exposure to, a chemical substance or mixture, including— (A) infants, children, and adolescents; (B) pregnant women; (C) the elderly; (D) individuals with preexisting medical conditions; (E) workers who may be exposed to chemical substances and mixtures; (F) residents in communities subject to disproportionate exposures; and (G) members of any other appropriate population identified by the Secretary. 3. Amendments to section 409 of the Federal Food, Drug, and Cosmetic Act Section 409(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 348(h) ) is amended— (1) in paragraph (1)— (A) by striking manufacturer or supplier of a food contact substance may and inserting manufacturer or supplier of a food contact substance shall ; (B) by inserting (A) after notify the Secretary of ; (C) by striking , and of and inserting ; (B) ; and (D) by striking the period after subsection (c)(3)(A) and inserting ; (C) the determination of the manufacturer or supplier that no adverse health effects result from low-dose exposures to the food contact substance; and (D) the determination of the manufacturer or supplier that the substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals. ; and (2) by striking paragraph (6) and inserting the following: (6) In this section— (A) the term food contact substance means any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if such use is not intended to have any technical effect in such food; and (B) the term reproductive or developmental toxicity means biologically adverse effects on the reproductive systems of female or male humans or animals, or on developing organisms that may result from exposure prior to conception, during prenatal development, or until the time of sexual maturation, that may include female or male reproductive system development, fertility, pregnancy, pregnancy outcomes, or modifications in other functions that are dependent on the integrity of the reproductive system or effects on the developing organism, including death, structural abnormality, altered growth, or functional deficiency. . 4. Report to Congress Not later than 2 years after the date of enactment of this Act and at least once during every 2-year period thereafter, the Secretary shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. Such report shall include— (1) a list of waivers granted under section 2(b)(1), including a description of the basis for each such waiver; (2) a list of substances selected for review under section 2(c)(2) and the anticipated timeline for future selections of additional substances; (3) for each substance reviewed under section 2(c)(5), the outcome of such review, and the anticipated timeline for review of additional substances; (4) a description of all remedial action taken under section 2(c)(6); and (5) for bisphenol A and any other substance determined not to have a reasonable certainty of no harm under section 2(c)(5), a review of the potential alternatives to that substance that are available or being developed for use in food and beverage containers.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5033ih/xml/BILLS-113hr5033ih.xml
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113-hr-5034
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I 113th CONGRESS 2d Session H. R. 5034 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Energy and Commerce , Transportation and Infrastructure , Agriculture , Rules , and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide for certain special congressional review procedures for EPA rulemakings.
1. Short title This Act may be cited as the Stop the EPA Act of 2014 . 2. Congressional review of EPA rulemaking Chapter 8 of title 5, United States Code, is amended— (1) by striking the term chapter each place it appears, and inserting subchapter ; (2) by inserting before section 801 the following: A General Procedures ; (3) in section 804— (A) in paragraph (1), by inserting before the period at the end the following: , except that such term shall not include the Environmental Protection Agency ; and (B) in paragraph (3)— (i) in subparagraph (B), by striking the or at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (D) any rule made by the Environmental Protection Agency. ; (4) by inserting after section 808 the following: B Procedures for Rulemaking by the Environmental Protection Agency 811. Congressional review (a) (1) (A) Before a rule made by the Administrator of the Environmental Protection Agency may take effect, the Administrator shall submit to each House of the Congress and to the Comptroller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule; (iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within clauses (i) through (iii) of section 814(2)(A) or within section 814(2)(B); (iv) a list of any other related regulatory actions taken by or that will be taken by the Administrator of the Environmental Protection Agency that are intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; (v) a list of any other related regulatory actions taken by or that will be taken by any other Federal agency with authority to implement the same statutory provision or regulatory objective that are intended to implement such provision or objective, of which the Administrator of the Environmental Protection Agency is aware, as well as the individual and aggregate economic effects of those actions; and (vi) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Administrator of the Environmental Protection Agency shall submit to the Comptroller General and make available to each House of Congress— (i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs; (ii) the Administrator’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title; (iii) the Administrator’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (2) (A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the Administrator’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity. (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 812 or as provided for in the rule following enactment of a joint resolution of approval described in section 812, whichever is later. (4) A nonmajor rule shall take effect as provided by section 813 after submission to Congress under paragraph (1). (5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this subchapter in the same Congress by either the House of Representatives or the Senate. (b) (1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 812. (2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in section 811(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect. (c) (1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 812. (d) (1) In addition to the opportunity for review otherwise provided under this subchapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring— (A) in the case of the Senate, 60 session days, or (B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 812 and 813 shall apply to such rule in the succeeding session of Congress. (2) (A) In applying sections 812 and 813 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register on— (I) in the case of the Senate, the 15th session day, or (II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). 812. Congressional approval procedure for major rules (a) (1) For purposes of this section, the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section 811(a)(1)(A)(iii) that— (A) bears no preamble; (B) bears the following title (with blanks filled as appropriate): Approving the rule submitted by the Environmental Protection Agency relating to ___. ; (C) includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by the Environmental Protection Agency relating to ___. ; and (D) is introduced pursuant to paragraph (2). (2) After a House of Congress receives a report classifying a rule as major pursuant to section 811(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)— (A) in the case of the House of Representatives, within three legislative days; and (B) in the case of the Senate, within three session days. (3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding. (b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued. (c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. (d) (1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. (f) (1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 811(b)(2), then such vote shall be taken on that day. (h) This section and section 813 are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and (2) with full recognition of the Constitutional right of either House to change the rules (so far as they relate 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. 813. Congressional disapproval procedure for nonmajor rules (a) For purposes of this section, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 811(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the nonmajor rule submitted by the Environmental Protection Agency relating to ___ , and such rule shall have no force or effect. (The blank spaces being appropriately filled in). (b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. (c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (d) (1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the Senate the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule— (1) after the expiration of the 60 session days beginning with the applicable submission or publication date, or (2) if the report under section 811(a)(1)(A) was submitted during the period referred to in section 811(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House. 814. Definitions For purposes of this subchapter— (1) The term Federal agency means any agency as that term is defined in section 551(1). (2) The term major rule means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds— (A) has resulted in or is likely to result in— (i) an annual effect on the economy of $50,000,000 or more; (ii) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (iii) 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; (B) is made by the Administrator of the Environmental Protection Agency and that would have a significant impact on a substantial number of agricultural entities, as determined by the Secretary of Agriculture (who shall publish such determination in the Federal Register); or (C) is a rule that implements or provides for the imposition or collection of a carbon tax. (3) The term nonmajor rule means any rule that is not a major rule. (4) The term rule has the meaning given such term in section 551, except that such term does not include any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing. (5) The term submission date or publication date , except as otherwise provided in this subchapter, means— (A) in the case of a major rule, the date on which the Congress receives the report submitted under section 811(a)(1); and (B) in the case of a nonmajor rule, the later of— (i) the date on which the Congress receives the report submitted under section 811(a)(1); and (ii) the date on which the nonmajor rule is published in the Federal Register, if so published. (6) The term agricultural entity means any entity involved in or related to agricultural enterprise, including enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries. (7) The term carbon tax means a fee, levy, or price on— (A) emissions, including carbon dioxide emissions generated by the burning of coal, natural gas, or oil; or (B) coal, natural gas, or oil based on emissions, including carbon dioxide emissions that would be generated through the fuel's combustion. 815. Judicial review (a) No determination, finding, action, or omission under this subchapter shall be subject to judicial review. (b) Notwithstanding subsection (a), a court may determine whether the Administrator of the Environmental Protection Agency has completed the necessary requirements under this subchapter for a rule to take effect. (c) The enactment of a joint resolution of approval under section 812 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect. 816. Effective date of certain rules Notwithstanding section 811— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or (2) any rule other than a major rule which the Administrator of the Environmental Protection Agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Administrator of the Environmental Protection Agency determines. ; and (5) by conforming the table of contents for such chapter accordingly. 3. Budgetary effects of rules subject to section 812 of title 5, United States Code Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: (E) Budgetary effects of rules subject to section 812 of title 5, United States Code Any rules subject to the congressional approval procedure set forth in section 812 of chapter 8 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section. . 4. Transition rule Each major rule (as such term is defined in section 814 of title 5, United States Code) of the Environmental Protection Agency that is in effect as of the date of enactment of this Act shall cease to have effect beginning on the date that is 180 after the date of enactment of this Act, unless the Administrator of the Environmental Protection Agency submits such rule for review under subchapter B of chapter 8 of title 5, United States Code. 5. Government Accountability Office study of rules (a) In general The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act— (1) how many rules (as such term is defined in section 814 of title 5, United States Code) were in effect; (2) how many major rules (as such term is defined in section 814 of title 5, United States Code) were in effect; and (3) the total estimated economic cost imposed by all such rules. (b) Report Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a).
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https://www.govinfo.gov/content/pkg/BILLS-113hr5034ih/xml/BILLS-113hr5034ih.xml
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113-hr-5035
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I 113th CONGRESS 2d Session H. R. 5035 IN THE HOUSE OF REPRESENTATIVES AN ACT To reauthorize the National Institute of Standards and Technology, and for other purposes.
1. Short title This Act may be cited as the NIST Reauthorization Act of 2014 . 2. Authorization of appropriations (a) Fiscal year 2014 (1) In general There are authorized to be appropriated to the Secretary of Commerce $850,000,000 for the National Institute of Standards and Technology for fiscal year 2014. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $651,000,000 shall be for scientific and technical research and services laboratory activities; (B) $56,000,000 shall be for the construction and maintenance of facilities; and (C) $143,000,000 shall be for industrial technology services activities, of which $128,000,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l). (b) Fiscal year 2015 (1) In general There are authorized to be appropriated to the Secretary of Commerce $855,800,000 for the National Institute of Standards and Technology for fiscal year 2015. (2) Specific allocations Of the amount authorized by paragraph (1)— (A) $670,500,000 shall be for scientific and technical research and services laboratory activities; (B) $55,300,000 shall be for the construction and maintenance of facilities; and (C) $130,000,000 shall be for industrial technology services activities, of which $130,000,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l). 3. Standards and conformity assessment Section 2 of the National Institute of Standards and Technology Act ( 15 U.S.C. 272 ) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking authorized to take and inserting authorized to serve as the President’s principal adviser on standards policy pertaining to the Nation’s technological competitiveness and innovation ability and to take ; (B) in paragraph (3), by striking compare standards and all that follows through Federal Government and inserting facilitate standards-related information sharing and cooperation between Federal agencies ; and (C) in paragraph (13), by striking Federal, State, and local and all that follows through private sector and inserting technical standards activities and conformity assessment activities of Federal, State, and local governments with private sector ; and (2) in subsection (c)— (A) in paragraph (21), by striking and after the semicolon; (B) by redesignating paragraph (22) as paragraph (24); and (C) by inserting after paragraph (21) the following: (22) participate in and support scientific and technical conferences; (23) perform pre-competitive measurement science and technology research in partnership with institutions of higher education and industry to promote United States industrial competitiveness; and . 4. Visiting Committee on Advanced Technology Section 10 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278 ) is amended— (1) in subsection (a)— (A) by striking 15 members and inserting not fewer than 11 members ; (B) by striking at least 10 and inserting at least two-thirds ; and (C) by adding at the end the following: The Committee may consult with the National Research Council in making recommendations regarding general policy for the Institute. ; and (2) in subsection (h)(1), by striking , including the Program established under section 28, . 5. Police and security authority Section 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278e ) is amended— (1) by striking of the Government; and and inserting of the Government; ; and (2) by striking United States Code. and inserting United States Code; and (i) for the protection of Institute buildings and other plant facilities, equipment, and property, and of employees, associates, visitors, or other persons located therein or associated therewith, notwithstanding any other provision of law. . 6. Education and outreach The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq. ) is amended by striking sections 18, 19, and 19A and inserting the following: 18. Education and outreach (a) In general The Director may support, promote, and coordinate activities and efforts to enhance public awareness and understanding of measurement sciences, standards, and technology by the general public, industry, and academia in support of the Institute’s mission. (b) Research fellowships (1) In general The Director may award research fellowships and other forms of financial and logistical assistance, including direct stipend awards, to— (A) students at institutions of higher education within the United States who show promise as present or future contributors to the mission of the Institute; and (B) United States citizens for research and technical activities of the Institute. (2) Selection The Director shall select persons to receive such fellowships and assistance on the basis of ability and of the relevance of the proposed work to the mission and programs of the Institute. (3) Definition For the purposes of this subsection, financial and logistical assistance includes, notwithstanding section 1345 of title 31, United States Code, or any contrary provision of law, temporary housing and local transportation to and from the Institute facilities. (c) Post-Doctoral fellowship program The Director shall establish and conduct a post-doctoral fellowship program, subject to the availability of appropriations, that shall include not fewer than 20 fellows per fiscal year. In evaluating applications for fellowships under this subsection, the Director shall give consideration to the goal of promoting the participation of underrepresented students in research areas supported by the Institute. . 7. Programmatic planning report Section 23(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278i(d) ) is amended by adding at the end the following: The 3-year programmatic planning document shall also describe how the Director is addressing recommendations from the Visiting Committee on Advanced Technology established under section 10. . 8. Assessments by the National Research Council (a) National Academy of Sciences review Not later than 6 months after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall enter into a contract with the National Academy of Sciences to conduct a single, comprehensive review of the Institute’s laboratory programs. The review shall— (1) assess the technical merits and scientific caliber of the research conducted at the laboratories; (2) examine the strengths and weaknesses of the 2010 laboratory reorganization on the Institute’s ability to fulfill its mission; (3) evaluate how cross-cutting research and development activities are planned, coordinated, and executed across the laboratories; and (4) assess how the laboratories are engaging industry, including the incorporation of industry need, into the research goals and objectives of the Institute. (b) Additional assessments Section 24 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278j ) is amended to read as follows: 24. Assessments by the National Research Council (a) In general The Institute shall contract with the National Research Council to perform and report on assessments of the technical quality and impact of the work conducted at Institute laboratories. (b) Schedule Two laboratories shall be assessed under subsection (a) each year, and each laboratory shall be assessed at least once every 3 years. (c) Summary report Beginning in the year after the first assessment is conducted under subsection (a), and once every two years thereafter, the Institute shall contract with the National Research Council to prepare a report that summarizes the findings common across the individual assessment reports. (d) Additional assessments The Institute, at the discretion of the Director, also may contract with the National Research Council to conduct additional assessments of Institute programs and projects that involve collaboration across the Institute laboratories and centers and assessments of selected scientific and technical topics. (e) Consultation with Visiting Committee on Advanced Technology The National Research Council may consult with the Visiting Committee on Advanced Technology established under section 10 in performing the assessments under this section. (f) Reports Not later than 30 days after the completion of each assessment, the Institute shall transmit the report on such assessment to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. . 9. Hollings Manufacturing Extension Partnership Section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ) is amended to read as follows: 25. Hollings Manufacturing Extension Partnership (a) Establishment and purpose (1) In general The Secretary, through the Director and, if appropriate, through other officials, shall provide assistance for the creation and support of manufacturing extension centers, to be known as the Hollings Manufacturing Extension Centers , for the transfer of manufacturing technology and best business practices (in this Act referred to as the Centers ). The program under this section shall be known as the Hollings Manufacturing Extension Partnership . (2) Affiliations Such Centers shall be affiliated with any United States-based public or nonprofit institution or organization, or group thereof, that applies for and is awarded financial assistance under this section. (3) Objective The objective of the Centers is to enhance competitiveness, productivity, and technological performance in United States manufacturing through— (A) the transfer of manufacturing technology and techniques developed at the Institute to Centers and, through them, to manufacturing companies throughout the United States; (B) the participation of individuals from industry, institutions of higher education, State governments, other Federal agencies, and, when appropriate, the Institute in cooperative technology transfer activities; (C) efforts to make new manufacturing technology and processes usable by United States-based small and medium-sized companies; (D) the active dissemination of scientific, engineering, technical, and management information about manufacturing to industrial firms, including small and medium-sized manufacturing companies; (E) the utilization, when appropriate, of the expertise and capability that exists in Federal laboratories other than the Institute; (F) the provision to community colleges and area career and technical education schools of information about the job skills needed in small and medium-sized manufacturing businesses in the regions they serve; and (G) promoting and expanding certification systems offered through industry, associations, and local colleges, when appropriate. (b) Activities The activities of the Centers shall include— (1) the establishment of automated manufacturing systems and other advanced production technologies, based on Institute-supported research, for the purpose of demonstrations and technology transfer; (2) the active transfer and dissemination of research findings and Center expertise to a wide range of companies and enterprises, particularly small and medium-sized manufacturers; and (3) the facilitation of collaborations and partnerships between small and medium-sized manufacturing companies and community colleges and area career and technical education schools to help such colleges and schools better understand the specific needs of manufacturers and to help manufacturers better understand the skill sets that students learn in the programs offered by such colleges and schools. (c) Operations (1) Financial support The Secretary may provide financial support to any Center created under subsection (a). The Secretary may not provide to a Center more than 50 percent of the capital and annual operating and maintenance funds required to create and maintain such Center. (2) Regulations The Secretary shall implement, review, and update the sections of the Code of Federal Regulations related to this section at least once every 3 years. (3) Application (A) In general Any nonprofit institution, or consortium thereof, or State or local government, may submit to the Secretary an application for financial support under this section, in accordance with the procedures established by the Secretary. (B) Cost sharing In order to receive assistance under this section, an applicant for financial assistance under subparagraph (A) shall provide adequate assurances that non-Federal assets obtained from the applicant and the applicant’s partnering organizations will be used as a funding source to meet not less than 50 percent of the costs incurred. For purposes of the preceding sentence, the costs incurred means the costs incurred in connection with the activities undertaken to improve the competitiveness, management, productivity, and technological performance of small and medium-sized manufacturing companies. (C) Agreements with other entities In meeting the 50 percent requirement, it is anticipated that a Center will enter into agreements with other entities such as private industry, institutions of higher education, and State governments to accomplish programmatic objectives and access new and existing resources that will further the impact of the Federal investment made on behalf of small and medium-sized manufacturing companies. (D) Legal rights Each applicant under subparagraph (A) shall also submit a proposal for the allocation of the legal rights associated with any invention which may result from the proposed Center’s activities. (4) Merit review The Secretary shall subject each such application to merit review. In making a decision whether to approve such application and provide financial support under this section, the Secretary shall consider, at a minimum, the following: (A) The merits of the application, particularly those portions of the application regarding technology transfer, training and education, and adaptation of manufacturing technologies to the needs of particular industrial sectors. (B) The quality of service to be provided. (C) Geographical diversity and extent of service area. (D) The percentage of funding and amount of in-kind commitment from other sources. (5) Evaluation (A) In general Each Center that receives financial assistance under this section shall be evaluated during its third year of operation by an evaluation panel appointed by the Secretary. (B) Composition Each such evaluation panel shall be composed of private experts, none of whom shall be connected with the involved Center, and Federal officials. (C) Chair An official of the Institute shall chair the panel. (D) Performance measurement Each evaluation panel shall measure the involved Center’s performance against the objectives specified in this section. (E) Positive evaluation If the evaluation is positive, the Secretary may provide continued funding through the sixth year. (F) Probation The Secretary shall not provide funding unless the Center has received a positive evaluation. A Center that has not received a positive evaluation by the evaluation panel shall be notified by the panel of the deficiencies in its performance and shall be placed on probation for one year, after which time the panel shall reevaluate the Center. If the Center has not addressed the deficiencies identified by the panel, or shown a significant improvement in its performance, the Director shall conduct a new competition to select an operator for the Center or may close the Center. (G) Additional financial support After the sixth year, a Center may receive additional financial support under this section if it has received a positive evaluation through an independent review, under procedures established by the Institute. (H) Eight-year review A Center shall undergo an independent review in the 8th year of operation. Each evaluation panel shall measure the Center’s performance against the objectives specified in this section. A Center that has not received a positive evaluation as a result of an independent review shall be notified by the Program of the deficiencies in its performance and shall be placed on probation for one year, after which time the Program shall reevaluate the Center. If the Center has not addressed the deficiencies identified by the review, or shown a significant improvement in its performance, the Director shall conduct a new competition to select an operator for the Center or may close the Center. (I) Recompetition If a recipient of a Center award has received financial assistance for 10 consecutive years, the Director shall conduct a new competition to select an operator for the Center consistent with the plan required in this Act. Incumbent Center operators in good standing shall be eligible to compete for the new award. (J) Reports (i) Plan Not later than 180 days after the date of enactment of the NIST Reauthorization Act of 2014 , the Director shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan as to how the Institute will conduct reviews, assessments, and reapplication competitions under this paragraph. (ii) Independent assessment The Director shall contract with an independent organization to perform an assessment of the implementation of the reapplication competition process under this paragraph within 3 years after the transmittal of the report under clause (i). The organization conducting the assessment under this clause may consult with the MEP Advisory Board. (iii) Comparison of centers Not later than 2 years after the date of enactment of the NIST Reauthorization Act of 2014 , the Director shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report providing information on the first and second years of operations for centers operating from new competitions or recompetition as compared to longstanding centers. The report shall provide detail on the engagement in services provided by Centers and the characteristics of services provided, including volume and type of services, so that the Committees can evaluate whether the cost-sharing ratio has an effect on the services provided at Centers. (6) Patent rights The provisions of chapter 18 of title 35, United States Code, shall apply, to the extent not inconsistent with this section, to the promotion of technology from research by Centers under this section except for contracts for such specific technology extension or transfer services as may be specified by statute or by the Director. (7) Protection of Center client confidential information Section 552 of title 5, United States Code, shall apply to the following information obtained by the Federal Government on a confidential basis in connection with the activities of any participant involved in the Hollings Manufacturing Extension Partnership: (A) Information on the business operation of any participant in a Hollings Manufacturing Extension Partnership program or of a client of a Center. (B) Trade secrets possessed by any client of a Center. (8) Advisory boards Each Center’s advisory boards shall institute a conflict of interest policy, approved by the Director, that ensures the Board represents local small and medium-sized manufacturers in the Center’s region. Board Members may not serve as a vendor or provide services to the Center, nor may they serve on more than one Center’s oversight board simultaneously. (d) Acceptance of funds (1) In general In addition to such sums as may be appropriated to the Secretary and Director to operate the Hollings Manufacturing Extension Partnership, the Secretary and Director also may accept funds from other Federal departments and agencies and, under section 2(c)(7), from the private sector for the purpose of strengthening United States manufacturing. (2) Allocation of funds (A) Funds accepted from other Federal departments or agencies The Director shall determine whether funds accepted from other Federal departments or agencies shall be counted in the calculation of the Federal share of capital and annual operating and maintenance costs under subsection (c). (B) Funds accepted from the private sector Funds accepted from the private sector under section 2(c)(7), if allocated to a Center, may not be considered in the calculation of the Federal share under subsection (c) of this section. (e) MEP Advisory Board (1) Establishment There is established within the Institute a Manufacturing Extension Partnership Advisory Board (in this subsection referred to as the MEP Advisory Board ). (2) Membership (A) In general The MEP Advisory Board shall consist of not fewer than 10 members broadly representative of stakeholders, to be appointed by the Director. At least 2 members shall be employed by or on an advisory board for the Centers, at least 1 member shall represent a community college, and at least 5 other members shall be from United States small businesses in the manufacturing sector. No member shall be an employee of the Federal Government. (B) Term Except as provided in subparagraph (C) or (D), the term of office of each member of the MEP Advisory Board shall be 3 years. (C) Vacancies Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (D) Serving consecutive terms Any person who has completed two consecutive full terms of service on the MEP Advisory Board shall thereafter be ineligible for appointment during the one-year period following the expiration of the second such term. (3) Meetings The MEP Advisory Board shall meet not less than 2 times annually and shall provide to the Director— (A) advice on Hollings Manufacturing Extension Partnership programs, plans, and policies; (B) assessments of the soundness of Hollings Manufacturing Extension Partnership plans and strategies; and (C) assessments of current performance against Hollings Manufacturing Extension Partnership program plans. (4) Federal Advisory Committee Act applicability (A) In general In discharging its duties under this subsection, the MEP Advisory Board shall function solely in an advisory capacity, in accordance with the Federal Advisory Committee Act. (B) Exception Section 14 of the Federal Advisory Committee Act shall not apply to the MEP Advisory Board. (5) Report The MEP Advisory Board shall transmit an annual report to the Secretary for transmittal to Congress within 30 days after the submission to Congress of the President’s annual budget request in each year. Such report shall address the status of the program established pursuant to this section and comment on the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) and (d) of section 23. (f) Competitive Grant Program (1) Establishment The Director shall establish, within the Hollings Manufacturing Extension Partnership, under this section and section 26, a program of competitive awards among participants described in paragraph (2) for the purposes described in paragraph (3). (2) Participants Participants receiving awards under this subsection shall be the Centers, or a consortium of such Centers. (3) Purpose The purpose of the program under this subsection is to add capabilities to the Hollings Manufacturing Extension Partnership, including the development of projects to solve new or emerging manufacturing problems as determined by the Director, in consultation with the Director of the Hollings Manufacturing Extension Partnership program, the MEP Advisory Board, and small and medium-sized manufacturers. One or more themes for the competition may be identified, which may vary from year to year, depending on the needs of manufacturers and the success of previous competitions. Centers may be reimbursed for costs incurred under the program. (4) Applications Applications for awards under this subsection shall be submitted in such manner, at such time, and containing such information as the Director shall require, in consultation with the MEP Advisory Board. (5) Selection Awards under this subsection shall be peer reviewed and competitively awarded. The Director shall endeavor to have broad geographic diversity among selected proposals. The Director shall select proposals to receive awards that will— (A) improve the competitiveness of industries in the region in which the Center or Centers are located; (B) create jobs or train newly hired employees; and (C) promote the transfer and commercialization of research and technology from institutions of higher education, national laboratories, and nonprofit research institutes. (6) Program contribution Recipients of awards under this subsection shall not be required to provide a matching contribution. (7) Global marketplace projects In making awards under this subsection, the Director, in consultation with the MEP Advisory Board and the Secretary, may take into consideration whether an application has significant potential for enhancing the competitiveness of small and medium-sized United States manufacturers in the global marketplace. (8) Duration Awards under this subsection shall last no longer than 3 years. (g) Evaluation of obstacles unique to small manufacturers The Director shall— (1) evaluate obstacles that are unique to small manufacturers that prevent such manufacturers from effectively competing in the global market; (2) implement a comprehensive plan to train the Centers to address such obstacles; and (3) facilitate improved communication between the Centers to assist such manufacturers in implementing appropriate, targeted solutions to such obstacles. (h) Definitions In this section— (1) the term area career and technical education school has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 ( 20 U.S.C. 2302 ); and (2) the term community college means an institution of higher education (as defined under section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) at which the highest degree that is predominately awarded to students is an associate’s degree. . 10. Elimination of obsolete reports (a) Enterprise integration standardization and implementation activities report Section 3 of the Enterprise Integration Act of 2002 ( 15 U.S.C. 278g–5 ) is amended— (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (b) TIP Reports Section 28 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278n ) is amended— (1) by striking subsection (g); and (2) in subsection (k), by striking paragraph (5). 11. Modifications to grants and cooperative agreements Section 8(a) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3706(a) ) is amended by striking The total amount of any such grant or cooperative agreement may not exceed 75 percent of the total cost of the program. . 12. Information systems standards consultation Section 20(c)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(c)(1) ) is amended by striking the National Security Agency, .
Passed the House of Representatives July 22, 2014. Karen L. Haas, Clerk.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5035eh/xml/BILLS-113hr5035eh.xml
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113-hr-5036
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I 113th CONGRESS 2d Session H. R. 5036 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Coble (for himself and Mr. Goodlatte ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to extend expiring provisions of the Satellite Television Extension and Localism Act of 2010.
1. Short title This Act may be cited as the Satellite Television Access Reauthorization Act of 2014 . 2. Reauthorization Chapter 1 of title 17, United States Code, is amended— (1) in section 111(d)(3)— (A) in the matter preceding subparagraph (A), by striking clause and inserting paragraph ; and (B) in subparagraph (B), by striking clause and inserting paragraph ; and (2) in section 119— (A) in subsection (c)(1)(E), by striking 2014 and inserting 2019 ; and (B) in subsection (e), by striking 2014 and inserting 2019 . 3. Termination of license (a) In general Section 119 of title 17, United States Code, as amended in section 2, is amended by adding at the end the following: (h) Termination of license This section shall cease to be effective on December 31, 2019. . (b) Conforming amendment Section 107(a) of the Satellite Television Extension and Localism Act of 2010 ( 17 U.S.C. 119 note) is repealed.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5036ih/xml/BILLS-113hr5036ih.xml
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113-hr-5037
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I 113th CONGRESS 2d Session H. R. 5037 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Royce (for himself and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to improve the transparency, accountability, governance, and operations of the Office of Financial Research, and for other purposes.
1. Short title This Act may be cited as the The Office of Financial Research Accountability Act of 2014 . 2. Additional duties of the Office of Financial Research Section 153 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5343 ) is amended by adding at the end the following new subsection: (g) Additional duties (1) Annual work plan (A) In general The Director shall, after a period of 60 days for public notice and comment, annually publish a detailed work plan concerning the priorities of the Office for the upcoming fiscal year. (B) Requirements The work plan shall include the following: (i) A unique alphanumeric identifier and detailed description of any report, study, working paper, grant, guidance, data collection, or request for information that is expected to be in progress during, or scheduled to begin in, the upcoming fiscal year. (ii) For each item listed under clause (i), a target date for any significant actions related to such item, including the target date— (I) for the release of a report, study, or working paper; (II) for, and topics of, a meeting of a working paper group and each solicitation of applications for grants; and (III) for the issuance of guidance, data collections, or requests for information. (iii) A list of all technical and professional advisory committees that is expected to be convened in the upcoming fiscal year pursuant to section 152(h). (iv) The name and professional affiliations of each individual who served during the previous fiscal year as an academic or professional fellow pursuant to section 152(i). (2) Public reports (A) Consultation In preparing any public report with respect to a specified entity, class of entities, or financial product or service, the Director shall consult with any Federal department or agency with expertise in regulating the entity, class of entities, or financial product or service. (B) Report requirements A public report described in subparagraph (A) shall include— (i) an explanation of any changes made as a result of a consultation under this subparagraph and, with respect to any changes suggested in such consultation that were not made, the reasons that the Director did not incorporate such changes; and (ii) information on the date, time, and nature of such consultation. (C) Notice and comment Before issuing any public report described in subparagraph (A), the Director shall provide a period of 90 days for public notice and comment on the report. (3) Cybersecurity plan (A) In general The Office shall develop and implement a cybersecurity plan that uses appropriate safeguards that are adequate to protect the integrity and confidentiality of the data in the possession of the Office. (B) GAO review The Comptroller General of the United States shall annually audit the cybersecurity plan and its implementation described in subparagraph (A). .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5037ih/xml/BILLS-113hr5037ih.xml
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113-hr-5038
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I 113th CONGRESS 2d Session H. R. 5038 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Kilmer (for himself and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Maritime Washington National Heritage Area in the State of Washington, and for other purposes.
1. Short title This Act may be cited as the Maritime Washington National Heritage Area Act . 2. Definitions In this Act: (1) Heritage area The term Heritage Area means the Maritime Washington National Heritage Area established by section 4. (2) Local coordinating entity The term local coordinating entity means the local coordinating entity for the Heritage Area designated by section 4(b). (3) Management plan The term management plan means the management plan for the Heritage Area specified in section 6. (4) Map The term map means the undated overview map entitled Washington State Maritime Heritage Area Proposed Boundary and the associated index maps. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means the State of Washington. 3. Purposes The purposes of this Act are— (1) to encourage and strengthen partnerships and collaboration among maritime interests for the purpose of economic development and heritage tourism; (2) to recognize that waterfronts are both a foundational part of Washington’s heritage and dynamic places that are constantly adapting to new opportunities and challenges; (3) to recognize, interpret, and conserve the diverse and abundant nationally significant maritime-related objects, sites, structures, places, events, and activities that collectively form a distinctive landscape in western Washington State’s ports and coastal communities; (4) to recognize and interpret the impact of this nationally important maritime landscape on Native American and European-American heritage; (5) to preserve landscapes, communities, traditions, historic sites, and natural features in the Heritage Area associated with this maritime history; (6) to promote heritage, cultural, and recreational tourism, and to develop educational, interpretive, recreational, and cultural programs through partnerships for the benefit of visitors and the general public; and (7) to provide appropriate linkages between Federal, State, and local historic sites, and communities, governments, businesses, organizations, and individuals that stimulate appropriate and compatible economic vitality within the Heritage Area, without modifying the authority of any State, tribal, or local government to regulate land use, public land policy, or private activity. 4. Maritime Washington National Heritage Area (a) Establishment There is established the Maritime Washington National Heritage Area in the counties of Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, and Grays Harbor in the State of Washington. (b) Boundaries (1) In general The Heritage Area shall consist of Federal, State, local, and tribal lands that allow public access and are at least partly located within one-quarter mile landward of the shoreline, as generally depicted on the map. (2) Revision The boundaries of the Heritage Area may be revised if the revision is— (A) proposed in the management plan; (B) approved by the Secretary in accordance with section 5; and (C) placed on file in accordance with paragraph 3. (3) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service and the local coordinating entity. (4) Local coordinating entity The local coordinating entity for the Heritage Area shall be the Pacific Northwest Maritime Heritage Advisory Council, operating under the Washington Trust for Historic Preservation. 5. Duties and authorities of the local coordinating entity (a) Duties of the local coordinating entity To further the purposes of the Heritage Area, the local coordinating entity shall— (1) prepare and submit to the Secretary in accordance with section 6, a management plan for the Heritage Area; (2) assist willing partners, such as units of State, local, and tribal governments, regional planning organizations and private organizations, in implementing the approved management plan by— (A) advocating for and carrying out programs and projects that recognize and protect important resource values within the Heritage Area; (B) promoting, developing, and maintaining interpretive exhibits and programs within the Heritage Area; (C) promoting or developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historic, scenic, recreational, and cultural resources of the Heritage Area; (E) advocating for the protection and preservation of historic sites, structures, objects, and buildings in the Heritage Area that are consistent with the themes of the Heritage Area; (F) ensuring that signs identifying points of public access and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, businesses, organizations, and individuals to further the purposes of the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) undertake an open and transparent process for the development and implementation of the management plan by holding regular public meetings; (5) submit an annual report to the Secretary for each fiscal year in which the local coordinating entity receives Federal funds under this Act specifying— (A) the goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; (C) the amounts and sources of matching funds; (D) the amounts leveraged with Federal funds and sources of the leveraged funds; (E) grants made to any other entities during the fiscal year; and (F) critical components for sustainability of the Heritage Area; (6) make available for audit for any fiscal year for which the local coordinating entity receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds; (7) in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for audit all records and other information pertaining to the expenditure of such funds; and (8) encourage and strengthen partnerships and collaboration among maritime interests, by appropriate means, for economic development and heritage tourism consistent with the purposes of the Heritage Area. (b) Authorities The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the management plan, use Federal funds made available under this Act 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 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 Heritage Area and are consistent with the approved management plan. (c) Prohibition on the acquisition of real property The local coordinating entity may not use Federal funds received under this Act to acquire any interest in real property. 6. Management plan (a) In general Not later than 3 years after the date on which funds are made available to develop the management plan, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements The management plan for the Heritage Area shall— (1) describe comprehensive policies, goals, strategies, and recommendations for the conservation, funding, management, interpretation, and development of the Heritage Area; (2) take into consideration existing State and local plans in the development and implementation of the management plan; (3) include a description of actions and commitments that governments, private organizations, and individuals plan to take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area; (4) specify existing and potential sources of funding or economic development strategies to conserve, manage, and develop the Heritage Area; (5) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the stories and themes of the Heritage Area that should be protected, enhanced, managed, or developed; (6) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements, to protect the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area; (7) describe a program for implementation of the management plan including— (A) performance goals; (B) an approximate timeline for implementation; (C) specific commitments for implementation; and (D) how the plan will be evaluated and updated; (8) include an analysis of, and recommendations for, ways in which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the Heritage Area) to further the purposes of this Act; (9) provide recommendations for educational and interpretive programs to inform the public about the resources of the Heritage Area; and (10) include a business plan that— (A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan; (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the Heritage Area; and (C) describes goals and recommendations for sustainability of the coordinating entity through the term of the legislation. (c) Termination of funding If the management plan is not submitted to the Secretary in accordance with this section, the local coordinating entity shall not qualify for additional financial assistance under this Act until such time as the management plan is submitted to, and approved by, the Secretary. (d) Approval of management plan (1) Review Not later than 180 days after the date on which the Secretary receives the management plan, the Secretary shall approve or disapprove the management plan. (2) Criteria for approval In determining the approval of the management plan, the Secretary shall consider whether— (A) the local coordinating entity represents the diverse interests of the Heritage Area, including governments, resource-related organizations, educational institutions, ports, businesses, community residents, and recreational organizations; (B) the local coordinating entity has afforded adequate opportunity for public and governmental involvement (including workshops and public meetings) in the preparation of the management plan; (C) the conservation and interpretation strategies described in the management plan, if implemented, are compatible and consistent with this Act; (D) the management plan would not adversely affect any activities authorized on Federal, State, local, or tribal lands under applicable laws or land-use plans; (E) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local aspects of the management plan; (F) the local coordinating entity has identified existing and potential sources of funding for implementing the management plan in partnership with others; and (G) provisions for long-term sustainability of the Heritage Area are in place. (3) Action following disapproval (A) In general If the Secretary disapproves the management plan, the Secretary— (i) shall advise the local coordinating entity in writing of the reasons for the disapproval; and (ii) may make recommendations to the local coordinating entity for revisions to the management plan. (B) Deadline Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (4) Amendments (A) In general An amendment to the management plan that substantially alters the management plan shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (B) Implementation The local coordinating entity shall not use Federal funds authorized to be appropriated by this Act to implement any amendment to the management plan until the Secretary approves the amendment. 7. Duties and authorities of the secretary (a) Technical and financial assistance (1) In general On the request of the local coordinating entity, the Secretary may provide technical and financial assistance, on a reimbursable or nonreimbursable basis (as determined by the Secretary), to the local coordinating entity to develop and implement the management plan. (2) Cooperative agreements The Secretary may enter into cooperative agreements with the local coordinating entity and other public or private organizations to provide technical or financial assistance under paragraph (1). (3) Priority In assisting the Heritage Area, the Secretary shall give priority to actions that assist in— (A) conserving the significant historic and cultural maritime-related resources of the Heritage Area; and (B) providing educational, interpretive, and recreational opportunities for the public consistent with the purposes of the Heritage Area. (b) Evaluation; report (1) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under section 10, the Secretary shall— (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report with recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area, in accordance with paragraph (3). (2) Evaluation components An evaluation conducted under paragraph (1)(A) shall— (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of this Act for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) Recommendations (A) In general Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) Required analysis If the report prepared under this paragraph recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) Submission to congress On completion of a report under this paragraph, the Secretary shall submit the report to— (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. 8. Relationship to other Federal agencies (a) In general Nothing in this Act affects the authority of any Federal agency to provide technical or financial assistance under any other law. (b) Consultation and coordination To the maximum extent practicable, the head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity. (c) Other Federal agencies Nothing in this Act— (1) modifies, alters, or amends any laws (including regulations) authorizing a Federal agency to manage land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land-use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. 9. Property owners and regulatory protections Nothing in this Act— (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to— (A) permit public access (including Federal, State, tribal, or local government access) to the property; or (B) modify any provisions of Federal, State, tribal, or local law with regard to public access or use of private land; (3) alters any duly adopted land-use regulations, approved land-use plan, or any other regulatory authority of any Federal, State, or local agency, or tribal government; (4) conveys any land use or other regulatory authority to the local coordinating entity; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. 10. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $500,000 shall be made available for any fiscal year. (b) Availability Funds made available under subsection (a) shall remain available until expended. (c) Cost-Sharing requirement (1) In general The Federal share of the total cost of any activity under this section shall be not more than 50 percent. (2) Form The non-Federal contribution— (A) shall be from non-Federal sources; and (B) may be in the form of in-kind contributions of goods or services fairly valued. 11. Termination of financial assistance The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of the Act.
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113-hr-5039
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I 113th CONGRESS 2d Session H. R. 5039 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mrs. Kirkpatrick introduced the following bill; which was referred to the Committee on Natural Resources A BILL To make technical amendments to Public Law 93–531 , and for other purposes.
1. Navajo reservation boundary clarification Subsection (b) of section 11 of the Act of December 22, 1974 ( 25 U.S.C. 640d–10(b) ) is amended— (1) by striking present boundary of the Navajo Reservation and inserting trust lands of the Navajo Tribe, including the bands of the Navajo Tribe, as of January 1, 2014 ; and (2) by striking present boundary of the reservation and inserting trust lands of the Navajo Tribe, including the bands of the Navajo Tribe, as of January 1, 2014 . 2. Reselection of lands to correct surveying error Section 11 of the Act of December 22, 1974 ( 25 U.S.C. 640d–10 ) is amended by adding at the end the following: (j) The Navajo Tribe shall have the right to deselect not more than 757 acres of the land selected under this section as of January 1, 2014, whether or not that land has already been taken into trust by the Secretary. Trust land deselected by the Navajo Tribe shall be taken out of trust and shall be administered by the Bureau of Land Management. The Navajo Tribe shall then have the right to reselect up to the same amount of land that is deselected and returned, in accordance with the provisions of this section. . 3. Fair rental value payments report Not later than 90 days after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to the Committee on Natural Resources in the House of Representatives and the Committee on Indian Affairs in the Senate a report that contains the following: (1) The dates that the Secretary rendered initial rental decisions on annual rents owed by the Navajo Tribe to the Hopi Tribe pursuant to section 16(a) of the Act of December 22, 1974 ( 25 U.S.C. 640d–15(a) ) for each of years 2001 through 2013, including an explanation for any delay longer than 12 months after the end of any year during that period. (2) The current status of all rental determinations for each of years 2001 through 2013, and, to the extent appeals are pending with the Secretary, where these appeals are pending, and how long such appeals have been pending at that locale. (3) To the extent that rental determinations have been delayed, the role, if any, in the delay that has been the result of contracts with the Bureau of Indian Affairs related to a contract under the Indian Self-Determination Act ( 25 U.S.C. 450f ). (4) What contract provisions, if any, have been included in any contract under the Indian Self-Determination Act ( 25 U.S.C. 450f ) between the Bureau of Indian Affairs and any contractor to ensure that the contractor’s performance of those functions which are otherwise the obligations of the Bureau of Indian Affairs to carry out the requirements of section 16(a) of the Act of December 22, 1974 ( 25 U.S.C. 640d–15(a) ) is free from conflicts of interest as required by part 900.231 through part 900.236 of title 25, Code of Federal Regulations. (5) The total amount that the Navajo Tribe has paid as rent and interest pursuant to section 16(a) of the Act of December 22, 1974 ( 25 U.S.C. 640d–15(a) ), including the amount of prejudgment interest paid by the Navajo Tribe and the amount of post-judgment interest paid by the Navajo Tribe. (6) A plan to bring initial rental determinations current through the 2014 year as of April 1, 2015. (7) A plan to ensure that, beginning on April 1, 2016, all annual rental determinations are completed and delivered to the Navajo Tribe and the Hopi Tribe on or before April 1 of each year. 4. Navajo Tribe Sovereignty Empowerment Demonstration Project (a) Navajo Sovereignty Empowerment Zones The Navajo Tribe shall have the authority to designate up to 150,000 acres within one or more of the following, which shall be designated as Navajo Sovereignty Empowerment Zones: (1) All lands selected by the Navajo Tribe pursuant to section 11 of the Act of December 22, 1974 (25 U.S.C. 640d–10). (2) The lands within that portion of the Navajo Reservation lying west of the Executive Order Reservation of 1882 and bounded on the north and south by westerly extensions, to the reservation line, of the northern and southern boundaries of said Executive Order Reservation (formerly known as the Bennett Freeze area). (3) All lands partitioned to the Navajo Tribe pursuant to sections 3 and 4 of the Act of December 22, 1974 (25 U.S.C. 640d–2 and 640d–3). (b) Applicability of certain laws Within the Navajo Sovereignty Empowerment Zones, the following laws are waived with regard to renewable energy development, housing development, public and community facilities, and infrastructure development (such as water and wastewater development, roads, transmission lines, gas lines, and rights-of-way): (1) The Wilderness Act ( 16 U.S.C. 1131 et seq. ). (2) The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) The Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (4) The National Historic Preservation Act ( 16 U.S.C. 470 et seq. ). (5) Public Law 86–523 ( 16 U.S.C. 469 et seq. ). (6) The Act of June 8, 1906 (commonly known as the Antiquities Act of 1906 ( 16 U.S.C. 431 et seq. )). (7) The Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ). (8) The National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ). (9) The Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq. ). (10) The Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ). (11) Subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ). (12) The National Park Service Organic Act ( 16 U.S.C. 1 et seq. ). (13) The General Authorities Act of 1970 ( Public Law 91–383 ) ( 16 U.S.C. 1a–1 et seq. ). (14) Sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 ( Public Law 95–625 , 92 Stat. 3467). (15) The Arizona Desert Wilderness Act of 1990 ( 16 U.S.C. 1132 note; Public Law 101–628 ). (c) Tribal sovereignty Nothing in this section supersedes, replaces, negates, or diminishes— (1) the laws and regulations of the Navajo Nation which shall remain in full force and effect within the Navajo Sovereignty Empowerment Zones; or (2) the treaties or other agreements between the United States and the Navajo Tribe. (d) Navajo-Hopi Dispute Settlement Act Nothing in this section waives the provisions of the Navajo-Hopi Dispute Settlement Act of 1996 (25 U.S.C. 640d note). (e) Funding and grants Nothing in this section negates or diminishes the eligibility of the Navajo Tribe to receive or continue to receive funding and grants under the Navajo-Hopi Dispute Settlement Act of 1996 or any other laws of the United States. 5. Relinquishment of accommodation agreement and eligibility for relocation benefits The Navajo-Hopi Land Dispute Settlement Act of 1996 ( 25 U.S.C. 640d note) is amended by adding at the end the following: 13. Relinquishment of accommodation agreement and eligibility for relocation benefits (a) In general Notwithstanding any other provision of this Act, the Settlement Agreement, or the Accommodation Agreement, any Navajo head of household, or the successor thereto if such person is no longer the head of household, that has entered into an Accommodation Agreement shall have the following rights: (1) To relinquish that Agreement for up to two years after the effective date of this section. (2) After a relinquishment under paragraph (1), to receive the full relocation benefits to which the Navajo head of household would otherwise have been entitled had the head of household not signed the Accommodation Agreement, including relocation housing, counseling, and other services. In the event that the Navajo head of household is no longer the head of household, the successor thereto shall be entitled to receive the full relocation benefits. (b) Timing A relinquishment under subsection (a) shall not go into effect until the Office of Navajo and Hopi Indian Relocation provides the full relocation benefits to the Navajo head of household, or successor thereto. . 6. Navajo Rehabilitation Trust Fund Section 32 of Public Law 93–531 ( 25 U.S.C. 640d–30 ) is amended— (1) in subsection (d)— (A) in paragraph (2), by striking or ; (B) in paragraph (3), by striking the period at the end and inserting , or ; and (C) by adding at the end the following: (4) at the discretion of the Navajo Tribe, to use for development in the Navajo Sovereignty Empowerment Zones established pursuant to section 104. ; (2) in the first sentence of subsection (f), by striking and the United States has been reimbursed for funds appropriated under subsection (f) of this section ; and (3) in subsection (g)— (A) in the first sentence, by striking 1990, 1991, 1992, 1993, and 1994 and all that follows through the final period and inserting 2014, 2015, 2016, 2017, and 2018. ; and (B) by striking the second sentence.
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113-hr-5040
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I 113th CONGRESS 2d Session H. R. 5040 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Labrador introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Secretary of the Interior to convey certain Federal land to Idaho County in the State of Idaho, and for other purposes.
1. Short title This Act may be cited as the Idaho County Shooting Range Land Conveyance Act . 2. Definitions In this Act: (1) County The term County means Idaho County in the State of Idaho. (2) Map The term map means the map entitled Idaho County Land Conveyance and dated April 11, 2014. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Conveyance of land to Idaho County (a) In general As soon as practicable after notification by the County and subject to valid existing rights, the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 31 acres of land managed by the Bureau of Land Management and generally depicted on the map as Conveyance_Area . (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only as a shooting range. (e) Administrative costs The Secretary shall require the County to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Conditions As a condition of the conveyance under subsection (a), the County shall agree— (1) to pay any administrative costs associated with the conveyance including the costs of any environmental, wildlife, cultural, or historical resources studies; (2) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the land described in subsection (b) on or before the date of the enactment of this Act by the United States or any person; and (3) to accept such reasonable terms and conditions as the Secretary determines necessary.
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113-hr-5041
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I 113th CONGRESS 2d Session H. R. 5041 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Lamborn (for himself and Mr. Sherman ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require the Secretary of State to offer rewards totaling up to $5,000,000 for information on the kidnapping and murder of Naftali Fraenkel, a dual United States-Israeli citizen, that began on June 12, 2014.
1. Rewards authorized (a) In general In accordance with the Rewards for Justice program authorized under section 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) ), the Secretary of State shall offer a reward to any individual who furnishes information leading to the arrest or conviction in any country of any individual for committing, conspiring or attempting to commit, or aiding or abetting in the commission of the kidnapping and murder of Naftali Fraenkel. (b) Limit on total rewards The total amount of rewards offered under subsection (a) may not exceed $5,000,000.
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113-hr-5042
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I 113th CONGRESS 2d Session H. R. 5042 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. McNerney introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a pilot program under which the Secretary enters into partnership agreements with non-Federal entities for the construction of major medical facility projects.
1. Short title This Act may be cited as the Jumpstart VA Construction Act . 2. Findings Congress makes the following findings: (1) The buildings of the Department of Veterans Affairs have an average age of 60 years. (2) Since 2004, use of Department facilities has grown from 80 percent to 120 percent, while the condition of these facilities has eroded from 81 percent to 71 percent over that same period of time. (3) The Department currently manages and maintains more than 5,600 buildings and almost 34,000 acres of land. (4) More than 3,900 infrastructure gaps remain that will cost between $54,000,000,000 and $66,000,000,000 to close, including $10,000,000,000 in activation costs. (5) The Veterans Health Administration has 21 major construction projects dating to 2007 that have been only partially funded. (6) The total unobligated amount for all currently budgeted major construction projects exceeds $2,900,000,000. (7) To finish existing projects and to close current and future gaps, the Department will need to invest at least $23,200,000,000 over the next 10 years. (8) At current requested funding levels, it will take more than 67 years to complete the 10-year capital investment plan of the Department. 3. Pilot program for the construction of Department of Veterans Affairs major medical facility projects by non-Federal entities under partnership agreements (a) In general The Secretary of Veterans Affairs shall carry out a 10-year pilot program under which the Secretary shall enter into partnership agreements on a competitive basis with appropriate non-Federal entities for the construction of major construction projects authorized by law. (b) Selection of projects (1) In general The Secretary shall select 10 major construction projects for completion by non-Federal entities under the pilot program. Each project selected shall be a major medical facility project authorized by law for the construction of a new facility for which— (A) Congress has appropriated any funds; (B) the design and development phase is complete; and (C) construction has not begun, as of the date of the enactment of this Act. (2) Type of projects In selecting major construction projects under paragraph (1), the Secretary shall select— (A) four seismic-related projects; (B) four community based outpatient clinic-related projects; and (C) two other projects. (c) Agreements Each partnership agreement for a construction project under the pilot program shall provide that— (1) the non-Federal entity shall obtain any permits required pursuant to Federal and State laws before beginning to carry out construction; and (2) if requested by the non-Federal entity, the Secretary shall provide technical assistance for obtaining any necessary permits for the construction project. (d) Responsibilities of Secretary The Secretary shall— (1) appoint a non-Department of Veterans Affairs entity as the project manager of each major construction project for which the Secretary enters into a partnership agreement under the pilot program; (2) ensure that the project manager appointed under paragraph (1) develops and implements a project management plan to ensure concise and consistent communication of all parties involved in the project; (3) work in cooperation with each non-Federal entity with which the Secretary enters into a partnership agreement to minimize multiple change orders; (4) develop metrics to monitor change order process times, with the intent of expediting any change order; and (5) monitor any construction project carried out by a non-Federal entity under the pilot program to ensure that such construction is in compliance with the Federal Acquisition Regulations and Department of Veterans Affairs acquisition regulations and that the costs are reasonable. (e) Reimbursement (1) In general The Secretary shall reimburse, without interest, a non-Federal entity that carries out work pursuant to a partnership agreement under the pilot program in an amount equal to the estimated Federal share of the cost of such work. Any costs that exceed the amount originally agreed upon between the Secretary and the non-Federal entity shall be paid by the non-Federal entity. The Secretary may commence making payments to a non-Federal entity under this subsection upon entering into a partnership agreement with the entity under this section. (2) Limitation The Secretary may not make any reimbursement payment under this subsection until the Secretary determines that the work for which the reimbursement is requested has been performed in accordance with applicable permits and approved plans. (3) Budget requests The Secretary shall budget for reimbursement under this section on a schedule that is consistent with the budgeting process of the Department and the ongoing Strategic Capital Investment Planning priorities list. (f) Comptroller General report The Comptroller General of the United States shall submit to Congress a biennial report on the partnership agreements entered into under the pilot program. (g) Deadline for implementation The Secretary shall begin implementing the pilot program under this section by not later than 180 days after the date of the enactment of this Act.
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113-hr-5043
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I 113th CONGRESS 2d Session H. R. 5043 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Peters of California introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Trafficking Victims Protection Act of 2000 to direct the Secretary of State to submit reports to Congress on child protection compacts.
1. Short title This Act may be cited as— (1) the Partnering to Abolish Child Trafficking Act ; or (2) the PACT Act . 2. Reports on child protection compacts Section 105A(d) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103a(d) ) is amended by adding at the end the following: (7) Reports The Secretary of State, acting through the Director established pursuant to section 105(e)(1) of this Act, shall submit an annual report to Congress, which shall include information regarding— (A) child protection compacts under this subsection; (B) countries with which the United States may enter into a child protection compact under this subsection; and (C) assistance provided under this subsection. .
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113-hr-5044
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I 113th CONGRESS 2d Session H. R. 5044 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Peters of California 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 amend the Trafficking Victims Protection Act of 2000 to direct the Interagency Task Force to Monitor and Combat Trafficking to develop a comprehensive action plan to combat human trafficking.
1. Short title This Act may be cited as the End Modern-Day Slavery Act . 2. Comprehensive action plan to combat human trafficking Section 105(d) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103(d) ) is amended— (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: (7) Not later than two years after the date of the enactment of the National Action Plan to Combat Human Trafficking and Modern-Day Slavery Act of 2014, develop a comprehensive plan to combat trafficking in persons, which shall include recommendations for coordination among relevant Federal agencies in order to— (A) assist victims of trafficking; (B) investigate and prosecute crimes related to trafficking in persons; (C) conduct research and collect data related to trafficking in persons; (D) train officers and employees of such agencies regarding trafficking in persons; (E) engage with nongovernmental entities, which may assist in combating trafficking in persons; and (F) implement Federal laws and regulations related to trafficking in persons. .
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113-hr-5045
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I 113th CONGRESS 2d Session H. R. 5045 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Peters of Michigan introduced the following bill; which was referred to the Committee on Small Business A BILL To increase access to capital for veteran entrepreneurs to help create jobs.
1. Short title This Act may be cited as the Veterans Small Business Support Act . 2. Definitions In this Act— (1) the term Administrator means the Administrator of the Small Business Administration; (2) the term reserve component means a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; (3) the term small business concern has the meaning given the term under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ); (4) the term veteran has the meaning given the term under section 3(q)(4) of the Small Business Act (15 U.S.C. 632(q)(4)); (5) the term Veterans Business Outreach Center means a veteran business outreach center described in section 32 of the Small Business Act (15 U.S.C. 657b); and (6) the term women's business center means a women's business center described in section 29 of the Small Business Act ( 15 U.S.C. 656 ). 3. Permanent SBA express loan guarantee fee waiver for veterans Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended— (1) in paragraph (18)(A), by striking With respect and inserting Except as provided in paragraph (31)(G), with respect ; and (2) in paragraph (31), adding at the end the following: (G) Guarantee fee waiver for veterans or spouses of veterans (i) Definition In this subparagraph, the term veteran or spouse of a veteran means— (I) a veteran, as defined in section 3(q)(4); (II) a member of the Armed Forces serving on active duty who is eligible to participate in the Transition Assistance Program established under section 1144 of title 10, United States Code; (III) a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; (IV) the spouse of an individual described in subclause (I), (II), or (III); or (V) the surviving spouse (as defined in section 101 of title 38, United States Code) of an individual described in subclause (I), (II), or (III) who died while serving on active duty or as a result of a service-connected (as defined in such section) disability. (ii) Guarantee fee waiver The Administrator may not assess a guarantee fee under paragraph (18) in connection with a loan made under this paragraph to a veteran or spouse of a veteran on or after October 1, 2014. . 4. Report on financial planning and counseling for owners of small business concerns in the National Guard and Reserves Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the feasibility of providing financial planning and counseling to owners of small business concerns who are members of a reserve component prior to deployment. 5. Report on accessibility and outreach to female veterans by the Small Business Administration Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the level of outreach to and consultation with female veterans by women's business centers and Veterans Business Outreach Centers. 6. Report on the Military Reservists Economic Injury Disaster Loan Program Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on the Military Reservists Economic Injury Disaster Loan Program (in this section referred to as the program ) authorized under section 7(b)(3) of the Small Business Act ( 15 U.S.C. 636(b)(3) ), which shall include— (1) a discussion of the outreach efforts of the Small Business Administration to increase participation in the program; (2) the number of loans made under the program; (3) an analysis of the effectiveness of the program; and (4) recommendations for improving the program.
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113-hr-5046
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I 113th CONGRESS 2d Session H. R. 5046 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Peters of Michigan introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To protect individuals who are eligible for increased pension under laws administered by the Secretary of Veterans Affairs on the basis of need of regular aid and attendance from dishonest, predatory, or otherwise unlawful practices, and for other purposes.
1. Short title This Act may be cited as the Veterans Care Financial Protection Act of 2014 . 2. Protection of individuals eligible for increased pension under laws administered by Secretary of Veterans Affairs on basis of need for regular aid and attendance (a) Development and implementation of standards (1) In general The Secretary of Veterans Affairs shall work with the heads of Federal agencies, States, and such experts as the Secretary considers appropriate to develop and implement Federal and State standards that protect individuals from dishonest, predatory, or otherwise unlawful practices relating to increased pension available to such individuals under chapter 15 of title 38, United States Code, on the basis of need for regular aid and attendance. (2) Submittal to Congress Not later than 180 days 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 the standards developed under paragraph (1). (b) Conditional recommendation by Comptroller General If the Secretary does not, on or before the date that is 180 days after the date of the enactment of this Act, submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives standards that are developed under subsection (a)(1), the Comptroller General of the United States shall, not later than the date that is one year after the date of the enactment of this Act, submit to such committees a report containing standards that the Comptroller General determines are standards that would be effective in protecting individuals as described in such subsection. (c) Study by Comptroller General Not later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on standards implemented under this section to protect individuals as described in subsection (a)(1) and submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the findings of the Comptroller General with respect to such study.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5046ih/xml/BILLS-113hr5046ih.xml
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113-hr-5047
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I 113th CONGRESS 2d Session H. R. 5047 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Peters of Michigan introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To prohibit the Secretary of Veterans Affairs from altering available health care and wait times for appointments for health care for certain veterans, and for other purposes.
1. Short title This Act may be cited as the Continuing Care for Veterans Act of 2014 . 2. Prohibition on altering available health care and wait times for appointments for health care for certain veterans The Secretary of Veterans Affairs may not alter the hospital care, medical services, or other health care available to a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, or the amount of time such veteran is required to wait for an appointment for such care or services based solely on the length of time since such veteran has last received such care or services from the Department.
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113-hr-5048
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I 113th CONGRESS 2d Session H. R. 5048 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Peters of Michigan introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To expand and improve care provided to veterans and members of the Armed Forces with mental health disorders or at risk of suicide, to review the terms or characterization of the discharge or separation of certain individuals from the Armed Forces, to require a pilot program on loan repayment for psychiatrists who agree to serve in the Veterans Health Administration of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Suicide Prevention for American Veterans Act . 2. Extension of eligibility for domiciliary care for certain veterans who served in a theater of combat operations Section 1710(e)(3)(A) of title 38, United States Code, is amended by striking period of five years and inserting period of 15 years . 3. Review of characterization or terms of discharge from the Armed Forces of individuals with mental health disorders alleged to affect terms of discharge (a) In general The Secretaries of the military departments shall each provide for a process by which a covered individual may challenge the terms or characterization of the individual's discharge or separation from the Armed Forces. (b) Covered individuals For purposes of this section, a covered individual is any individual as follows: (1) An individual who was discharged or separated from the Armed Forces for a personality disorder. (2) An individual who— (A) was discharged or separated from the Armed Forces on a punitive basis, or under other than honorable conditions; and (B) who alleges that the basis for such discharge or separation was a mental health injury or disorder incurred or aggravated by the individual during service in the Armed Forces. (c) Discharge of process through boards of corrections of records The Secretary of a military department shall carry out the process required by subsection (a) through boards for the correction of military records of the military department concerned. (d) Considerations on modification of terms of discharge or separation In deciding whether to modify the terms or characterization of an individual's discharge or separation pursuant to the process required by subsection (a), the Secretary of the military department concerned shall instruct boards to give due consideration to any mental health injury or disorder determined to have been incurred or aggravated by the individual during service in the Armed Forces and to what bearing such injury or disorder may have had on the circumstances surrounding the individual's discharge or separation from the Armed Forces. 4. Improvement of mental health care provided by Department of Veterans Affairs and Department of Defense (a) Evaluations of mental health care and suicide prevention programs (1) In general Not less frequently than once each year, the Secretary concerned shall provide for the conduct of an evaluation of the mental health care and suicide prevention programs carried out under the laws administered by such Secretary. (2) Elements Each evaluation conducted under paragraph (1) shall— (A) use metrics that are common among and useful for practitioners in the field of mental health care and suicide prevention; (B) identify the most effective mental health care and suicide prevention programs conducted by the Secretary concerned; and (C) propose best practices for caring for individuals who suffer from mental health disorders or are at risk of suicide. (3) Third party Each evaluation conducted under paragraph (1) shall be conducted by an independent third party unaffiliated with the Department of Veterans Affairs and the Department of Defense. (b) Training of providers (1) In general The Secretary concerned shall train all providers of health care under the laws administered by such Secretary on the following: (A) Recognizing if an individual is at risk of suicide. (B) Treating or referring for treatment an individual who is at risk of suicide. (C) Recognizing the symptoms of posttraumatic stress disorder. (2) Dissemination of best practices The Secretary concerned shall ensure that best practices for identifying individuals at risk of suicide and providing quality mental health care are disseminated to providers of health care under the laws administered by such Secretary. (c) Secretary concerned defined In this section, the term Secretary concerned means— (1) the Secretary of Veterans Affairs with respect to matters concerning the Department of Veterans Affairs; and (2) the Secretary of Defense with respect to matters concerning the Department of Defense. 5. Collaboration between Department of Veterans Affairs and Department of Defense on health care matters (a) Timeline for implementing interoperable electronic health records (1) In general Section 1635 of the Wounded Warrior Act ( 10 U.S.C. 1071 note) is amended by adding at the end the following new subsection: (k) Timeline In carrying out this section, the Secretary of Defense and the Secretary of Veterans Affairs shall ensure that— (1) the creation of a health data authoritative source by the Department of Defense and the Department of Veterans Affairs that can be accessed by multiple providers and standardizes the input of new medical information is achieved not later than 180 days after the date of the enactment of this subsection; (2) the ability of patients of both the Department of Defense and the Department of Veterans Affairs to download the medical records of the patient (commonly referred to as the Blue Button Initiative ) is achieved not later than 180 days after the date of the enactment of this subsection; (3) the full interoperability of personal health care information between the Departments is achieved not later than one year after the date of the enactment of this subsection; (4) the acceleration of the exchange of real-time data between the Departments is achieved not later than one year after the date of the enactment of this subsection; (5) the upgrade of the graphical user interface to display a joint common graphical user interface is achieved not later than one year after the date of the enactment of this subsection; and (6) each current member of the Armed Forces and the dependent of such a member may elect to receive an electronic copy of the health care record of the individual beginning not later than June 30, 2015. . (2) Conforming amendments Section 1635 of such Act is further amended— (A) in subsection (a), by striking The Secretary and inserting In accordance with the timeline described in subsection (k), the Secretary ; and (B) in the matter preceding paragraph (1) of subsection (e), by inserting in accordance with subsection (k) after under this section . (b) Establishment of uniform prescription formulary The Secretary of Veterans Affairs and the Secretary of Defense shall jointly establish a uniform prescription formulary for use in prescribing medication under the laws administered by the Secretary of Veterans Affairs and the laws administered by the Secretary of Defense. 6. Pilot program for repayment of educational loans for certain psychiatrists of Veterans Health Administration (a) Establishment The Secretary of Veterans Affairs shall carry out a pilot program to repay loans of individuals described in subsection (b) that— (1) were used by such individuals to finance education relating to psychiatric medicine, including education leading to— (A) an undergraduate degree; (B) a degree of doctor of medicine; or (C) a degree of doctor of osteopathy; and (2) were obtained from any of the following: (A) A governmental entity. (B) A private financial institution. (C) A school. (D) Any other authorized entity as determined by the Secretary. (b) Eligible individuals (1) In general Subject to paragraph (2), an individual eligible for participation in the pilot program is an individual who— (A) either— (i) is licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (ii) is enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (B) demonstrates a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, as determined by the Secretary. (2) Prohibition on simultaneous eligibility An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual is not eligible to participate in the pilot program. (c) Selection The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Period of obligated service The Secretary shall enter into an agreement with each individual selected under subsection (c) in which such individual agrees to serve a period of obligated service for the Veterans Health Administration in the field of psychiatric medicine, as determined by the Secretary. (e) Loan Repayments (1) Amounts Subject to paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual who is participating in the pilot program for all educational expenses (including tuition, fees, books, and laboratory expenses) of such individual relating to education described in subsection (a)(1). (2) Limit For each year of obligated service that an individual who is participating in the pilot program agrees to serve under subsection (d), the Secretary may pay not more than $60,000 in loan repayment on behalf of such individual. (f) Breach (1) Liability An individual who participates in the pilot program and fails to satisfy the period of obligated service under subsection (d) shall be liable to the United States, in lieu of such obligated service, for the amount that has been paid or is payable to or on behalf of the individual under the pilot program, reduced by the proportion that the number of days served for completion of the period of obligated service bears to the total number of days in the period of obligated service of such individual. (2) Repayment period Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States not later than one year after the date of the breach of the agreement. (g) Report (1) In general Not later than 90 days after the date on which the pilot program terminates under subsection (i), 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 pilot program. (2) Elements The report required by paragraph (1) shall include the following: (A) The overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration. (B) The long-term stability of the psychiatric workforce of the Veterans Health Administration. (C) Strategies of the Veterans Health Administration to improve and increase the ability of the Administration to promote the physical and mental resiliency of all veterans. (h) Regulations The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. 7. Comptroller General study on pay disparities of psychiatrists of Veterans Health Administration (a) Study (1) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. (2) Elements The study required by paragraph (1) shall include the following: (A) An examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to such disparities. (B) Recommendations for legislative or regulatory action to improve equity in pay among such psychiatrists. (b) Report Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing the results of the study.
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113-hr-5049
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I 113th CONGRESS 2d Session H. R. 5049 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources A BILL To exchange trust and fee land to resolve land disputes created by the realignment of the Blackfoot River along the boundary of the Fort Hall Indian Reservation, and for other purposes.
1. Short title This Act may be cited as the Blackfoot River Land Exchange Act of 2014 . 2. Findings; purposes (a) Findings Congress finds that— (1) the Shoshone-Bannock Tribes, a federally recognized Indian tribe with tribal headquarters at Fort Hall, Idaho— (A) adopted a tribal constitution and bylaws on March 31, 1936, that were approved by the Secretary of the Interior on April 30, 1936, pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the Indian Reorganization Act ); (B) has entered into various treaties with the United States, including the Second Treaty of Fort Bridger, executed on July 3, 1868; and (C) has maintained a continuous government-to-government relationship with the United States since the earliest years of the Union; (2) (A) in 1867, President Andrew Johnson designated by Executive order the Fort Hall Reservation for various bands of Shoshone and Bannock Indians; (B) the Reservation is located near the cities of Blackfoot and Pocatello in southeastern Idaho; and (C) article 4 of the Second Treaty of Fort Bridger secured the Reservation as a permanent home for the Shoshone-Bannock Tribes; (3) (A) according to the Executive order referred to in paragraph (2)(A), the Blackfoot River, as the river existed in its natural state— (i) is the northern boundary of the Reservation; and (ii) flows in a westerly direction along that northern boundary; and (B) within the Reservation, land use in the River watershed is dominated by— (i) rangeland; (ii) dry and irrigated farming; and (iii) residential development; (4) (A) in 1964, the Corps of Engineers completed a local flood protection project on the River— (i) authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 170); and (ii) sponsored by the Blackfoot River Flood Control District No. 7; (B) the project consisted of building levees, replacing irrigation diversion structures, replacing bridges, and channel realignment; and (C) the channel realignment portion of the project severed various parcels of land located contiguous to the River along the boundary of the Reservation, resulting in Indian land being located north of the Realigned River and non-Indian land being located south of the Realigned River; (5) beginning in 1999, the Cadastral Survey Office of the Bureau of Land Management conducted surveys of— (A) 25 parcels of Indian land; and (B) 19 parcels of non-Indian land; and (6) the enactment of this Act and separate agreements of the parties would represent a resolution of the disputes described in subsection (b)(1) among— (A) the Tribes; (B) the allottees; and (C) the non-Indian landowners. (b) Purposes The purposes of this Act are— (1) to resolve the land ownership and land use disputes resulting from realignment of the River by the Corps of Engineers during calendar year 1964 pursuant to the project described in subsection (a)(4)(A); and (2) to achieve a final and fair solution to resolve those disputes. 3. Definitions In this Act: (1) Allottee The term allottee means an heir of an original allottee of the Reservation who owns an interest in a parcel of land that is— (A) held in trust by the United States for the benefit of the allottee; and (B) located north of the Realigned River within the exterior boundaries of the Reservation. (2) Blackfoot River Flood Control District No. 7 The term Blackfoot River Flood Control District No. 7 means the governmental subdivision in the State of Idaho, located at 75 East Judicial, Blackfoot, Idaho, that— (A) is responsible for maintenance and repair of the Realigned River; and (B) represents the non-Indian landowners relating to the resolution of the disputes described in section 2(b)(1) in accordance with this Act. (3) Indian land The term Indian land means any parcel of land that is— (A) held in trust by the United States for the benefit of the Tribes or the allottees; (B) located north of the Realigned River; and (C) identified in exhibit A of the survey of the Bureau of Land Management entitled Survey of the Blackfoot River of 2002 to 2005 , which is located at— (i) the Fort Hall Indian Agency office of the Bureau of Indian Affairs; and (ii) the Blackfoot River Flood Control District No. 7. (4) Non-Indian land The term non-Indian land means any parcel of fee land that is— (A) located south of the Realigned River; and (B) identified in exhibit B, which is located at the areas described in clauses (i) and (ii) of paragraph (3)(C). (5) Non-Indian landowner The term non-Indian landowner means any individual who holds fee title to non-Indian land and is represented by the Blackfoot River Flood Control District No. 7 for purposes of this Act. (6) Realigned River The term Realigned River means that portion of the River that was realigned by the Corps of Engineers during calendar year 1964 pursuant to the project described in section 2(a)(4)(A). (7) Reservation The term Reservation means the Fort Hall Reservation established by Executive order during calendar year 1867 and confirmed by treaty during calendar year 1868. (8) River The term River means the Blackfoot River located in the State of Idaho. (9) Secretary The term Secretary means the Secretary of the Interior. (10) Tribes The term Tribes means the Shoshone-Bannock Tribes. 4. Release of claims to certain indian and non-indian owned lands (a) Release of claims Effective on the date of enactment of this Act— (1) all existing and future claims with respect to the Indian land and the non-Indian land and all right, title, and interest that the Tribes, allottees, non-Indian landowners, and the Blackfoot River Flood Control District No. 7 may have had to that land shall be extinguished; (2) any interest of the Tribes, the allottees, or the United States, acting as trustee for the Tribes or allottees, in the Indian land shall be extinguished under section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act ) ( 25 U.S.C. 177 ); and (3) to the extent any interest in non-Indian land transferred into trust pursuant to section 5 violates section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act ) ( 25 U.S.C. 177 ), that transfer shall be valid, subject to the condition that the transfer is consistent with all other applicable Federal laws (including regulations). (b) Documentation The Secretary may execute and file any appropriate documents (including a plat or map of the transferred Indian land) that are suitable for filing with the Bingham County clerk or other appropriate county official, as the Secretary determines necessary to carry out this Act. 5. Non-Indian land to be placed into trust for Tribes Effective on the date of enactment of this Act, the non-Indian land shall be considered to be held in trust by the United States for the benefit of the Tribes. 6. Trust land to be converted to fee land (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall transfer the Indian land to the Blackfoot River Flood Control District No. 7 for use or sale in accordance with subsection (b). (b) Use of land (1) In general The Blackfoot River Flood Control District No. 7 shall use any proceeds from the sale of land described in subsection (a) according to the following priorities: (A) To compensate, at fair market value, each non-Indian landowner for the net loss of land to that non-Indian landowner resulting from the implementation of this Act. (B) To compensate the Blackfoot River Flood Control District No. 7 for any administrative or other expenses relating to carrying out this Act. (2) Remaining land If any land remains to be conveyed or proceeds remain after the sale of the land, the Blackfoot River Flood Control District No. 7 may dispose of that remaining land or proceeds as the Blackfoot River Flood Control District No. 7 determines to be appropriate. 7. Effect on original reservation boundary Nothing in this Act affects the original boundary of the Reservation, as established by Executive order during calendar year 1867 and confirmed by treaty during calendar year 1868. 8. Effect on tribal water rights Nothing in this Act extinguishes or conveys any water right of the Tribes, as established in the agreement entitled 1990 Fort Hall Indian Water Rights Agreement and ratified by section 4 of the Fort Hall Indian Water Rights Act of 1990 ( Public Law 101–602 ; 104 Stat. 3060). 9. Disclaimers regarding claims Nothing in this Act— (1) affects in any manner the sovereign claim of the State of Idaho to title in and to the beds and banks of the River under the equal footing doctrine of the Constitution of the United States; (2) affects any action by the State of Idaho to establish the title described in paragraph (1) under section 2409a of title 28, United States Code (commonly known as the Quiet Title Act ); (3) affects the ability of the Tribes or the United States to claim ownership of the beds and banks of the River; or (4) extinguishes or conveys any water rights of non-Indian landowners or the claims of those landowners to water rights in the Snake River Basin Adjudication.
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113-hr-5050
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I 113th CONGRESS 2d Session H. R. 5050 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources A BILL To repeal the Act of May 31, 1918, and for other purposes.
1. Short title This Act may be cited as the May 31, 1918 Act Repeal Act . 2. Definitions In this Act: (1) 1918 Act The term 1918 Act means the Act of May 31, 1918 (40 Stat. 592, chapter 88). (2) Fort Hall Townsite The term Fort Hall Townsite means the land that was taken out of trust by being set aside or set apart under the 1918 Act on the Fort Hall Reservation, consisting of approximately 120 acres in the East Half of the Northeast Quarter in Section 35 and the West Half of the West Half of the Northwest Quarter in Section 36, Township 4 South, Range 34 East, Boise Meridian, Idaho, based upon a survey completed on May 19, 1921, and depicted on the document entitled Plat of the Townsite of Fort Hall on file with Bingham County, Idaho and the Tribes. (3) Tribes The term Tribes means the Shoshone-Bannock Tribes of the Fort Hall Reservation. 3. Repeal The 1918 Act is repealed. 4. Right of first refusal (a) In general The Tribes shall have the exclusive right of first refusal to purchase at fair market value any land— (1) within the Fort Hall Townsite; and (2) offered for sale. (b) Acquired land held in trust The United States shall hold in trust for the benefit of the Tribes or a member of the Tribes, as applicable— (1) any land owned or acquired by the Tribes or a member of the Tribes within the Fort Hall Townsite before the date of enactment of this Act; and (2) any land owned or acquired by the Tribes or a member of the Tribes within the Fort Hall Townsite on or after the date of enactment of this Act. 5. Effect Nothing in this Act affects any valid right to any land set aside or set apart under the 1918 Act.
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113-hr-5051
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I 113th CONGRESS 2d Session H. R. 5051 IN THE HOUSE OF REPRESENTATIVES July 9, 2014 Ms. Slaughter (for herself, Ms. DeGette , Mr. Nadler , Mr. Bera of California , Mr. Bishop of New York , Mr. Blumenauer , Ms. Bonamici , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Ms. Brownley of California , Mrs. Capps , Ms. Castor of Florida , Ms. Chu , Mr. Cicilline , Ms. Clark of Massachusetts , Ms. Clarke of New York , Mr. Clay , Mr. Cohen , Mr. Connolly , Mr. Conyers , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mr. DeFazio , Ms. DeLauro , Ms. DelBene , Mr. Doggett , Ms. Duckworth , Ms. Edwards , Mr. Ellison , Ms. Esty , Mr. Farr , Mr. Fattah , Ms. Frankel of Florida , Ms. Fudge , Mr. Grayson , Ms. Hahn , Mr. Hastings of Florida , Mr. Honda , Mr. Hoyer , Mr. Huffman , Mr. Israel , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Mr. Keating , Mr. Kennedy , Mr. Kilmer , Mrs. Kirkpatrick , Ms. Kuster , Ms. Lee of California , Mr. Levin , Mr. Lewis , Ms. Lofgren , Mr. Lowenthal , Mrs. Lowey , Mr. Ben Ray Luján of New Mexico , Ms. Michelle Lujan Grisham of New Mexico , Mr. Maffei , Mrs. Carolyn B. Maloney of New York , Ms. Matsui , Mrs. McCarthy of New York , Ms. McCollum , Mr. McDermott , Mr. McGovern , Ms. Meng , Mr. Michaud , Mr. George Miller of California , Ms. Moore , Mr. Moran , Mr. Murphy of Florida , Ms. Norton , Mr. Pallone , Ms. Pelosi , Mr. Perlmutter , Mr. Peters of Michigan , Mr. Peters of California , Ms. Pingree of Maine , Mr. Pocan , Mr. Polis , Mr. Price of North Carolina , Mr. Quigley , Mr. Rangel , Ms. Roybal-Allard , Mr. Ruiz , Mr. Ryan of Ohio , Ms. Linda T. Sánchez of California , Mr. Sarbanes , Ms. Schakowsky , Mr. Schiff , Mr. Schneider , Ms. Schwartz , Mr. Scott of Virginia , Ms. Shea-Porter , Mr. Sires , Mr. Smith of Washington , Ms. Speier , Mr. Swalwell of California , Mr. Takano , Mr. Thompson of California , Mr. Tierney , Ms. Titus , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Ms. Wasserman Schultz , Mr. Waxman , Mr. Welch , Ms. Wilson of Florida , Mr. Yarmuth , Ms. Bass , Ms. Brown of Florida , Mr. Butterfield , Mr. Cleaver , Mr. Crowley , Ms. Eshoo , Mr. Gene Green of Texas , Mr. Grijalva , Mr. Gutiérrez , Mr. Kildee , Mrs. Napolitano , Mr. Pastor of Arizona , Mr. Payne , Mr. Veasey , Ms. Waters , Mr. McNerney , Mr. Higgins , Ms. Sinema , Mr. Horsford , and Mr. Becerra ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Energy and Commerce and 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 ensure that employers cannot interfere in their employees’ birth control and other health care decisions.
1. Short title This Act may be cited as the Protect Women's Health From Corporate Interference Act of 2014 . 2. Purpose The purpose of this Act is to ensure that employers that provide health benefits to their employees cannot deny any specific health benefits, including contraception coverage, to any of their employees or the covered dependents of such employees entitled by Federal law to receive such coverage. 3. Findings Congress finds as follows: (1) Access to the full range of health benefits and preventive services, as guaranteed under Federal law or through Federal regulations, provides all Americans with the opportunity to lead healthier and more productive lives. (2) Birth control is a critical health care service for women. Ninety-nine percent of sexually active women use birth control at least once in their lifetimes, and the Centers for Disease Control and Prevention declared it one of the Ten Great Public Health Achievements of the 20th Century. While the most common reason women use contraception is to prevent pregnancy, 58 percent of oral contraceptive users cite noncontraceptive health benefits as reasons for using the method. Fourteen percent of birth control pill users, more than 1,500,000 women, rely on birth control pills for noncontraceptive purposes only. (3) In addition to providing health benefits for women, access to birth control has been directly connected to women’s economic success and ability to participate in society equally. Women with access to birth control are more likely to have higher educational achievement and career achievement, and to be paid higher wages. (4) The independent, nonprofit Institute of Medicine recommends, as part of its recommended preventive health measures, that women’s preventive health be covered by health plans with no cost-sharing to promote optimal health of women. The Institute of Medicine noted that the contraceptive methods recommendation was one of the most important recommendations for women. (5) Affordability has long been a barrier to women being able to use birth control and other preventive health services effectively. A national survey of women who were currently using some form of contraception found that one-third would switch to a different method of contraception if they did not have to worry about cost. Women citing cost concerns were twice as likely as other women to rely on less effective methods of contraception. (6) Three separate studies have found that lack of health coverage is significantly associated with reduced use of prescription contraceptives. (7) Cost-sharing requirements can dramatically reduce the use of preventive health care measures, particularly among lower-income women. Studies have shown that eliminating cost-sharing for the most effective forms of contraception (intrauterine devices, implants, and injectables) leads to sizable increases in the use of these methods. (8) The Patient Protection and Affordable Care Act ( Public Law 111–148 ) sought to remove the barrier to care by requiring all new health plans to cover recommended preventive services without cost-sharing, which include women’s preventative services. These services include all methods of contraception and sterilization approved by the Food and Drug Administration and related education and counseling, as prescribed by a health care provider. (9) The contraceptive coverage provision has been a success in increasing access to this critical health service for women. As of 2013, 47,000,000 women were covered by this requirement. Women have saved $483,000,000 in out-of-pocket costs for oral contraceptives with no copayments in 2013 compared to 2012. (10) The Journal of the American Medical Association reports that 7 out of 10 people in the United States support coverage of contraception, with significantly higher support among women, Hispanic Americans, and Black Americans. (11) An estimated 76,000,000 people in the United States, including 30,000,000 women, are newly eligible for expanded preventive services coverage under the Patient Protection and Affordable Care Act. A total of 48,500,000 women are estimated to benefit from preventive services coverage without cost-sharing. (12) The most appropriate method of contraception varies according to each individual woman’s needs and medical history. Women may have medical contraindications and thus not be able to use certain types of contraceptive methods. It is therefore vital that the full range of contraceptive methods approved by the Food and Drug Administration be available in order to ensure that each woman, in consultation with her medical provider, can make appropriate decisions about her health care. (13) Covering proven preventative services like contraception lowers health care spending as it improves health. The Federal Government experienced no increase in costs at all after it began covering contraceptives for Federal employees. A study by the National Business Group on Health estimated that it costs employers 15 to 17 percent more to not provide contraceptive coverage in employee health plans, accounting for the employer’s direct medical costs of pregnancy and indirect costs related to employee absence and reduced productivity. (14) Dozens of cases have been filed in Federal court by employers that want to take this benefit away from their employees and the covered dependents of such employees. (15) On June 30, 2014, the Supreme Court held, in Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burwell, that some for-profit corporations can take away the birth control coverage guaranteed to their employees and the covered dependents of such employees through their group health plan. (16) In a dissent in those cases, Justice Ruth Bader Ginsburg states that in this decision of startling breadth … the exemption sought by Hobby Lobby and Conestoga … would deny legions of women who do not hold their employers’ beliefs access to contraceptive coverage that the ACA would otherwise secure. Justice Ginsburg also notes that the decision opens up the door to religiously grounded employer objections to a whole host of health care services like blood transfusions …. antidepressants … medications derived from pigs, including anesthesia … and vaccinations. . (17) The Supreme Court’s decision in those cases allows employers, that otherwise provide coverage of preventive health services, to deny their employees and the covered dependents of such employees contraceptive coverage and to treat a critical women’s health service differently than other comparable services. Legislation is needed to clarify that employers may not discriminate against their employees and dependents. (18) It is imperative that Congress act to reinstate contraception coverage and to protect employees and the covered dependents of such employees from other attempts to take away coverage for other health benefits to which such employees and dependents are entitled under Federal law. 4. Ensuring coverage of specific benefits (a) In general An employer that establishes or maintains a group health plan for its employees (and any covered dependents of such employees) shall not deny coverage of a specific health care item or service with respect to such employees (or dependents) where the coverage of such item or service is required under any provision of Federal law or the regulations promulgated thereunder. A group health plan, as defined in section 733(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1191b(a) ), sponsored by an employer, employee organization, or both, and any health insurance coverage, as defined in section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg–91) is required to provide coverage required under the Public Health Service Act, including section 2713 of such Act ( 42 U.S.C. 300gg–13 ), in addition to other applicable requirements. (b) Application Subsection (a) shall apply notwithstanding any other provision of Federal law, including Public Law 103–141. (c) Regulations The regulations contained in sections 54.9815-2713A of title 26, 2590.715-2713A of title 29, and 147.131 of title 45, Code of Federal Regulations, shall apply with respect to this section. The Departments of Labor, Health and Human Services, and the Treasury may modify such regulations consistent with the purpose and findings of this Act. (d) Enforcement The provisions of this Act shall apply to plan sponsors, group health plans, and health insurance issuers as if enacted in the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. ), the Public Health Service Act (42 U.S.C. 201 et seq.), and the Internal Revenue Code of 1986. Any failure by a plan sponsor, group health plan, or health insurance issuer to comply with the provisions of this Act shall be subject to enforcement through part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1131 et seq. ), section 2723 of the Public Health Service Act ( 42 U.S.C. 300gg–22 ), and section 4980D of the Internal Revenue Code of 1986.
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113-hr-5052
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I 113th CONGRESS 2d Session H. R. 5052 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Daines (for himself and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to protect and conserve species and the lawful possession of certain ivory in the United States, and for other purposes.
1. Short Title This Act may be cited as the Lawful Ivory Protection Act of 2014 . 2. Amendment to Endangered Species Act of 1973 Section 11(f) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(f) ) is amended— (1) by inserting (1) after the subsection heading; and (2) by adding at the end the following: (2) (A) Except as provided in this paragraph, regulations promulgated under paragraph (1), including policies, orders, or practices pursuant to such regulations, may not— (i) prohibit or restrict the possession, sale, delivery, receipt, shipping, or transportation, within the United States, of elephant ivory that has been lawfully imported into the United States; (ii) change any methods of, or standards for, determining if such ivory has been lawfully imported that were in effect on February 24, 2014, including any applicable presumptions and burdens of proof with respect to such determinations; (iii) prohibit or restrict the importation of such ivory that was lawfully importable into the United States on February 24, 2014; or (iv) prohibit or restrict the possession of such ivory that was lawfully possessable in the United States on February 24, 2014. (B) Subparagraph (A) does not apply to regulations, including policies, orders, or practices pursuant to such regulations, that were in effect on February 24, 2014. (C) Regulations promulgated under paragraph (1), including policies, orders, or practices pursuant to such regulations, that became effective during the period beginning on February 25, 2014, and ending on the date of enactment of this paragraph, shall be revised, as necessary, to comply with the requirements specified in subparagraph (A) for regulations promulgated after such date of enactment. .
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113-hr-5053
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I 113th CONGRESS 2d Session H. R. 5053 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to provide for the expedited removal of unaccompanied alien children who are not victims of a severe form of trafficking in persons and who do not have a fear of returning to their country of nationality or last habitual residence, and for other purposes.
1. Short title This Act may be cited as the Expedited Family Reunification Act of 2014 . 2. Findings Congress finds the following: (1) President Obama, on June 15, 2012, during the Rose Garden speech, announced a unilateral administrative change in United States immigration policy that the administration will not enforce broad swaths of immigration laws, including that the administration would not deport illegal immigrants brought to the United States as young children. (2) An estimated 90,000 unaccompanied alien children are likely to illegally enter the United States this year alone. (3) These children are targeted by human traffickers, drug cartels, and other criminal organizations, and run the risk of being kidnapped, raped, killed, or otherwise harmed. (4) Returning these illegal immigrants to their families in their home countries would allow them to be safe, free from harm, and help reduce future flow. 3. Repatriation of unaccompanied alien children Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended— (1) in paragraph (2)— (A) by amending the heading to read as follows: Rules for unaccompanied alien children. ; (B) in subparagraph (A), in the matter preceding clause (i), by striking who is a national or habitual resident of a country that is contiguous with the United States ; and (C) in subparagraph (C)— (i) by amending the heading to read as follows: Agreements with foreign countries ; and (ii) in the matter preceding clause (i), by inserting after countries contiguous to the United States the following , as well as Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, and any other foreign country that the Secretary determines appropriate, ; and (2) in paragraph (5)(D), in the matter preceding clause (i), by striking , except for an unaccompanied alien child from a contiguous country subject to the exceptions under subsection (a)(2), and inserting who does not meet the criteria listed in paragraph (2)(A) . 4. Applicability The amendments made by section 2 shall apply to any unaccompanied alien child who was apprehended on or after June 15, 2012.
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113-hr-5054
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I 113th CONGRESS 2d Session H. R. 5054 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mrs. Kirkpatrick introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish within the Department of Veterans Affairs an Office of Whistleblower and Patient Protection.
1. Short title This Act may be cited as the Veterans’ Whistleblower and Patient Protection Act of 2014 . 2. Establishment of Office of Whistleblower and Patient Protection (a) In general Chapter 3 of title 38, United States Code, is amended by inserting after section 319 the following new section: 319A. Office of Whistleblower and Patient Protection (a) Establishment (1) There is in the Department an Office of Whistleblower and Patient Protection (in this section referred to as the Office ). There is at the head of the Office a Director appointed by the Secretary solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (2) The Director shall be a career appointee in the Senior Executive Service. (3) The Director reports directly to the Secretary concerning matters within the responsibility of the Office. (b) Complaints (1) The Director shall establish a dedicated Internet website and toll-free telephone number for an individual, regardless of whether the individual is an employee of the Department, to file a covered complaint directly to the Office. (2) (A) In addition to covered complaints filed directly with the Office pursuant to paragraph (1), the Secretary shall refer to the Director any covered complaint that the Secretary receives directly, including pursuant to the Patient Advocacy Program of the Veterans Health Administration or other similar program, or that is transmitted to the Secretary pursuant to section 1213 of title 5. In accordance with subsection (c), the Director shall investigate each such complaint. (B) The Secretary may not refer a covered complaint that the Secretary receives as described in subparagraph (A) to any element of the Department, including the Office of Medical Inspection, other than the Office. (C) The Secretary shall ensure that employees of the Department who are located at a medical facility are able to efficiently refer to the Director any covered complaints received at such medical facility. (3) The identity of any individual who files a covered complaint may not be disclosed by the Director without the consent of such individual unless the Director determines that the disclosure of the identity of the individual is necessary because of an imminent danger to public health or safety or imminent violation of any criminal law. (c) Investigation and determination (1) The Director shall investigate each covered complaint that the Office receives directly pursuant to paragraph (1) of subsection (b) or that the Secretary refers to the Director as described in paragraph (2)(A) of such subsection to determine whether there is a substantial likelihood that the covered complaint discloses a violation of any law, rule, or regulation, or gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. The Director shall make such determination not later than 240 days after the date on which the Director receives the covered complaint. The Director is the only official of the Department of Veterans Affairs who may conduct an investigation that is required to be conducted by the Department pursuant to section 1213 of title 5. (2) If the Director makes a positive determination under paragraph (1) regarding a covered complaint, the Director shall— (A) notify the Secretary of such determination, including the basis for such determination and recommendations for actions to address such covered complaint; and (B) as appropriate, refer the covered complaint to the head of the appropriate department or agency of the Federal Government, including the Attorney General, Special Counsel, or the Inspector General of the Department of Veterans Affairs. (3) (A) If the Director does not make a positive determination under paragraph (1) regarding a covered complaint, the Director— (i) upon the consent of the individual who filed the complaint, may transmit the complaint to the Secretary; and (ii) if the Director does not transmit the complaint under clause (i), shall inform the individual of— (I) the reasons for such determination; and (II) other offices of the Federal Government available for receiving such complaints if the individual wishes to pursue the matter further. (B) Within a reasonable time after a covered complaint is transmitted under subparagraph (A)(i), the Secretary shall inform the Director in writing of what action has been or is being taken and when such action will be completed. The Director shall inform the individual who filed the complaint of the report of the Secretary. (d) Staff and resources (1) The Office shall employ a sufficient number of attorneys, investigators, and other personnel as are necessary to carry out the functions of the Office, including personnel with expertise in health care matters. Attorneys shall be compensated at a level commensurate with attorneys employed by the Office of the General Counsel. (2) The Secretary shall ensure that the Director is furnished sufficient resources in addition to personnel under paragraph (1) to enable the Director to carry out the functions of the Office in a timely manner. (e) Coordination In carrying out the duties of the Office, the Director shall coordinate with the Inspector General of the Department and the Special Counsel to ensure that the actions of the Director are not duplicative with the Inspector General or the Special Counsel. (f) Reports (1) During each 90-day period, the Director shall submit to the Secretary a report that includes the following: (A) The findings and recommendations made by the Director to the Secretary during the previous 90-day period. (B) With respect to such recommendations, whether the Secretary has made any actions based on such findings during such period. (C) During such period— (i) the number of covered complaints received by the Director; (ii) the number of investigations commenced; (iii) the number of positive determinations made under paragraph (2) of subsection (c); (iv) the number of covered complaints for which a positive determination was not made pursuant to paragraph (3)(A) of such subsection; and (v) the number of covered complaints transmitted to the Secretary under such paragraph. (2) During each 180-day period, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that includes each report described in paragraph (1) submitted during the previous 180-day period and any legislative recommendations of the Secretary to address problems or concerns regarding the Office. (g) Covered complaint defined In this section, the term covered complaint means a complaint regarding— (1) an alleged prohibited personnel practice committed by an officer or employee of the Department and described in section 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of title 5; or (2) the safety of a patient at a medical facility of the Department. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 319 the following new item: 319A. Office of Whistleblower and Patient Protection. .
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113-hr-5055
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I 113th CONGRESS 2d Session H. R. 5055 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Delaney (for himself, Mr. Carney , Mr. Himes , Mr. Polis , Mr. David Scott of Georgia , Mr. Murphy of Florida , Mr. Heck of Washington , Ms. Sinema , Mr. Meeks , Mr. Foster , Mr. Welch , Mr. Owens , and Mr. Quigley ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reform the housing finance system of the United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Partnership to Strengthen Homeownership Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Ginnie Mae Sec. 101. Removal from HUD; establishment as independent entity. Sec. 102. Transfer to Ginnie Mae of powers, personnel, and property of FHFA. Sec. 103. Regulation of market participants and aggregators. Sec. 104. Regulatory consultation and coordination. Title II—Securitization and insurance Sec. 201. Issuing Platform. Sec. 202. Insurance. Sec. 203. Authority to protect taxpayers in unusual and exigent market conditions. Sec. 204. Servicing rights; representations and warranties. Sec. 205. Federal Home Loan Banks. Title III—Wind down of Fannie Mae and Freddie Mac Sec. 301. Limitation on business. Sec. 302. Risk-sharing pilot programs. Sec. 303. Continued conservatorship. Sec. 304. Mandatory receivership. Sec. 305. Repeal of enterprise charters. Sec. 306. Ginnie Mae authority regarding timing. Title IV—Multifamily housing finance Sec. 401. Establishment of multifamily subsidiaries. Sec. 402. Disposition of multifamily businesses. Sec. 403. Approval and supervision of multifamily guarantors. Sec. 404. Other forms of multifamily risk-sharing. Sec. 405. Ginnie Mae securitization of FHA risk-sharing loans. Title V—Affordable Housing Sec. 501. Affordable housing allocations. Sec. 502. Housing Trust Fund. Sec. 503. Capital Magnet Fund. Sec. 504. Market Access Fund. Title VI—General Provisions Sec. 601. Rule of construction regarding Senior Preferred Stock Purchase Agreements. Sec. 602. Treatment of community development financial institution. 2. Definitions For purposes of this Act: (1) Banking definitions The term bank and savings association have the meaning given those terms, respectively, under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (2) Certification date The term certification date means the earlier of— (A) the date on which Ginnie Mae makes the certification described under section 201(h); and (B) the date that is the end of the 2-year period beginning on the date of the enactment of this Act. (3) Charter Act The term charter Act means— (A) with respect to the Federal National Mortgage Association, the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1716 et seq. ); and (B) with respect to the Federal Home Loan Mortgage Corporation, the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1451 et seq. ). (4) Credit union The term credit union means any Federal credit union or State credit union , as such terms are defined under section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ). (5) Director The term Director means the Director of Ginnie Mae, as such position is established pursuant to the amendments made by section 101(c)(1). (6) Eligible mortgage The term eligible mortgage — (A) has the meaning given the term qualified mortgage under section 129C(b)(2)(A) of the Truth in Lending Act ( 15 U.S.C. 1639c ), as such meaning may be adjusted by the Director if the Director determines such adjustment is appropriate; and (B) includes such other minimum standards as may be established by the Platform, to ensure the quality of mortgages used to collateralize mortgage-backed securities issued by the Platform. (7) Eligible multifamily mortgage loan The term eligible multifamily mortgage loan means a commercial real estate loan— (A) secured by a property with— (i) 5 or more residential units; or (ii) 2 or more residential units, if the requirement under clause (i) is waived by the Director for purposes of carrying out a demonstration or pilot program; (B) the primary source of repayment for which is expected to be derived from rental income generated by the property; (C) the term of which may not be less than 5 years but not more than 40 years; (D) that satisfies any additional underwriting criteria established by the Director to balance supporting access to capital with managing credit risk to the Fund, including— (i) a maximum loan-to-value ratio; (ii) a minimum debt service coverage ratio; and (iii) considerations for restrictive or special uses of a property, including non-residential uses, properties for seniors, manufactured housing, and affordability restrictions, and the impact of such uses on clauses (i) and (ii); and (E) that satisfies any additional underwriting criteria that may be established by the Director. (8) Enterprise The term enterprise means— (A) the Federal National Mortgage Association and any affiliate thereof; and (B) the Federal Home Loan Mortgage Corporation and any affiliate thereof. (9) Fund The term Fund means the insurance fund established under section 202(g). (10) Ginnie Mae The term Ginnie Mae means the Government National Mortgage Association. (11) Market participant The term market participant means any insurance company, bank, saving association, credit union, or real estate investment trust insuring or reinsuring any part of a security issued by the Platform. (12) Participating aggregator The term participating aggregator means an aggregator of eligible mortgages that collateralize mortgage-backed securities issued by the Platform pursuant to title II. (13) Platform The term Platform means the Issuing Platform established under section 201(a). (14) Real estate investment trust The term real estate investment trust has the meaning given such term under section 856(a) of the Internal Revenue Code of 1986. I Ginnie Mae 101. Removal from HUD; establishment as independent entity (a) In general Paragraph (2) of section 302(a) of the National Housing Act ( 12 U.S.C. 1717(a)(2) ) is amended by striking in the Department of Housing and Urban Development and inserting independent of any other agency or office in the Federal Government . (b) Conforming amendments Title III of the National Housing Act ( 12 U.S.C. 1716 et seq. ) is amended— (1) in section 306(g)(3)(D) ( 12 U.S.C. 1721(g)(3)(D) ), by striking Secretary and inserting Association ; (2) in section 307 ( 12 U.S.C. 1722 ), by striking Secretary of Housing and Urban Development and inserting Association ; and (3) in section 317 ( 12 U.S.C. 1723i )— (A) in subsection (a)(1), by striking Secretary of Housing and Urban Development and inserting Director of the Association ; (B) in subsection (c)(4), by striking Secretary’s and inserting Director of the Association’s ; (C) in subsection (d)(1), by striking Secretary’s and inserting Director of the Association’s ; (D) in the heading for subsection (f), by striking by Secretary ; and (E) by striking Secretary each place such term appears and inserting Director of the Association . (c) Management; Director (1) Independence and term Subsection (a) of section 308 of the National Housing Act ( 12 U.S.C. 1723(a) ) is amended— (A) in the first sentence— (i) by striking Secretary of Housing and Urban Development and inserting Director of the Association appointed pursuant to this subsection ; and (ii) by striking of the Secretary and inserting of the Director ; (B) in the second sentence, by striking Secretary and inserting Director ; (C) in the third sentence— (i) by striking in the Department of Housing and Urban Development ; and (ii) by inserting before the period at the end the following: , and shall be appointed for a term of 5 years, unless removed before the end of such term for cause by the President ; (D) in the last sentence, by striking Secretary and inserting Director ; and (E) by adding at the end the following undesignated paragraph: A vacancy in the position of Director that occurs before the expiration of the term for which a Director was appointed shall be filled in the manner established under paragraph (1), and the Director appointed to fill such vacancy shall be appointed only for the remainder of such term. If the Senate has not confirmed a Director, the President may designate either the individual nominated but not yet confirmed for the position of Director or another individual, to serve as the Acting Director, and such Acting Director shall have all the rights, duties, powers, and responsibilities of the Director, until such time as a Director is confirmed by the Senate. An individual may serve as the Director after the expiration of the term for which appointed until a successor has been appointed or confirmed. . (2) Conforming amendment Section 5315 of title 5, United States Code, is amended, in the item relating to the President of the Government National Mortgage Association, by striking . Department of Housing and Urban Development . (d) Membership on FSOC The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended— (1) in section 2, by amending paragraph (12)(E) to read as follows: (E) the Government National Mortgage Association, with respect to— (i) the Mortgage Insurance Fund established under section 202(g) of the Partnership to Strengthen Homeownership Act of 2014 ; and (ii) the Federal Home Loan Banks or the Federal Home Loan Bank System. ; and (2) in section 111(b)(1)(H), by striking Director of the Federal Housing Finance Agency and inserting Director of the Government National Mortgage Association . (e) Personnel Subsection (d) of section 309 of the National Housing Act ( 12 U.S.C. 1723a(d) ) is amended by striking (d)(1) and all that follows through the end of paragraph (1) and inserting the following: (d) Personnel (1) Ginnie Mae (A) In general The Director of the Association may appoint and fix the compensation of such officers and employees of the Association as the Director considers necessary to carry out the functions of the Association. Officers and employees may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. (B) Development of human resources In carrying out this subsection, Ginnie Mae shall appoint and develop human capital (which shall have such meaning as determined by Ginnie Mae, in consultation with the Board of Governors of the Federal Reserve, taking into consideration differences between the banking and insurance industries) necessary to ensure that it possesses sufficient expertise regarding the insurance industry and insurance issues. (C) Comparability of compensation with federal banking agencies In fixing and directing compensation under subparagraph (A), the Director of the Association shall consult with, and maintain comparability with, compensation of officers and employees of the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation. (D) Personnel of other federal agencies In carrying out the duties of the Association, the Director of the Association may use information, services, staff, and facilities of any executive agency, independent agency, or department on a reimbursable basis, with the consent of such agency or department. (E) Outside experts and consultants Notwithstanding any provision of law limiting pay or compensation, the Director of the Association may appoint and compensate such outside experts and consultants as such Director determines necessary to assist the work of the Association. . (f) Transitional provision Notwithstanding this section and the amendments made by this section, during the period beginning on the date of the enactment of this Act, and ending on the date on which the Director of the Government National Mortgage Association is appointed and confirmed pursuant to section 308 of the National Housing Act, as amended by this section, the person serving as the President of the Government National Mortgage Association on that effective date shall act for all purposes as, and with the full powers of, the Director of the Association. (g) References On and after the date of the enactment of this Act, any reference in Federal law to the President of the Government National Mortgage Association or to such Association shall be deemed to be a reference to such Director of such Association or to such Association, as appropriate, as organized pursuant to this subsection and the amendments made by this section. 102. Transfer to Ginnie Mae of powers, personnel, and property of FHFA (a) Powers and duties transferred (1) Federal Home Loan Bank functions transferred (A) Transfer of functions There are transferred to Ginnie Mae and the Director of Ginnie Mae all functions of the Federal Housing Finance Agency and the Director of the Federal Housing Finance Agency, respectively. (B) Powers, authorities, rights, and duties Ginnie Mae and the Director of Ginnie Mae shall succeed to all powers, authorities, rights, and duties that were vested in the Federal Housing Finance Agency and the Director of the Federal Housing Finance Agency, respectively, including all conservatorship or receivership authorities, on the day before the transfer date in connection with the functions and authorities transferred under subparagraph (A). (C) Transfer date The transfer of functions under this paragraph shall take effect upon the expiration of the 6-month period beginning on the date of the enactment of this Act. (2) Continuation and coordination of certain actions (A) In general All regulations, orders, determinations, and resolutions described under subparagraph (B) shall remain in effect according to the terms of such regulations, orders, determinations, and resolutions, and shall be enforceable by or against Ginnie Mae until modified, terminated, set aside, or superseded in accordance with applicable law by Ginnie Mae, any court of competent jurisdiction, or operation of law. (B) Applicability A regulation, order, determination, or resolution is described under this subparagraph if it— (i) was issued, made, prescribed, or allowed to become effective by— (I) the Federal Housing Finance Agency; or (II) a court of competent jurisdiction, and relates to functions transferred by this subsection; (ii) relates to the performance of functions that are transferred by this subsection; and (iii) is in effect on the transfer date under paragraph (1)(C). (3) Disposition of affairs During the period preceding the transfer date under paragraph (1)(C), the Director of the Federal Housing Finance Agency, for the purpose of winding up the affairs of the Federal Housing Finance Agency in connection with the performance of functions that are transferred by this section— (A) shall manage the employees of such Agency and provide for the payment of the compensation and benefits of any such employees which accrue before such transfer date; and (B) may take any other action necessary for the purpose of winding up the affairs of the Office. (4) Use of property and services (A) Property Ginnie Mae may use the property and services of the Federal Housing Finance Agency to perform functions which have been transferred to Ginnie Mae until such time as the Agency is abolished under subsection (c) to facilitate the orderly transfer of functions transferred under this subsection, any other provision of this Act, or any amendment made by this Act to any other provision of law. (B) Agency services Any agency, department, or other instrumentality of the United States, and any successor to any such agency, department, or instrumentality, that was providing supporting services to the Agency before the transfer date in connection with functions that are transferred to Ginnie Mae shall— (i) continue to provide such services, on a reimbursable basis, until the transfer of such functions is complete; and (ii) consult with any such agency to coordinate and facilitate a prompt and reasonable transition. (5) Continuation of services Ginnie Mae may use the services of employees and other personnel of the Federal Housing Finance Agency, on a reimbursable basis, to perform functions which have been transferred to Ginnie Mae for such time as is reasonable to facilitate the orderly transfer of functions pursuant to this subsection, any other provision of this Act, or any amendment made by this Act to any other provision of law. (6) Savings provisions (A) Existing rights, duties, and obligations not affected Paragraph (1) and subsection (c) shall not affect the validity of any right, duty, or obligation of the United States, the Director of the Federal Housing Finance Agency, the Federal Housing Finance Agency, or any other person, that existed on the day before the transfer date under paragraph (1)(C). (B) Continuation of suits No action or other proceeding commenced by or against the Director of the Federal Housing Finance Agency in connection with the functions that are transferred to Ginnie Mae under this subsection shall abate by reason of the enactment of this Act, except that Ginnie Mae shall be substituted for the Director of the Federal Housing Finance Agency as a party to any such action or proceeding. (b) Transfer and rights of employees of FHFA (1) Transfer Each employee of the Federal Housing Finance Agency that is employed in connection with functions that are transferred to Ginnie Mae under subsection (a) shall be transferred to Ginnie Mae for employment, not later than the transfer date under subsection (a)(1)(C), and such transfer shall be deemed a transfer of function for purposes of section 3503 of title 5, United States Code. (2) Status of employees The transfer of functions under this section, and the abolishment of the Federal Housing Finance Agency under subsection (c), may not be construed to affect the status of any transferred employee as an employee of an agency of the United States for purposes of any other provision of law. (3) Guaranteed positions Each employee transferred under paragraph (1) shall be guaranteed a position with the same status, tenure, grade, and pay as that held on the day immediately preceding the transfer. (4) Appointment authority for excepted employees (A) In general In the case of an employee occupying a position in the excepted service, any appointment authority established under law or by regulations of the Office of Personnel Management for filling such position shall be transferred, subject to subparagraph (B). (B) Decline of transfer Ginnie Mae may decline a transfer of authority under subparagraph (A), to the extent that such authority relates to a position excepted from the competitive service because of its confidential, policymaking, policy-determining, or policy-advocating character. (5) Reorganization If Ginnie Mae determines, after the end of the 1-year period beginning on the transfer date under subsection (a)(1)(C), that a reorganization of the combined workforce is required, that reorganization shall be deemed a major reorganization for purposes of affording affected employee retirement under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code. (6) Employee benefit programs (A) In general Any employee of the Federal Housing Finance Agency accepting employment with Ginnie Mae as a result of a transfer under paragraph (1) may retain, for 12 months after the date on which such transfer occurs, membership in any employee benefit program of the Agency or Ginnie Mae, as applicable, including insurance, to which such employee belongs on the transfer date under subsection (a)(1)(C) if— (i) the employee does not elect to give up the benefit or membership in the program; and (ii) the benefit or program is continued by Ginnie Mae. (B) Cost differential (i) In general The difference in the costs between the benefits which would have been provided by the Federal Housing Finance Agency and those provided by this subsection shall be paid by Ginnie Mae. (ii) Health Insurance If any employee elects to give up membership in a health insurance program or the health insurance program is not continued by Ginnie Mae, the employee shall be permitted to select an alternate Federal health insurance program not later than 30 days after the date of such election or notice, without regard to any other regularly scheduled open season. (c) Abolishment of FHFA Effective upon the transfer date under subsection (a)(1)(C), the Federal Housing Finance Agency and the position of the Director of the Federal Housing Finance Agency are abolished. (d) Transfer of property and facilities Effective upon the transfer date under subsection (a)(1)(C), all property of the Federal Housing Finance Agency shall transfer to Ginnie Mae. (e) References in Federal law On and after the transfer date under subsection (a)(1)(C), any reference in Federal law to the Director of the Federal Housing Finance Agency or the Federal Housing Finance Agency, in connection with any function of the Director of the Federal Housing Finance Agency or the Federal Housing Finance Agency transferred under subsection (a), shall be deemed a reference to the Director of the Government National Mortgage Association or the Government National Mortgage Association, as appropriate and consistent with the amendments made by this Act. 103. Regulation of market participants and aggregators (a) Approval authority The Platform shall be available for use only by originators and aggregators of mortgages who meet standards for eligibility for such use, as shall be established by the Director of Ginnie Mae (in this section referred to as the Director ). (b) General supervisory and regulatory authority Pursuant to the authority under subsection (a): (1) In general All market participants and participating aggregators shall, to the extent provided in this section, be subject to the supervision and regulation of the Director. (2) Authority over market participants and participating aggregators Ginnie Mae shall have general regulatory authority over each market participant and participating aggregator and shall exercise such general regulatory authority to ensure that the purposes of this section are carried out. (c) Principal duties Among the principal duties of the Director pursuant to subsection (b) shall be— (1) to oversee the prudential operations of each market participant and participating aggregator; and (2) to ensure that— (A) each market participant and participating aggregator operates in a safe and sound manner, including maintenance of adequate capital and internal controls; and (B) each market participant and participating aggregator complies with this section and the rules, regulations, guidelines, and orders issued under this section. (d) Prudential management and operations standards (1) Establishment The Director shall establish prudential standards, by regulation or guideline, for market participants and participating aggregators to— (A) ensure— (i) the safety and soundness of market participants and participating aggregators; and (ii) the maintenance of approval standards by market participants and participating aggregators; and (B) minimize the risk presented to the Fund. (2) Recognition of distinctions In carrying out the requirement under paragraph (1), the Director shall distinguish between prudential standards for market participants and such standards for participating aggregators. (e) Authority To require reports (1) Regular reports The Director may require, by general or specific orders, a market participant or participating aggregator to submit regular reports, including financial statements determined on a fair value basis, on the condition (including financial condition), management, activities, or operations of the market participant or participating aggregator, as the Director considers appropriate. (2) Special reports The Director may require, by general or specific orders, a market participant or participating aggregator to submit special reports on any of the topics specified in paragraph (1) or any other relevant topics, if, in the judgment of the Director, such reports are necessary to carry out the purposes of this Act. (f) Examinations and audits The Director may conduct such examinations and audits, including on-site examinations and audits, of market participants and participating aggregators as the Director considers appropriate to ensure compliance with this Act, to determine the condition of market participants and participating aggregators for the purpose of determining and ensuring their financial safety and soundness, and otherwise in any case that the Director determines an examination is necessary or appropriate. (g) Conflict of interest standards The Director shall establish standards, by regulation or guideline, for market participants and participating aggregators as the Director considers appropriate to avoid any conflicts of interest among market participants. (h) Stress tests for sufficient capital The Director, in consultation with the Board of Governors of the Federal Reserve, shall— (1) establish and carry out such risk-based capital tests as appropriate to evaluate whether each market participant and participating aggregator is maintaining a level of capital sufficient to absorb losses and support operations during adverse economic conditions so that they do not pose undue risks to their communities, other institutions, or the broader economy; and (2) establish capital standards for market participants and participating aggregators based on such tests, which shall include the following classifications: well capitalized, adequately capitalized, undercapitalized, significantly undercapitalized, and critically undercapitalized. (i) Enforcement The Corporation shall have the authority to enforce the provisions of this Act with respect to market participants and participating aggregators, in the same manner and to the same extent as the Federal Deposit Insurance Corporation has with respect to insured depository institutions under the provisions of subsections (b) through (n) of section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 ). (j) Requirement To maintain approved status (1) Authority to issue order If the Director determines that a market participant or a participating aggregator under this section no longer meets the standards for such approval or violates the requirements under this Act, including any standards, regulations, or orders promulgated in accordance with this Act, the Director may— (A) suspend or revoke the status of the market participant or participating aggregator as approved to utilize the Platform; or (B) take any other action with respect to such market participant or a participating aggregator as may be authorized under this Act. (2) Rule of construction The suspension or revocation of the approved status of a market participant or a participating aggregator under this section shall have no effect on the status as an insured security of any security collateralized by eligible mortgages and insured prior to the suspension or revocation. (3) Publication The Director shall— (A) promptly publish a notice in the Federal Register upon suspension or revocation of the approval of any market participant or a participating aggregator; and (B) maintain an updated list of such approved market participants and participating aggregators on the website of Ginnie Mae. (4) Definition In this subsection, the term violate includes any action, taken alone or with others, for or toward causing, bringing about, participating in, counseling, or aiding or abetting, a violation of the requirements under this Act. (k) Resolution authority (1) In general Notwithstanding any other provision of Federal law, the law of any State, or the constitution of any State, the Director shall— (A) have the authority to act, in the same manner and to the same extent, with respect to a market participant or participating aggregator that the Director determines pursuant to is classified as critically undercapitalized pursuant to subsection (h)(2), as the Federal Deposit Insurance Corporation has with respect to insured depository institutions under subsections (c) through (s) of section 11 of the Federal Deposit Insurance Act ( 12 U.S.C. 1821 ), section 12 of the Federal Deposit Insurance Act ( 12 U.S.C. 1822 ), and section 13 of the Federal Deposit Insurance Act ( 12 U.S.C. 1823 ), while tailoring such actions to the specific business model of the market participant or participating aggregator, as the case may be, as may be necessary to properly exercise such authority under this subsection; (B) in carrying out any authority provided under subparagraph (A), act, in the same manner and to the same extent, with respect to the Fund as the Federal Deposit Insurance Corporation may act with respect to the Deposit Insurance Fund under the provisions of the Federal Deposit Insurance Act set forth in subparagraph (A); and (C) consistent with the authorities provided in subparagraph (A), immediately place an insolvent market participant or participating aggregator into receivership. (2) Rule of construction Notwithstanding paragraph (1), if an insolvent participating aggregator is an insured depository institution or an affiliate of an insured depository institution, the Director shall recommend, in writing, to such participating aggregator’s appropriate Federal banking agency or State banking regulator to resolve such participating aggregator pursuant to section 11(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1821(c) ) and other appropriate sections of the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) or appropriate Federal or State law, as applicable. (3) Least-cost resolution required The Director may not exercise any authority under paragraph (1) with respect to any market participant or any participating aggregator that is not an insured depository institution or an affiliate of an insured depository institution, unless— (A) the Director determines that the exercise of such authority is necessary to ensure proper and continued functioning of the secondary mortgage market; and (B) the total amount of the expenditures by the Director and obligations incurred by the Director in connection with the exercise of any such authority with respect to such market participant or participating aggregator is the least costly to the Fund, consistent with the least cost approach specified in the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ), of all possible methods for meeting Ginnie Mae’s obligations under this Act and expeditiously concluding its resolution activities. (4) Taxpayer protection The Director, in carrying out any authority provided in this subsection, shall ensure that any amounts owed to the United States, unless the United States agrees or consents otherwise, shall have priority following administrative expenses of the receiver when satisfying unsecured claims against a market participant or participating aggregator, or the receiver therefor, that are proven to the satisfaction of the receiver. 104. Regulatory consultation and coordination (a) Consultation permitted The Director may, in carrying out any duty, responsibility, requirement, or action authorized under this Act, consult with the Federal regulatory agencies, any individual Federal regulatory agency, the Secretary of the Treasury, any State banking regulator, any State insurance regulator, and any other State agency, as the Director necessary and appropriate. (b) Coordination required The Director shall, as appropriate, in carrying out any duty, responsibility, requirement, or action authorized under this Act, coordinate with the Federal regulatory agencies, any individual Federal regulatory agency, the Secretary of the Treasury, any State banking regulator, any State insurance regulator, any other State agency. (c) Avoidance of duplication To the fullest extent possible, the Director shall— (1) avoid duplication of examination activities, reporting requirements, and requests for information; (2) rely on examination reports made by other Federal or State regulatory agencies relating to an approved entity and its subsidiaries, if any; and (3) ensure that market participants and participating aggregators are not subject to conflicting supervisory demands by Ginnie Mae and other Federal regulatory agencies. (d) Protection of privileges (1) In general Pursuant to the authorities provided under subsections (a) and (b), to facilitate the consultative process and coordination, the Director may share information with the Federal regulatory agencies, any individual Federal regulatory agency, the Secretary of the Treasury, any State bank supervisor, any State insurance regulator, any other State agency, or any foreign banking authority, on a one-time, regular, or periodic basis, as determined by the Director, regarding the capital assets and liabilities, financial condition, risk management practices, or any other practice of any market participant or participating aggregator. (2) Privilege preserved Information shared by the Director pursuant to paragraph (1) shall not be construed as waiving, destroying, or otherwise affecting any privilege or confidential status that any market participant, participating aggregator, or any other person may claim with respect to such information under Federal or State law as to any person or entity other than such agencies, agency, supervisor, or authority. (3) Rule of construction No provision of this subsection may be construed as implying or establishing that— (A) any person waives any privilege applicable to information that is shared or transferred under any circumstance to which this subsection does not apply; or (B) any person would waive any privilege applicable to any information by submitting the information directly to the Federal regulatory agencies, any individual Federal regulatory agency, any State bank supervisor, any State insurance regulator, any other State agency, or any foreign banking authority, but for this subsection. (e) Federal agency authority preserved Unless otherwise expressly provided by this section, no provision of this section shall limit or be construed to limit, in any way, the existing authority of any Federal agency. (f) Federal regulatory agency For purposes of this section, the term Federal regulatory agency means, individually, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Bureau of Consumer Financial Protection, the National Credit Union Administration, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Federal Housing Finance Agency. II Securitization and insurance 201. Issuing Platform (a) Establishment (1) In general There is established within Ginnie Mae an entity to be known as the Issuing Platform (the Platform ), which shall issue standardized mortgage-backed securities to increase homogeneity in the eligible securities market. (2) Authorities The Platform may— (A) make contracts, incur liabilities, and borrow money; (B) purchase, sell, receive, hold, and use real and personal property; (C) create, execute, and administer trusts; and (D) take such actions as the Platform determines are necessary or incidental to carry out the Platform’s duties under this Act. (b) Delivery of pool to the Platform A mortgage originator or aggregator that wishes to make use of the Platform and have Ginnie Mae insure the securities issued by the Platform shall deliver to the Platform a pool of eligible mortgage loans. (c) Securitization The Platform shall, upon receiving a pool of eligible mortgages— (1) create standardized mortgage-backed securities collateralized by such mortgages; and (2) transfer the standardized mortgage-backed securities to the mortgage originator or aggregator from which the Platform received the pool of eligible mortgages that are collateralizing the securities or the designee of such originator or aggregator. (d) Standardized criteria for securities In issuing securities under this section, the Platform shall establish standardized criteria for such securities, including— (1) uniform loan delivery, servicing, and pooling requirements; (2) remittance requirements; (3) underwriting guidelines and refinance programs; (4) the credit quality of the guarantee provided to each security; (5) servicing standards and loan repurchase policies; (6) disclosure policies; (7) security terms and features; and (8) standards for the appropriate minimum level of diversification for the mortgage loans that collateralize such securities, in order to reduce the credit risk such securities could pose to the Fund. (e) Securitization fee The Platform shall charge a fee for securitization services provided under this section. Such fee shall be set by the Director and shall be in an amount sufficient to offset the costs to the Platform of carrying out this section. (f) Loan limits; Housing Price Index (1) Establishment Ginnie Mae shall establish limitations governing the maximum original principal obligation of eligible mortgage loans that may collateralize a security issued under this Act. (2) Calculation of amount The limitation set forth under paragraph (1) shall be calculated with respect to the total original principal obligation of the eligible mortgage loan and not merely with respect to the amount insured by Ginnie Mae. (3) Maximum limits (A) In general Except as provided in subparagraph (B), the maximum limitation amount under this paragraph shall not exceed $417,000 for a mortgage loan secured by a 1-family residence, for a mortgage loan secured by a 2-family residence the limit shall equal 128 percent of the limit for a mortgage loan secured by a 1-family residence, for a mortgage loan secured by a 3-family residence the limit shall equal 155 percent of the limit for a mortgage loan secured by a 1-family residence, and for a mortgage loan secured by a 4-family residence the limit shall equal 192 percent of the limit for a mortgage loan secured by a 1-family residence, except that such maximum limitations shall be adjusted effective January 1 of each year beginning after the effective date of this Act, subject to the limitations in this subsection. Each adjustment shall be made by adding to each such amount (as it may have been previously adjusted) a percentage thereof equal to the percentage increase, during the most recent 12-month or 4-quarter period ending before the time of determining such annual adjustment, in the housing price index maintained by Ginnie Mae pursuant to paragraph (4). If the change in such house price index during the most recent 12-month or 4-quarter period ending before the time of determining such annual adjustment is a decrease, then no adjustment shall be made for the next year, and the next upward adjustment shall take into account prior declines in the house price index, so that any adjustment shall reflect the net change in the house price index since the last adjustment. Declines in the house price index shall be accumulated and then reduce increases until subsequent increases exceed prior declines. (B) High-cost area limits The limitations set forth in subparagraph (A) may be increased by not more than 50 percent with respect to properties located in Alaska, Guam, Hawaii, and the Virgin Islands. Such foregoing limitations shall also be increased, with respect to properties of a particular size located in any area for which 115 percent of the median house price for such size residence exceeds the limitation for such size residence set forth under subparagraph (A), to the lesser of 150 percent of such limitation for such size residence or the amount that is equal to 115 percent of the median house price in such area for such size residence. (4) Housing Price Index (A) National Index Ginnie Mae shall establish and maintain a method of assessing a national average single-family house price for use in calculating the loan limits for single-family mortgage loans under paragraph (3), and other averages as Ginnie Mae considers appropriate, including— (i) averages based on different geographic regions; and (ii) an average for houses whose mortgage collateralized single-family covered securities. (B) Considerations In establishing the method described under subparagraph (A), Ginnie Mae may take into consideration such data, including existing house price indexes, and other measures as Ginnie Mae considers appropriate. (g) Authority for loan-Level enhancement With respect to an eligible mortgage loan that is or will be contained in a pool of mortgages delivered to the Platform, the mortgage originator of such mortgage loan may enter into agreements with market participants to provide loan-level enhancement of such mortgage loan. (h) Certification Ginnie Mae shall, upon a determination that the Platform is able to efficiently carry out the issuance of standardized mortgage-backed securities and that there exists a sufficient number of market participants to serve as insurers and reinsurers under section 202, certify to the Congress that such determination has been made. (i) Duty To serve all markets (1) In general In carrying out its responsibilities under this title, Ginnie Mae shall facilitate the broad availability of mortgage credit and secondary mortgage market financing through fluctuations in the business cycle for single-family and multifamily lending across all— (A) regions; (B) localities; (C) institutions; (D) property types, including housing serving renters; and (E) borrowers. (2) Report to Congress Ginnie Mae shall issue a semiannual report to the Congress on— (A) how Ginnie Mae is carrying out the duties required under paragraph (1); and (B) the extent to which the provisions of this title and the programs carried out pursuant to this title are benefitting underserved communities. (j) Exemption from SEC laws and regulations Standardized mortgage-backed securities issued by the Platform shall be exempt from the Federal securities laws (as defined under section 3(a) of the Securities Exchange Act of 1934) and all regulations issued pursuant to such laws. 202. Insurance (a) In general Ginnie Mae shall insure 100 percent of each security issued by the Platform, as provided in this section. (b) Private reinsurance Ginnie Mae shall establish one of the two programs described under paragraphs (1) and (2). In selecting which program to establish, Ginnie Mae shall determine which program is the most efficient way to operate the insurance requirements under this Act by incorporating private sector pricing. (1) Reinsurance Bid Program A Reinsurance Bid Program, which shall include the following: (A) Forward contract for first 5 percent loss Prior to any particular quarter (or such other time period determined by Ginnie Mae), Ginnie Mae shall enter into contracts with market participants to reinsure the first 5 percent of loss on all securities issued by the Platform in such quarter (or other time period). (B) Forward contract for last 95 percent loss Prior to any particular quarter (or such other time period determined by Ginnie Mae), Ginnie Mae shall sign— (i) contracts with market participants to reinsure the last 95 percent of loss on all securities issued by the Platform in such quarter (or other time period); and (ii) a retrocession contract with each such market participant under which Ginnie Mae will agree to offer retrocessional reinsurance to reinsure up to 90 percent of the 95 percent described under clause (i) on a pari passu basis. (2) Guarantor Program A Guarantor Program, which shall include the following: (A) First loss requirement The mortgage originator or aggregator that wishes to deliver a pool of eligible mortgage loans to the Platform for securitization shall, prior to delivering such pool, contract directly with a market participant to insure the first 5 percent of loss on all securities issued by the Platform that are securitized by such pool of eligible mortgage loans. (B) Coverage for last 95 percent loss For each security described under subparagraph (A) Ginnie Mae shall sign— (i) contracts with market participants to reinsure the last 95 percent of loss on the security; and (ii) a retrocession contract with each such market participant under which Ginnie Mae will agree to offer retrocessional reinsurance to reinsure up to 90 percent of the 95 percent described under clause (i) on a pari passu basis. (C) Ability to select market participants (i) In general If Ginnie Mae determines that it would be an efficient way to operate the insurance requirements under this Act and would encourage the incorporation of private sector pricing, Ginnie Mae may allow mortgage originators and aggregators described under subparagraph (A) to select the market participant described under subparagraph (B). (ii) Handling of pre-selected market participants If a market participant is selected by a mortgage originator or aggregator, as described under clause (i)— (I) such market participants shall be required to meet the same standards as a market participant selected by Ginnie Mae; and (II) for purposes of determining the insurance fee described under subsection (d), Ginnie Mae shall contract with a private sector insurer to estimate the risk that the market participant may default. (c) Additional program requirements (1) Competitive bidding process Ginnie Mae shall use a competitive bidding process to determine which market participants should be granted contracts under subsection (b)(1) and, except as provided under subsection (b)(2)(C), under subsection (b)(2)(B). (2) Use of insurance broker With respect to any market participant that Ginnie Mae selects under a risk sharing program, Ginnie Mae shall select an insurance broker, through a competitive bidding process, that will solicit bids, on behalf of Ginnie Mae, for the reinsurance contracts under such program. (3) Ceding commission As part of a retrocession contract under subsection (b)(1)(B)(ii) or subsection (b)(2)(B)(ii), the market participants shall be paid a competitively determined ceding commission for the underwriting and administrative costs of providing such reinsurance. (4) Phase-in Ginnie Mae may, if it determines it appropriate— (A) phase-in the 5 percent requirements under subsections (b)(1)(A) and (b)(2)(A), by originally requiring a lower percentage; and (B) phase-in the 90 percent requirement under subsections (b)(1)(B)(ii) and (b)(2)(B)(ii), by originally requiring a higher percentage. (d) Insurance fee and terms (1) Pre-pricing of insurance fee Ginnie Mae shall set the insurance fee applicable to securities issued by the Platform in advance on a quarter-by-quarter basis, through forward contracts established with market participants based on the volume and type of securities Ginnie Mae anticipates the Platform issuing during such quarter. (2) Components of insurance fee (A) In general The insurance fee shall reflect the anticipated cost to Ginnie Mae of providing insurance, including the cost of obtaining reinsurance under subsection (b). (B) Adjustment for performance Ginnie Mae may adjust the fee computed under subparagraph (A) to reflect the historic quality of deliveries and rating of mortgage loans made by the mortgage originators or aggregators that originated or aggregated the mortgage loans included in the pool of eligible mortgage loans backing the security being insured, but in making such adjustments, Ginnie Mae shall ensure that the weighted average of the entire book of business matches the ultimate price determination. (3) Rate adjustment period The rate charged by a private market participant that contracts with Ginnie Mae pursuant to subsection (b)— (A) may not change during the first 100-day period for which such reinsurance is effective; and (B) shall be adjusted based on market conditions, on a period to be determined by the Director. (e) Standards for market participants (1) In general Ginnie Mae shall issue such general standards for market participants described under subsection (b) as Ginnie Mae determines appropriate. (2) Credit rating requirements (A) In general Notwithstanding any other provision of law, Ginnie Mae shall require a market participant described under subsection (b) to maintain at least an A− credit rating and shall consult with credit rating agencies and State insurance commissions, where applicable, to verify such rating. (B) Flexibility for new companies Ginnie Mae may waive or modify the requirement under subparagraph (A) with respect to a new market participant. (3) Capital standards for market participants (A) In general For market participants described under subsection (b), Ginnie Mae shall establish, by regulation, capital standards and related solvency standards necessary to implement the provisions of this Act. (B) Definitions (i) In general The regulations required under this paragraph shall define all such terms as are necessary to carry out the purposes of this paragraph. (ii) Considerations in defining instruments and contracts that qualify as capital In defining instruments and contracts that qualify as capital pursuant to subparagraph (A), Ginnie Mae— (I) shall include such instruments and contracts that will absorb losses before the Fund; and (II) may assign significance to those instruments and contracts based on the nature and risks of such instruments and contracts. (iii) Considerations in defining capital ratios Solely for the purposes of calculating a capital ratio appropriate to the business model of a market participant pursuant to subparagraph (A), Ginnie Mae shall consider for the denominator— (I) total assets; (II) total liabilities; (III) risk in force; or (IV) unpaid principal balance. (C) Designed to ensure safety and soundness The capital and related solvency standards established under this paragraph shall be designed to— (i) ensure the safety and soundness of a market participant; (ii) minimize the risk of loss to the Fund; (iii) in consultation and coordination with the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency, reduce the potential for regulatory arbitrage between capital standards for market participants and capital standards promulgated by Federal regulatory agencies for insured depository institutions and their affiliates; and (iv) be specifically tailored to accommodate a diverse range of business models that may be employed by market participants. (D) Supplemental capital requirements (i) In general In order to prevent or mitigate risks to the secondary mortgage market of the United States that could arise from the material financial distress or failure, or ongoing activities, of large market participants that insure securities under this Act, Ginnie Mae, by regulation— (I) shall establish supplemental capital requirements for such large market participants; and (II) may establish such other standards that Ginnie Mae determines necessary or appropriate. (ii) Large market participant defined For purposes of this subparagraph, Ginnie Mae shall define the term large market participant . (f) Conflict of interests Ginnie Mae shall issue regulations to prevent conflicts of interest by market participants contracting with Ginnie Mae under this section. (g) Insurance Fund (1) Establishment There is established an insurance fund (the Fund ), which Ginnie Mae shall— (A) maintain and administer; and (B) use to cover losses incurred under this section with respect to mortgage-backed securities. (2) Fund goal (A) In general Ginnie Mae shall endeavor to ensure that the Fund attains a reserve balance— (i) of 1.25 percent of the sum of the outstanding principal balance of the securities for which insurance is being provided under this Act within 5 years of the date on which the Director determines that the Platform is fully functioning, and to strive to maintain such ratio thereafter, subject to clause (ii); and (ii) of 2.50 percent of the sum of the outstanding principal balance of the securities for which insurance is being provided under this Act within 10 years of the date on which the Director determines that the Platform is fully functioning, and to strive to maintain such ratio at all times thereafter. (B) Adjustment of fees Notwithstanding subsection (d), Ginnie Mae may raise or lower the fee charged for insurance under this section in order to maintain the reserve balance described under subparagraph (A). (3) Deposits The Fund shall be credited with any fees received by Ginnie Mae in exchange for insurance made available under this section. (4) Prohibited investments Amounts in the Fund may not be invested in any— (A) standardized mortgage-backed security insured under this Act; or (B) mortgage-backed security issued by the enterprises. (5) Full faith and credit The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any insurance provided under this section. 203. Authority to protect taxpayers in unusual and exigent market conditions (a) In general If Ginnie Mae, upon the written agreement of the Chairman of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, and in consultation with the Secretary of Housing and Urban Development, determines that unusual and exigent circumstances have created or threaten to create an anomalous lack of mortgage credit availability within the single-family housing market, multifamily housing market, or entire United States housing market that could materially and severely disrupt the functioning of the housing finance system of the United States, Ginnie Mae may, for a period of 6 months— (1) modify or waive the reinsurance requirements under section 202(b); and (2) establish provisional standards for approved entities. (b) Considerations In exercising the authority granted under subsection (a), Ginnie Mae shall consider the severity of the conditions present in the housing markets and the risks presented to the Fund in exercising such authority. (c) Terms and conditions Insurance provided under subsection (a) shall be subject to such additional or different limitations, restrictions, and regulations as Ginnie Mae may prescribe. (d) Bailout strictly prohibited In exercising the authority granted under subsection (a), Ginnie Mae may not— (1) provide aid to an approved entity or an affiliate of the approved entity, if such approved entity is in bankruptcy or any other Federal or State insolvency proceeding; or (2) provide aid for the purpose of assisting a single and specific company avoid bankruptcy or any other Federal or State insolvency proceeding. (e) Notice Not later than 7 days after authorizing insurance or establishing provisional standards under subsection (a), Ginnie Mae shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that includes— (1) the justification for the exercise of authority to provide such insurance or establish such provisional standards; (2) evidence that unusual and exigent circumstances have created or threatened to create an anomalous lack of mortgage credit availability within the single-family housing market, multifamily housing market, or entire United States housing market that could materially and severely disrupt the functioning of the housing finance system of the United States; and (3) evidence that failure to exercise such authority would have undermined the safety and soundness of the housing finance system. (f) Additional exercise of authority (1) In general Subject to the limitation under subsection (g), the authority granted to Ginnie Mae under subsection (a) may be exercised for 2 additional 9-month periods within any given 3-year period, provided that Ginnie Mae, upon the written agreement of the Chairman of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, and in consultation with the Secretary of Housing and Urban Development— (A) determines— (i) for a second exercise of authority under subsection (a), that a second exercise of authority under subsection (a) is necessary; or (ii) for a third exercise of authority under subsection (a), by an affirmative vote of the Director of Ginnie Mae and an affirmative vote of 2/3 or more of the Board of Governors of the Federal Reserve System then serving, that a third exercise of authority under this section is necessary; and (B) provides notice to Congress, as provided under subsection (e). (2) Order of exercise of authority Any additional exercise of authority under this subsection may occur consecutively or non-consecutively. (g) Limitation The authority granted to Ginnie Mae under this section may not be exercised more than 3 times in any given 3-year period, which 3-year period shall commence upon the initial exercise of authority under subsection (a). (h) Normalization and reduction of risk Following any exercise of authority under this section, Ginnie Mae shall— (1) establish a timeline for approved entities to meet the approval standards set forth in this Act; and (2) in a manner and pursuant to a timeline that will minimize losses to the Fund, establish a program to either— (A) sell, in whole or in part, the first loss position on securities described in this section to private market holders; or (B) transfer for value to approved entities, or work with approved entities to sell, in whole or in part, the first lost position on securities described in this section. (i) Authority To respond to sustained national home price decline (1) Authority In the event of a significant decline of national home prices, in at least 2 consecutive calendar quarters, Ginnie Mae may for a period of 6 months permit the transfer of guarantees of eligible mortgage loans that secure securities issued under this Act if such eligible mortgage loans are refinanced, regardless of the value of the underlying collateral securing such eligible mortgage loans. (2) Additional exercise of authority The authority granted to Ginnie Mae under paragraph (1) may be exercised for additional 6-month periods. (3) Limitation Ginnie Mae shall not provide insurance under this Act to any security issued under this Act that includes mortgage loans that do not meet the definition of an eligible mortgage loan, except for mortgage loans refinanced from eligible mortgage loans in securities issued under this Act. (4) Rule of construction No provision in this section shall be construed as permitting Ginnie Mae to lower any other requirement related to the requirements set forth under the definition of an eligible mortgage loan. 204. Servicing rights; representations and warranties (a) Servicing rights The servicing rights for mortgage-backed securities issued by the Issuing Platform shall be controlled by— (1) the reinsurance company reinsuring the first 5 percent loss position on such securities; or (2) in the case of securities that do not have a reinsurance company reinsuring the first 5 percent loss position or with respect to which the such reinsurance company is insolvent, Ginnie Mae. (b) Advancing of payments The party controlling the servicing rights described under subsection (a) shall also control the advancing of payments. (c) Representations and warranties (1) Collateral manager With respect to each pool securitized by the Issuing Platform, there shall be a collateral manager who shall— (A) oversee representations and warranties; (B) act for the benefit of investors; and (C) in the case of a mortgage loan that is in breach of the representations and warranties, facilitate the repurchase or replacement of such mortgage loan with a mortgage loan that is in compliance with representations and warranties. (2) Fiduciary duties with respect to private label securities (A) In general All contracts for private label securities issued after the date of the enactment of this Act shall include the following provisions: (i) The qualification, responsibilities, and duties of trustees, including requirements set forth in the indenture or pooling and servicing agreement, or any applicable provisions of the Trust Indenture Act of 1939 ( 15 U.S.C. 77aaa et seq. ). (ii) Trustees of private label securities shall have a fiduciary duty to protect the financial interests of investors of such securities. (B) Trustee’s fiduciary duty defined For purposes of this paragraph, a trustee’s fiduciary duty means that a trustee shall at all times oversee, monitor, and manage the trust that owns the mortgage loans securing the private label securities in the financial interests of the trust and its investors, with the same degree of care and skill that a prudent person would exercise or use under the circumstances in the conduct of such person's own affairs. ln determining financial interests, the trustee's fiduciary duty shall consider all investors in a securitization, rather than the interests of any particular class of investors. A trustee that is deemed to be acting in accordance with its fiduciary duty to the trust shall not be liable to any investor, and shall not be subject to any injunction, stay, or other equitable relief sought by such investor, based solely upon such actions. (C) Inclusion of fiduciary duty The governing documents of any private label securities issued after the date of the enactment of this Act shall automatically be deemed to include a trustee's fiduciary duty. The trustee's fiduciary duty may not be abrogated or altered by the parties to such documents and may not be amended by parties to contracts for private label securities. (D) Rule of construction Nothing in this paragraph shall be construed to relieve any party of its duties to participants and beneficiaries of any employee benefit plan under the Employee Retirement Income Security Act ( 29 U.S.C. 1101 et seq. ). (E) Conflicts with the Trust Indenture Act of 1939 To the extent that the provisions of this paragraph conflict with any provision of the Trust Indenture Act of 1939, the provisions of the Trust Indenture Act of 1939 shall apply, but only to the extent of the conflict. (F) Study Not later than 3 years after the date of enactment of this Act, Ginnie Mae shall— (i) conduct a study to evaluate— (I) the structure of compensation for trustees of private label securities; (II) any changes to such compensation attributable io the imposition of the fiduciary duty required under this paragraph; and (III) any effects of the imposition of such fiduciary duty on liquidity in the market for private label securities; (ii) not later than 1 year after the commencement of the study required under clause (i), submit a report to Congress describing any findings and conclusions of such study; (iii) conduct a study to evaluate any effects of the imposition of the fiduciary duty required under this paragraph upon borrowers, including if the imposition of' such fiduciary duty results in additional costs and expenses to borrowers; and (iv) not later than 1 year after the commencement of the study required under clause (iii), submit a report to Congress describing any findings and conclusions of such study. (G) Private label security defined For purposes of this paragraph, the term private label security means a mortgage-backed security that is not issued by the Platform. (d) Mandatory arbitration Disputes between parties to a security issued by the Issuing Platform shall be subject to mandatory arbitration. 205. Federal Home Loan Banks (a) Membership of lenders Section 4 of the Federal Home Loan Bank Act ( 12 U.S.C. 1424 ) is amended by adding at the end the following: (d) Lenders (1) In general Any lender that satisfies the requirements of subparagraphs (A) and (C) of subsection (a)(1) shall be eligible to become a member of a Federal Home Loan Bank. (2) Stock requirement Ginnie Mae shall issue regulations specifying that a separate class of stock shall be issued by Federal Home Loan Banks to lenders who become a member of a Federal Home Loan Bank pursuant to this subsection, and Ginnie Mae shall determine the applicable restrictions and requirements for such stock. . (b) Pooling services for eligible mortgages Section 11 of the Federal Home Loan Bank Act ( 12 U.S.C. 1431 ) is amended by adding at the end the following: (m) Pooling services for eligible mortgages (1) Pooling services Each Federal Home Loan Bank shall provide pooling services to both members and non-members who wish to pool eligible mortgages for purposes of securitizing such mortgages through the Issuing Platform established by title II of the Partnership to Strengthen Homeownership Act of 2014 . (2) Eligible mortgages defined For purposes of this subsection, the term eligible mortgage has the meaning given that term under section 2 of the Partnership to Strengthen Homeownership Act of 2014 . . III Wind down of Fannie Mae and Freddie Mac 301. Limitation on business The Director of the Government National Mortgage Association shall provide that, after the certification date— (1) the enterprises may not issue, guarantee, or purchase any security backed by mortgages on 1- to 4-family residences except as specifically authorized by this Act; (2) an enterprise may act as a participating aggregator of eligible mortgages for securitization pursuant to section 201 if such eligible mortgages are originated by originators whose volume of such business is insufficient to allow for such originators to aggregate and securitize such mortgages, until the earlier of— (A) such time as the Director determines that any other qualified entity or entities provide sufficient market access to such originators under competitive rates and terms and requires the enterprises to cease such business; or (B) the commencement of the receivership under section 304(a); and (3) an enterprise may act as a reinsurer for a mortgage-backed security in accordance with the requirements under section 202(b) until the commencement of the receivership under section 304(a). 302. Risk-sharing pilot programs Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, each enterprise shall establish a risk-sharing pilot program to develop private sector first-loss positions on mortgage-backed securities. Such first-loss positions shall be a percentage of the principal or face value of a mortgage-backed security, as determined from time-to-time by the Director, taking into consideration market conditions and the capability of the private sector to assume credit risk. 303. Continued conservatorship (a) Timing The conservatorships of the enterprises in effect upon the enactment of this Act shall continue in effect until the commencement of the receivership of the enterprises pursuant to subsection (d), subject to the transfer under section 102(a)(1)(B). (b) Aligning purposes of conservatorship Notwithstanding section 1367(b)(2)(D) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617(b)(2)(D) ), after the date of the enactment of this Act, the Director shall, as conservator of each enterprise, take such actions as are necessary to manage the affairs, assets, and obligations of each enterprise, and to operate each enterprise, in compliance with this section. (c) Return of enterprises to private market During the term of the conservatorships of the enterprises, the Director shall— (1) carry out the conservatorship in a manner that furthers achievement of the goals and terms of the mandatory receiverships under subsection (d)(2); (2) identify any assets of the enterprises necessary for Ginnie Mae to carry out its functions and responsibilities under sections 201, 202, and 401 of this Act; and (3) prepare for the transfer of the multifamily housing finance business of the enterprises in accordance with section 401 of this Act. 304. Mandatory receivership (a) Commencement The Director shall, with respect to each enterprise, immediately appoint the Ginnie Mae as receiver under section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617 ) upon the later of the following: (1) 5-year period The expiration of the 60-month period beginning on the date of the enactment of this Act, as the duration of such period may be adjusted pursuant to subsection (c). (2) Platform certified as functional; competitive access for small lenders; FHLB capacity The certification date has occurred and the Director has determined that— (A) a competitive private housing finance market has been established; (B) competitive and equitable access to the Platform for smaller mortgage lenders is available; (C) the pooling services offered by Federal Home Loan Banks pursuant to section 11(m) of the Federal Home Loan Bank Act are competitive with services made available by the enterprises before the certification date; (D) the Federal Home Loan Banks are capable of meeting the cash window needs of credit unions, community and mid-sized depository institutions, and non-depository mortgage originators with competitive rates and terms; and (E) the Federal Home Loan Banks have created a to be announced market that is viable in all economic cycles. (b) Goals and terms Ginnie Mae shall carry out the receivership referred to in subsection (a) for the enterprise under the authority of such section 1367, subject to the following requirements: (1) Goals In carrying out the receivership of each enterprise, Ginnie Mae shall strive to achieve both of the following goals: (A) Return to taxpayers Obtaining an adequate return of taxpayer investment in the enterprise, taking into consideration the total cost to the taxpayers, the value provided to the enterprise, and the risk and exposure to the Federal Government involved, together with interest on such investment at a rate determined by the Director, in consultation with the Board of Governors of the Federal Reserve System and the Secretary of the Treasury. (B) Competitive private housing finance market Removing barriers to private sector competition in the housing finance market by providing for the transfer of the assets of the enterprise into the private sector to compete in a functioning housing finance market. (2) Full privatization Any entities emerging from such receivership shall be fully private and any obligations and securities of such entities shall not constitute a debt or obligation of the United States nor or any agency or instrumentality thereof. (3) Multifamily housing business The receivership shall provide, notwithstanding any other provision of this Act, for the transfer of the multifamily housing mortgage guarantee business of the enterprises in accordance with section 401 of this Act. (4) Availability of assets The receivership shall provide for— (A) the identification of any assets of the enterprise that are not necessary for the operation of the limited-life entities established pursuant to paragraph (6); and (B) making such assets available at auction for acquisition by any private entities, which shall include the private entities established pursuant to paragraph (6)(C). (5) Restructuring of SPSPA The receivership shall provide for the restructuring of the Senior Preferred Stock Purchase Agreements entered into between the Department of the Treasury and the enterprise on September 26, 2008, as amended and restated thereafter, to— (A) permit the redemption of senior preferred shares of the Department of the Treasury; (B) provide for the cancellation of the warrants for the purchase of common stock of the enterprises issued to the Department of the Treasury; and (C) provide for the appropriate level of compensation to the Federal Government for the financial support and commitment provided to the enterprise. (6) Wind-down; limited-life enterprises; restructuring Under the receivership— (A) the receiver shall organize a limited-life regulated entity for the enterprise in accordance with section 1367(i) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617(i) ), except that— (i) any assets and liabilities of the enterprise that the receiver determines are necessary to allow the limited-life regulated entity to operate independent from the resolution of the enterprise shall be transferred to the limited-life regulated entity; and (ii) in winding up the affairs of the limited-life regulated entity, the remaining assets of the limited-life regulated entity shall be made available to the successor entities established pursuant to subparagraph (C) of this paragraph and to other private guarantors engaged in providing insurance for eligible mortgage-backed securities in accordance with section 202; (B) the charter of the enterprise shall be repealed pursuant to section 1367(k) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617(k)), as amended by section 305; and (C) the receiver shall provide for reorganization and chartering of the successor entity to the limited life regulated entity for the enterprise as an entity established to operate as an insurer under section 202(b)(2)(A) of this Act or a participating aggregator of eligible mortgages for securitization pursuant to section 201 if such eligible mortgages are originated by originators whose volume of such business is insufficient to allow for such originators to aggregate and securitize such mortgages. (c) Adjustment of timing Ginnie Mae may adjust the duration of the period referred to in subsection (a)(1) by establishing requirements to be met by market participants before such period may be considered to be concluded. Such requirements may include requirements regarding— (1) ensuring that there is an adequate level of private capital available for efficient financing of single-family and multifamily housing mortgages through— (A) the market for initial public offerings; and (B) retained earnings of market participants; and (2) ensuring that any anticompetitive liquidity advantages in mortgage-backed securities are adequately protected against. 305. Repeal of enterprise charters Section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617) is amended by striking subsection (k) and inserting the following new subsection: (k) Repeal of enterprise charters (1) Fannie Mae Effective upon the certification date (as such term is defined in section 2 of the Partnership to Strengthen Homeownership Act of 2014 ), the charter of the Federal National Mortgage Association is repealed and the Federal National Mortgage Association shall have no authority to conduct new business under such charter, except that the provisions of such charter in effect immediately before such repeal shall continue to apply with respect to the rights and obligations of any holders of— (A) outstanding debt obligations of the Federal National Mortgage Association, including any— (i) bonds, debentures, notes, or other similar instruments; (ii) capital lease obligations; or (iii) obligations in respect of letters of credit, bankers’ acceptances, or other similar instruments; or (B) mortgage-backed securities guaranteed by the Federal National Mortgage Association that are not eligible mortgage-backed securities insured by Ginnie Mae pursuant to section 202 of the Partnership to Strengthen Homeownership Act of 2014 . (2) Freddie Mac Effective upon the certification date, the charter of the Federal Home Loan Mortgage Corporation is repealed and the Federal Home Loan Mortgage Corporation shall have no authority to conduct new business under such charter, except that the provisions of such charter in effect immediately before such repeal shall continue to apply with respect to the rights and obligations of any holders of— (A) outstanding debt obligations of the Federal Home Loan Mortgage Corporation, including any— (i) bonds, debentures, notes, or other similar instruments; (ii) capital lease obligations; or (iii) obligations in respect of letters of credit, bankers’ acceptances, or other similar instruments; or (B) mortgage-backed securities guaranteed by the Federal Home Loan Mortgage Corporation that are not eligible mortgage-backed securities insured by Ginnie Mae pursuant to section 202 of the Partnership to Strengthen Homeownership Act of 2014 . (3) Existing guarantee obligations (A) Explicit guarantee The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any obligation described in paragraph (1) or (2). (B) Continued dividend payments Notwithstanding any other provision of law, provision 2(a) (relating to Dividend Payment Dates and Dividend Periods) and provision 2(c) (relating to Dividend Rates and Dividend Amount) of the Senior Preferred Stock Purchase Agreement, or any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued pursuant to such Agreement— (i) shall not be amended, restated, or otherwise changed to reduce the rate or amount of dividends in effect pursuant to such Agreement as of the Third Amendment to such Agreement dated August 17, 2012, except that any amendment to such Agreement to facilitate the sale of assets of the enterprises shall be permitted; and (ii) shall remain in effect until the guarantee obligations described under paragraphs (1)(B) and (2)(B) of this subsection are fully extinguished. (C) Applicability All guarantee fee amounts derived from the single-family mortgage guarantee business of the enterprises in existence as of the certification date shall be subject to the Senior Preferred Stock Purchase Agreement. (D) Senior Preferred Stock Purchase Agreement For purposes of this paragraph, the term Senior Preferred Stock Purchase Agreement means— (i) the Amended and Restated Senior Preferred Stock Purchase Agreement, dated September 26, 2008, as such Agreement has been amended on May 6, 2009, December 24, 2009, and August 17, 2012, respectively, and as such Agreement may be further amended and restated, entered into between the Department of the Treasury and each enterprise, as applicable; and (ii) any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued or sold pursuant to such Agreement. (4) Swap option for new securities Notwithstanding any other provision of this subsection, Ginnie Mae shall provide that during the 30-year period beginning upon the certification date, any securities described in paragraph (1)(B) or (2)(B) may be exchanged, at the request of the holder of such security, for securities insured under section 202 of the Partnership to Strengthen Homeownership Act of 2014 , and Ginnie Mae shall ensure fungibility between such securities exchanged. Ginnie Mae may establish such terms and conditions for such exchanges as Ginnie Mae considers appropriate, except that Ginnie Mae shall provide that in such exchanges such securities described in paragraph (1)(B) or (2)(B) shall receive a risk weight of zero. . 306. Ginnie Mae authority regarding timing (a) Authority The Director may extend any deadline referred to in section 301, 303(a), 304(a), or the provisions amended by section 305, as provided in such subsection (b) of this section, but only if the Director— (1) makes a determination, after consultation with the Board of Governors of the Federal Reserve System, that such deadline is posing significant risk to the housing market; and (2) causes notice of such determination to be published in the Federal Register. (b) Extensions (1) First extension The first extension of any deadline pursuant to subsection (a) shall be for a period of an additional 2 years. (2) Second extension If, after the expiration of a first extension of a deadline of 2 years, the Director makes a determination as provided in subsection (a)(1), the Director may extend the deadline an additional 2 years. (3) Additional extensions If, after the expiration of the second extension of a deadline of 2 years, the Director makes a determination as provided in subsection (a)(1), the Director may, upon the written agreement of the Chairman of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, and in consultation with the Secretary of the Housing and Urban Development, extend the deadline an additional year, and annually thereafter utilizing the same process described in this paragraph until such time as the Director makes a determination that such deadline does not pose a significant risk to the housing market. (c) Reports If the Director extends any deadline period pursuant to the authority under subsection (a), the Director shall thereafter, until the expiration of the periods referred to in paragraphs (1) and (2) of section 1367(k) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (as such period may be extended pursuant to this section), submit a report to the Congress on a monthly basis regarding the transition of the enterprises pursuant to this section, the status of the business of the enterprises, and the market share of the enterprises. IV Multifamily housing finance 401. Establishment of multifamily subsidiaries (a) Formation and governance of multifamily subsidiaries (1) Federal National Mortgage Association (A) Multifamily subsidiary plan The Director of Ginnie Mae, in consultation with the Secretary of the Treasury, shall direct the Federal National Mortgage Association to develop a plan, not later than 180 days after the date of enactment of this Act, to establish a multifamily subsidiary for purposes of expeditiously— (i) providing sufficient multifamily financing in the primary, secondary, and tertiary geographical markets, including in rural markets and through a diversity of experienced multifamily lenders; and (ii) establishing a competitive multifamily market for multifamily housing guarantors engaging in multifamily covered securities. (B) Establishment of multifamily subsidiary The Director shall direct the Federal National Mortgage Association to establish a multifamily subsidiary not later than 1 year after the date of enactment of this Act. (2) Federal Home Loan Mortgage Corporation (A) Multifamily subsidiary plan The Director, in consultation with the Secretary of the Treasury, shall direct the Federal Home Loan Mortgage Corporation to develop a plan, not later than 180 days after the date of enactment of this Act, to establish a multifamily subsidiary for purposes of expeditiously— (i) providing sufficient multifamily financing in the primary, secondary, and tertiary geographical markets, including in rural markets and through a diversity of experienced multifamily lenders; and (ii) establishing a competitive multifamily market for multifamily housing guarantors engaging in multifamily covered securities. (B) Establishment of multifamily subsidiary The Director shall direct the Federal Home Loan Mortgage Corporation to establish a multifamily subsidiary not later than 1 year after the date of enactment of this Act. (b) Transfer of functions (1) Fannie Mae multifamily subsidiary (A) In general Notwithstanding the provisions under title III or any other provision of law, effective on the date on which the multifamily subsidiary is established under subsection (a)(1)(B), all employees, functions, activities, infrastructure, property, including the Delegated Underwriting and Servicing Lender Program and other intellectual property, platforms, technology, or any other object or service of the Federal National Mortgage Association necessary to the support, maintenance, and operation of the multifamily business of the Federal National Mortgage Association shall be transferred and contributed, without cost, to the multifamily subsidiary. (B) Capital contribution In connection with the transfer required under subparagraph (A), the Federal National Mortgage Association shall contribute, in any form or manner the Director may determine, subject to the approval right of the Secretary of the Treasury in the Senior Preferred Stock Purchase Agreement, any capital necessary to ensure that the multifamily subsidiary established under subsection (a)(1)(B) has, in the determination of the Director, sufficient capital to carry out its multifamily business, including the ability to obtain warehouse lines of credit. (C) Ensuring continuation of ongoing operation of multifamily business (i) In general In carrying out the multifamily business transferred pursuant to subparagraph (A), the multifamily subsidiary established under subsection (a)(1)(B) shall ensure that any such business continues to operate, as applicable, consistent with— (I) the Delegated Underwriting and Servicing Lender Program established by the Federal National Mortgage Association; (II) any other programs, activities, and contractual agreements of the enterprises that support the enterprises' provision of liquidity to the multifamily housing market; and (III) the provisions of this title. (2) Freddie Mac multifamily subsidiary (A) In general Notwithstanding the provisions under title VI or any other provision of law, effective on the date on which the multifamily subsidiary is established under subsection (a)(2)(B), all employees, functions, activities, infrastructure, property, including the Capital Market Execution Program Series K Structured 2Pass-Through Certificates originated and offered under the Program Plus Lender Program and other intellectual property, platforms, technology, or any other object or service of the Federal Home Loan Mortgage Corporation necessary to the support, maintenance, and operation of the multifamily business of the Federal Home Loan Mortgage Corporation shall be transferred and contributed, without cost, to the multifamily subsidiary. (B) Capital contribution In connection with the transfer required under subparagraph (A), the Federal Home Loan Mortgage Corporation shall contribute, in any form or manner the Director may determine, subject to the approval right of the Secretary of the Treasury in the Senior Preferred Stock Purchase Agreement, any capital necessary to ensure that the multifamily subsidiary established under subsection (a)(2)(B) has, in the determination of the Director, sufficient capital to carry out its multifamily business, including the ability to obtain warehouse lines of credit. (C) Ensuring continuation of ongoing operation of multifamily business (i) In general In carrying out the multifamily business transferred pursuant to subparagraph (A), the multifamily subsidiary established under subsection (a)(2)(B) shall ensure that any such business continues to operate, as applicable, consistent with— (I) the Capital Market Execution Program Series K Structured 2Pass-Through Certificates originated and offered under the Program Plus Lender Program established by the Federal Home Loan Mortgage Corporation; (II) any other programs, activities, and contractual agreements of the enterprises that support the enterprises' provision of liquidity to the multifamily housing market; and (III) the provisions of this title. (c) Multifamily subsidiaries (1) In general The multifamily subsidiaries established by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation under subsection (a) may retain a limited multifamily mortgage loan portfolio to— (A) aggregate mortgage loans for pooled securities executions; (B) implement pilot mortgage loan programs and other risk-sharing transactions and product modification testing; (C) engage in the financing of properties with rent-regulatory restrictions, off-campus student housing, and senior and assisted living developments; and (D) perform additional activities as may be established by the Director for the purpose of facilitating the continuation of existing multifamily activities. (2) Portfolio reduction applicability For purposes of expeditiously meeting the criteria under clauses (i) and (ii) of paragraphs (1)(A) and (2)(A) of subsection (a), the multifamily subsidiaries established under subsection (a) shall not be subject to any portfolio reduction required under title III. 402. Disposition of multifamily businesses (a) Authority To manage disposition of multifamily businesses Notwithstanding any provision of title III or any other provision of law, the Director may, on or before the certification date, manage the sale, transfer, or disposition for value of property, including intellectual property, technology, platforms, and legacy systems, infrastructure and processes of an enterprise relating to the operation and maintenance of the multifamily business of an enterprise. (b) Required establishment of well-Functioning multifamily covered security market In exercising the authority in subsection (a), the Director shall manage any disposition of the multifamily business of an enterprise in a manner consistent with— (1) the establishment of a well-functioning multifamily covered security market; (2) the provision of broad access to multifamily financing; and (3) facilitating competition in the multifamily covered security market by— (A) providing open access to performance information on the legacy multifamily business of an enterprise; (B) providing for reasonable licensing of the multifamily proprietary systems of an enterprise; and (C) setting market share limitations, fees, or additional capital standards on multifamily business assets that were sold, transferred, or disposed. 403. Approval and supervision of multifamily guarantors (a) In general The Director shall develop, adopt, publish, and enforce standards for the approval by the Director of multifamily guarantors to— (1) issue securities collateralized by eligible multifamily mortgage loans; and (2) guarantee the timely payment of principal and interest on such securities collateralized by eligible multifamily mortgage loans and insured by Ginnie Mae. (b) Required standards The standards required under paragraph (1) shall include standards sufficient to ensure that— (1) each multifamily guarantor is well-capitalized; and (2) credit risk-sharing levels under any such guarantees are commensurate with such levels under the Delegated Underwriting and Servicing Lender Program of the Federal National Mortgage Association and the Capital Market Execution Program Series K Structured 2Pass-Through Certificates originated and offered under the Program Plus Lender Program of the Federal Home Loan Mortgage Corporation. (c) Pricing Ginnie Mae shall charge a guarantee fee for guarantees provided pursuant to this section and such fee shall be determined by Ginnie Mae— (1) in the same manner and using the same procedures used pursuant to title II to determine guarantee fees for securities backed by single-family housing mortgages, with such changes as Ginnie Mae determines to be necessary to account for the differences between the single-family guarantee business and the multifamily guarantee business; and (2) taking into account the differences between the guarantee fees structures of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (d) Distinctions The Director shall take into account, in carrying out this section, in providing any issuing platform, and in establishing any requirements relating to the guarantee of securities collateralized by eligible multifamily mortgage loans, the particular nature and characteristics of such securities and loans, as distinguished from eligible mortgages and securities guaranteed pursuant to title II, and as may be necessary to accommodate the multifamily housing financing market. 404. Other forms of multifamily risk-sharing The Director may establish such other methods and manner of risk-sharing and risk transfer relating eligible multifamily mortgage loans, in addition to the methods and manners authorized under this title, as may be appropriate taking into consideration the particular nature and characteristics of the multifamily housing finance market, which may include any risk-sharing activities of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation relating to the multifamily housing business. 405. Ginnie Mae securitization of FHA risk-sharing loans (a) Qualified participating entities risk-Sharing program Paragraph (8) of section 542(b) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–22(b)(8)) is amended to read as follows: (8) Ginnie mae securitization (A) Prohibition The Government National Mortgage Association shall not securitize any multifamily loans insured or reinsured under this subsection, except as provided in subparagraph (B). (B) Authority The Government National Mortgage Association may, at the discretion of the Director of Ginnie Mae, securitize any multifamily loan, provided that— (i) the Federal Housing Administration provides mortgage insurance based on the unpaid principal balance of the loan, as shall be described in the risk-sharing agreement; (ii) the Federal Housing Administration shall not require an assignment fee for mortgage insurance claims related to the securitized mortgages; and (iii) any successors and assigns of the risk-sharing partner (including the holders of credit instruments issued under a trust mortgage or deed of trust pursuant to which such holders act by and through a trustee therein named) shall not assume any obligation under the risk-sharing agreement and may assign any defaulted loan to the Federal Housing Administration in exchange for payment of the mortgage insurance claim. The risk-sharing agreement shall provide for reimbursement to Ginnie Mae by the risk-sharing partner or partners for either all or a portion of the losses incurred on the loans insured. . (b) Authority Paragraph (6) of section 542(c) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–22(c)) is amended to read as follows: (6) Ginnie Mae securitization The Government National Mortgage Association may, at the discretion of the Director of Ginnie Mae, securitize any multifamily loan insured under this subsection, provided that— (A) the Federal Housing Administration provides mortgage insurance based on the unpaid principal balance of the loan, as shall be described by regulation; (B) the Federal Housing Administration shall not require an assignment fee for mortgage insurance claims related to the securitized mortgages; and (C) any successors and assigns of the risk-sharing partner (including the holders of credit instruments issued under a trust mortgage or deed of trust pursuant to which such holders act by and through a trustee therein named) shall not assume any obligation under the risk-sharing agreement and may assign any defaulted loan to the Federal Housing Administration in exchange for payment of the mortgage insurance claim. The risk-sharing agreement shall provide for reimbursement to Ginnie Mae by the risk-sharing partner or partners for either all or a portion of the losses incurred on the loans insured. . (c) Amendment to Ginnie Mae charter act Clause (ii) of the first sentence of section 306(g)(1) of the National Housing Act (12 U.S.C. 1721(g)(1)) is amended— (1) by striking the semicolon and inserting a comma; and (2) by inserting before the period at the end the following: , or which are insured under subsection (b) or (c) of section 542 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–22 ), subject to the terms of paragraph (8) or (6), respectively, of such subsection . V Affordable Housing 501. Affordable housing allocations (a) Fee and allocation of amounts In addition to any fees for the provision of insurance established in accordance with title II, in each fiscal year the Platform shall— (1) charge and collect a fee in an amount equal to 10 basis points for each dollar of the outstanding principal balance of— (A) all eligible mortgage loans that collateralize securities insured under this Act; and (B) all other mortgage loans that collateralize securities on which Ginnie Mae guarantees the timely payment of principal and interest pursuant to title III of the National Housing Act ( 12 U.S.C. 1716 et seq. ); and (2) allocate or otherwise transfer, on an annual basis— (A) 75 percent of such fee amounts to the Secretary of Housing and Urban Development to fund the Housing Trust Fund established under section 1338 of the Safety and Soundness Act ( 12 U.S.C. 4568 ); (B) 15 percent of such fee amounts to the Secretary of the Treasury to fund the Capital Magnet Fund established under section 1339 of the Safety and Soundness Act (12 U.S.C. 4569); and (C) 10 percent of such fee amounts to the Ginnie Mae to fund the Market Access Fund established under section 504 of this Act. (b) Continuing obligation The fee required to be charged under subsection (a) shall be collected for the life of the security. (c) Suspension of contributions The Director may temporarily suspend, for an initial period of one year, allocations under subsection (a)(2) upon the submission by the Director to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives of a written determination by the Director that such allocations are contributing, or would contribute, to the financial instability of the insurance Fund established under section 202(g). The Director may continue such suspension for additional periods, each up to one year in length, pursuant to the same submission and determination requirements. (d) Rule of construction The cost of the fee required to be charged under subsection (a) shall not be borne by eligible borrowers. 502. Housing Trust Fund Section 1338 of the Safety and Soundness Act ( 12 U.S.C. 4568 ) is amended— (1) in subsection (a)(1)— (A) in the first sentence, by inserting or pursuant to section 501 of the Partnership to Strengthen Homeownership Act of 2014 after section 1337 ; and (B) in the second sentence, by inserting federally-recognized tribes and after grants to ; (2) by striking subsection (b) and inserting the following: (b) [Reserved.] ; (3) in subsection (c)— (A) in paragraph (1), by striking Except as provided in subsection (b), the and inserting The ; (B) in paragraph (2)— (i) by striking (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1997 ( 25 U.S.C. 4103 )) ; and (ii) by adding at the end the following: An Indian tribe receiving grant amounts under this subsection may designate a federally recognized tribe or a tribally designated housing entity to receive such grant amounts. Nothing in this subsection shall limit or be construed to limit the ability of an Indian tribe or a tribally designated housing entity from being a permissible designated recipient of grant amounts provided by a State under this section. ; (C) in paragraph (3)— (i) in the heading, by inserting Indian tribes and before States ; (ii) in subparagraph (A), by striking The Secretary shall and insert the following: (i) Minimum tribal distributions (I) In general The Secretary, acting through the Office of Native American Programs, shall distribute via competitive grants the amounts determined under subclause (II) and made available under this subsection to federally recognized tribes and tribally designated housing entities. (II) Amounts The total amount required to be distributed under this subclause for a fiscal year shall be the greater of $20,000,000, or 2 percent of the total amount of amounts allocated for the Housing Trust Fund under this section. (III) Use of amounts Competitive grant amounts received by a federally recognized tribe or a tribally designated housing entity under this clause may be used, or committed to use, only for those activities that are identified as eligible affordable housing activities under section 202 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4132 ). (IV) Evaluation of applications (aa) In general In evaluating any application for the receipt of competitive grant amounts authorized under this clause, the Secretary, acting through the Office of Native American Programs, shall consider with respect to the federally recognized tribe applicant or tribally designated housing entity applicant and to Indian reservations and other Indian areas associated with the federally recognized tribe applicant or served by the tribally designated housing entity applicant evaluation criteria, including the following: (AA) Level of poverty on the Indian reservation or in the Indian area. (BB) Level of unemployment on the Indian reservation or in the Indian area. (CC) Condition of housing stock on the Indian reservation or in the Indian area. (DD) Level of overcrowded housing on the Indian reservation or in the Indian area, as measured by the number of households in which the number of persons per room is greater than one. (EE) Presence and prevalence of black mold on the Indian reservation or in the Indian area. (FF) Demonstrated experience, capacity, and ability of the applicant to manage affordable housing programs, including multifamily rental housing programs, homeownership programs, and programs to assist purchasers with down payments, closing costs, or interest rate buy-downs. (GG) Demonstrated ability of the applicant to meet the requirements under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), including the timely and efficient expenditure of funds. (HH) Such other criteria as may be specified by the Secretary in order to evaluate the overall quality of the proposed project, the feasibility of the proposed project, and whether the proposed project will address the housing needs on the Indian reservation or in the Indian area. (bb) Review of data In evaluating any application for the receipt of competitive grant amounts authorized under this clause, the Secretary, acting through the Office of Native American Programs, shall permit a federally recognized tribe applicant or a tribally designated housing entity applicant to supplement or replace, in whole or in part, any data compiled and produced by the Bureau of the Census and upon which the Secretary, acting through the Office of Native American Program, relies, provided such tribally-collected data meets the Department of Housing and Urban Development's standards for accuracy. (V) Treatment of funds Notwithstanding any other provision of law, competitive grant amounts received under this clause shall not be considered Federal funds for purposes of matching other Federal sources of funds. (VI) Rule of construction The requirements under clause (ii), subparagraphs (B) and (C) of this paragraph, and paragraphs (4) through (8) and paragraph (10)(A) of this subsection shall not apply to any amounts distributed under this clause to a federally recognized tribe or a tribally designated housing entity. (ii) State distributions From any amounts remaining in the Housing Trust Fund after the distribution of the amounts required under clause (i), the Secretary shall ; (iii) in subparagraph (B), by striking subparagraph (A) and inserting subparagraph (A)(ii) ; and (iv) in subparagraph (C), by striking subparagraph (A) and inserting subparagraph (A)(ii) ; (D) in paragraph (4)— (i) in subparagraph (B), by striking other than fiscal year 2009 ; and (ii) by striking subparagraph (C), and inserting the following: (C) Minimum State allocations (i) In general Except as provided in clause (ii), if the formula amount determined under paragraph (3) for a fiscal year would allocate less than $10,000,000 to any of the 50 States of the United States or the District of Columbia, the allocation for such State of the United States or the District of Columbia shall be the greater of $10,000,000, or 1 percent of the total amount of amounts allocated for the Housing Trust Fund under this section and the increase in any such allocation shall be deducted pro rata from the allocations made to all other of the States (as such term is defined in section 1303). (ii) Exception If the allocation to the Housing Trust Fund under section 501(a)(2)(A) of the Partnership to Strengthen Homeownership Act of 2014 for a fiscal year is less than $1,000,000,000, the minimum allocation to any of the 50 States of the United States or the District of Columbia shall be the greater of $5,000,000 or 1 percent of the total amount of amounts allocated for the Housing Trust Fund under this section and the increase in any such allocation shall be deducted pro rata from the allocations made to all other of the States (as such term is defined in section 1303). ; (E) in paragraph (7)(B)(iv), by striking section 132 and inserting section 1132 ; and (F) by adding at the end the following: (11) Rule of construction Nothing in this subsection shall be construed to limit the ability of a federally recognized tribe or a tribally designated housing entity from receiving grant amounts provided by a State under this section. ; and (4) in subsection (f), by adding at the end the following: (7) Tribal terms (A) In general The terms federally recognized tribe , Indian area , Indian tribe , and tribally designated housing entity have the same meaning as in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (B) Indian reservation The term Indian reservation means land subject to the jurisdiction of an Indian tribe. . 503. Capital Magnet Fund Section 1339 of the Safety and Soundness Act ( 12 U.S.C. 4569 ) is amended— (1) in subsection (b)(1), by inserting or section 501 of the Partnership to Strengthen Homeownership Act of 2014 after section 1337 ; (2) in subsection (c)(2), by inserting and tribal after rural ; and (3) in subsection (h)(2)(A), by inserting and tribal after rural . (7) Tribal terms (A) In general The terms federally recognized tribe , Indian area , Indian tribe , and tribally designated housing entity have the same meaning as in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (B) Indian reservation The term Indian reservation means land subject to the jurisdiction of an Indian tribe. . 504. Market Access Fund (a) Establishment Ginnie Mae shall establish a fund, to be known as the Market Access Fund . (b) Deposits The Market Access Fund shall be credited with— (1) the share of the fee charged and collected by the Platform under section 501(a)(1)(B)(iii); and (2) such other amounts as may be appropriated or transferred to the Market Access Fund. (c) Purpose Amounts in the Market Access Fund shall be eligible for use by grantees to address the homeownership and rental housing needs of extremely low-, very low-, low-, and moderate-income and underserved or hard-to-serve populations by— (1) providing grants and loans for research, development, and pilot testing of innovations in consumer education, product design, underwriting, and servicing; (2) offering additional credit support for certain eligible mortgage loans or pools of eligible mortgage loans, such as by covering a portion of any capital required to obtain insurance from the Ginnie Mae under this Act, provided that amounts for such additional credit support do not replace borrower funds required of an eligible mortgage loan; (3) providing grants and loans, including through the use of pilot programs of sufficient scale, to support the research and development of sustainable homeownership and affordable rental programs, which programs shall include manufactured homes purchased through real estate and personal property loans and manufactured homes used as rental housing, provided that such grant or loan amounts are used only for the benefit of families whose income does not exceed 120 percent of the median income for the area as determined by Ginnie Mae, with adjustments for family size; (4) providing limited credit enhancement, and other forms of credit support, for product and services that— (A) will increase the rate of sustainable homeownership and affordable rental housing, including manufactured homes purchased through real estate and personal property loans and manufactured homes used as rental housing, by individuals or families whose income does not exceed 120 percent of the area median income as determined by Ginnie Mae, with adjustments for family size; and (B) might not otherwise be offered or supported by a pilot program of sufficient scale to determine the viability of such products and services in the private market; (5) providing housing counseling by a HUD-approved housing counseling agency; and (6) providing incentives to achieve broader access to credit. (d) Annual report The Director of Ginnie Mae shall, on an annual basis, report to Congress on the performance and outcome of grants, loans, or credit support programs funded by the Market Access Fund in accordance with subsection (c), including an evaluation of how each grant, loan, or credit support program— (1) succeeded in meeting or failed to meet the needs of certain populations, especially extremely low-, very low-, low-, and moderate-income and underserved or hard-to-serve populations; and (2) succeeded in maximizing or failed to maximize the leverage of public investment made for each such grant, loan, or credit support program. VI General Provisions 601. Rule of construction regarding Senior Preferred Stock Purchase Agreements Nothing in this Act shall be construed to alter, supersede, or interfere with the final ruling of a court of competent jurisdiction with respect to any provision of the Senior Preferred Stock Purchase Agreement or amendments thereof of an enterprise. 602. Treatment of community development financial institution (a) Amendment Section 10(a) of the Federal Home Loan Bank Act ( 12 U.S.C. 1430(a) ) is amended— (1) in paragraph (2)(B), by inserting or community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 )) after community financial institution ; and (2) in paragraph (3)(E), by inserting or community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 )) after community financial institution . (b) Effective date The amendment made by subsection (a) shall take effect on the certification date.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5055ih/xml/BILLS-113hr5055ih.xml
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113-hr-5056
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I 113th CONGRESS 2d Session H. R. 5056 IN THE HOUSE OF REPRESENTATIVES AN ACT To improve the efficiency of Federal research and development, and for other purposes.
1. Short title This Act may be cited as the Research and Development Efficiency Act . 2. Regulatory efficiency (a) Sense of Congress It is the sense of Congress that— (1) high and increasing administrative burdens and costs in Federal research administration, particularly in the higher education sector where most federally sponsored research is performed, are eroding funds available to carry out basic scientific research; (2) progress has been made over the last decade in streamlining the pre-award grant application process through Grants.gov, the Federal Government’s website portal; (3) post-award administrative costs have grown as Federal research agencies have continued to impose agency-unique compliance and reporting requirements on researchers and research institutions; (4) facilities and administration costs at research universities can exceed 50 percent of the total value of Federal research grants, and it is estimated that nearly 30 percent of the funds invested annually in federally funded research is consumed by paperwork and other administrative processes required by Federal agencies; and (5) it is a matter of critical importance to American competitiveness that administrative costs of federally funded research be streamlined so that a higher proportion of taxpayer dollars flow into direct research activities. (b) In general The Director of the Office of Science and Technology Policy shall establish a working group under the authority of the National Science and Technology Council, to include the Office of Management and Budget. The working group shall be responsible for reviewing Federal regulations affecting research and research universities and making recommendations on how to— (1) harmonize, streamline, and eliminate duplicative Federal regulations and reporting requirements; and (2) minimize the regulatory burden on United States institutions of higher education performing federally funded research while maintaining accountability for Federal tax dollars. (c) Stakeholder input In carrying out the responsibilities under subsection (b), the working group shall take into account input and recommendations from non-Federal stakeholders, including federally funded and nonfederally funded researchers, institutions of higher education, scientific disciplinary societies and associations, nonprofit research institutions, industry, including small businesses, federally funded research and development centers, and others with a stake in ensuring effectiveness, efficiency, and accountability in the performance of scientific research. (d) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter for 3 years, the Director shall report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on what steps have been taken to carry out the recommendations of the working group established under subsection (b).
Passed the House of Representatives July 14, 2014. Karen L. Haas, Clerk.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5056eh/xml/BILLS-113hr5056eh.xml
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